BE it Enacted by the Queen's
most excellent majesty, by and with the Advice
and Consent of her Majesty's Governor, Council, and Assembly of this Province,
and the Authority of the same, That the Libraries appointed for
the several and respective Parishes within this Province, shall be
and remain
in the hands and Possession of the Minister of the Parish, if there be
any
Minister actually Inducted into, and Incumbent in, the said Parish, during
his
Residence in the said Parish, who is by this Act obliged to keep and preserve
the said Library from Waste and Embezzlement, and to be accountable for
the same, to the Governor, Council and Vestry, as often as required.
II. And to
that Purpose, the said Minister shall pass two Receipts for the
said Books, inserting what they are, and the Title Page of the same, on
Receipt
to be, by the Vestry of the said Parish, transmitted to the Governor
and Council, and the other to remain with the Vestry of the said Parish,
to
be entered in their Register Book.
III. And the
said Vestries are hereby obliged to visit the said Libraries twice
in the Year, and inspect the same: And in case the said Vestries
shall not (or
at least Four of them of the eldest Standing shall not) visit the said
Libraries
twice in the Year, as by this Act is required, the whole Number of Vestry-men
shall forfeit and pay the Sum of Fourteen Hundred Pounds of Tobacco:
One Moiety to her majesty, her Heirs and Successors, for the Support of
Government; the other Moiety to the Informer, or him or them that shall
sue for the same, in any Court of Record of this province, by Action
of Debt,
Bill, Plaint or Information, wherein no Essoin, Protection, or Wager of
Law to be allowed; and the Onus probandi shall lie on the Part of
the Vestry,
to make it appear that hey have visited the Libraries, as by this Act they
are
obliged.
IV. And if
it so happen, that the Vestry find any Damage, or Embezzlement
thereof, they shall require and cause Satisfaction for the same to be made,
by action of Debt, to be brought against the said Minister, his Executors
or
Administrators, for the full Value of such Books, as are, or shall be wanting;
to be commenced and brought by the Vestry-men of such respective parish,
where such Damage and Embezzlement shall happen, ho, by this Act, are
impowered to bring their special Action without their Principal Vestry-man.
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Parochial Libraries
to remain
in Possession
of the
Incumbents;
who shall be
accountable
for the same.
Incumbent
to pass two
Receipts for
the Books.
Vestries to
visit and inspect
the Libraries
twice
a Year, on
Penalty of
1400 lb of
Tobacco.
Vestry impowered
to
sue the Minister,
his
Executors,
&c. in
case of Damage
or Embezzlement. |