CHAP.
XXIII.
The Register
shall give
such Notice,
on Penalty of
1000 lb Tobacco.
The two oldest
Vestry-men
to be left
out annually.
The Vestry
may elect another
in the
Room of such
as refuse, &c.
to serve.
The small
Fines imposed
by 1702,
ch. §. 10,
12, and 14,
shall be recovered
before
a single Magistrate.
The Fines
imposed by §.
2, of this Act,
and on the
Church-warden
refusing
to serve, &c.
by 1702, ch.
1, §. 14,
shall be recovered
in the
County
Court.
and the Court
to order Prosecution.
Every acting
Vestry-man
or Register is
required to
inform, |
where he or they shall be so chosen and elected as aforesaid) refuse
or neglect
to repair to, and be present at the next Meeting of such Vestry or Vestries,
and there qualify him or themselves as such Vestry-man or Vestry-men, without
a reasonable Excuse, after such Notice given to them as aforesaid; and
Notice of such Meeting to be given to him or them by the said Register,
who
is hereby directed and required to give such Notice, under the Penalty
and
Forfeiture of One Thousand Pounds of Tobacco, that then every Vestry-man
so refusing or neglecting as aforesaid, shall forfeit and pay the Quantity
of One
Thousand Pounds of Tobacco. And the Two Vestry-men mentioned by the
said Act, to be annually left out, shall, and are hereby directed to be
the
Two Eldest Vestry-men, and which said Two Vestry-men so left out as aforesaid,
or either of them, shall not be liable to be chosen, or obliged to serve
as
a Vestry-man or Vestry-men, for the Space of Three Years ensuing the
Time
of their being left out as aforesaid.
III. And it is
hereby further Enacted,
by the Authority aforesaid, That
it
shall and may be lawful, to and for the Vestry or Vestries, and they
are hereby
impowered and directed, to proceed to the Choice and Election of some other
Person or Persons to be Vestry-man or Vestry-men, in the Place or Stead
of such Person or Persons so chosen Vestry-man or Vestry-men, and refusing
or neglecting as aforesaid; and the former Choice of such Person or Persons
as Vestry-man or Vestry-men refusing or neglecting, shall be void, and
of no
Effect.
IV. And whereas,
by
the aforesaid recited Act, no method of Prosecution
is directed for the Recovery of the Fines and Penalties by the said Act
imposed
on a Vestry-man or Vestry-men, Church-warden or Church-wardens,
Register or Registers, and every Person refusing or neglecting to register
any
Birth,. Marriage, or Burial; Be it therefore
hereby Enacted,
by the Authority
aforesaid, That the Fines and penalties in the aforesaid recited
Act, mentioned
to be imposed on a Vestry-men or Vestry-men, Register or Registers,
or
any other person refusing or neglecting to register any Birth, Marriage,
or
Burial, shall and may be recovered before any one Justice of the Peace
for the
said County where such Offence shall be committed; and one Moiety thereof
applied towards defraying the Charge of the Parish where the Offence
shall
be committed; and the other Moiety to him, her, or them that shall inform
of the same.
V. And
it is hereby further Enacted,
by the Authority aforesaid,
That the
Fine or Fines, by this Act imposed on the Vestry-man so refusing or neglecting
as aforesaid, and on the Register as aforesaid, and by the aforesaid
recited
Act in the Church-wardens, shall and may be sued for, and recovered in
his
Lordship the Lord Proprietary's name, by Information, in the Court of the
County where such Offence shall be committed, wherein no Essoin, Protection,
or Wager of Law shall be allowed. The same Fine or Fines to be for
the Use of the parish in which the said Offence or Offences shall be
committed;
and every and each acting Vestry-man or Register is hereby required
to
make Information to the next County Court, after such Neglect or Refusal
of
the Vestry-man or Vestry-men elected as aforesaid, or Neglect or Refusal
of
the said Register as aforesaid, in order for the Recovery of the Fine
or Fines
imposed by this Act. And the Justices of the said County Court so
informed,
shall and may, and are hereby directed and authorized to order a Prosecution
in the Manner aforesaid, to be had against such Vestry-man or Vestry-men,
REgister or Registers, Church-warden or Church-wardens, refusing or neglecting
as aforesaid.
VI. Provided
always,
That the Power and Authority by the aforesaid recited
Act, and this present Act, given to the Vestry or Vestries, for the Election
of a Vestry-man or Vestry-men, Church-warden or Church-wardens, |
