of the said Office or Duty, such Person, so refusing, shall be, and
is
hereby obliged and directed to signify such his Refusal in Writing, under
his
Hand, directed to the Clerk of the Council, for the Time being, and shall
within Ten Days from the Receipt of his Warrant, deliver such Writing
to
the Sheriff of the County, or his Deputy, where such Person shall reside,
under the Penalty of Four Hundred Pounds of Tobacco; to be recovered before
One Magistrate as in Case of small Debts, and the said Sheriff shall and
is hereby obliged to forward the same, in the like Manner that public
Letters
by the Laws of this Province are to be forwarded, which are directed, For
his Lordship's Service; and every Inspector or Inspectors to be chosen,
and accepting
the Office, shall not resign his said Office, or refuse to act therein,
until the First Day of November, yearly.
XLIII. And be
it further Enacted, That where the same Persons are, by
any of the Vestries, again re-chose to serve as Inspectors for the Year
next following,
they, and every of the said Inspectors, shall, if they incline to serve,
signify their Acceptance thereof, within Ten Days next after such Time
of
their being so re-chosen, which Signification shall be made in the same
Manner,
as Persons appointed by his Excellency the Governor to be Inspectors, are
by this Act before directed, to signify their Refusal to accept of such
Office.
XLIV. And to
prevent the Inconvenience that may arise from the Sale of
the Office of Inspector, Be it further Enacted,
That if any Person or Persons
nominated and appointed by the Vestry, or Commissioned by the Governor
or
Commander in Chief for the Time being, to be an Inspector or Inspectors,
within this Province, shall take or receive any Sums of Money, or Tobacco,
or any other Thing, or any Reward or Gratuity, to the Intent that he or
they shall refuse to act under such Nomination, Appointment, or Commission,
such Person, so taking and receiving any Thing to the Intent aforesaid,
shall forfeit and pay double the Value of the Sum of Money, or Tobacco,
or other Thing, so taken and received; to be recovered by Indictment, or
Information,
in the County Court of the County where the Offence shall happen,
and be applied towards the defraying the Expence of the Execution of this
Act in such County. And the Person or Persons paying, giving, or
delivering,
or offering to pay, give, or deliver, any Sum or Sums of Money, or
Tobacco, or other Thing, to the Intent aforesaid, shall forfeit and pay
double
the Value of the Sum of Money, or Tobacco, or other Thing, so given, or
delivered, or offered to be given, or delivered; to be recovered and applied
in
Manner aforesaid, and shall for ever be disabled to be an Inspector
within this
Province.
XLV. And be it
further Enacted, That in case of the Death, Refusal, or
Removal of any Inspector or Inspectors, the Governor, or Commander in
Chief, for the Time being, shall and may nominate and appoint, any
other
Person or Persons mentioned in the last Recommendation, to be sent him
from
such Vestry-men and Church-wardens for any Inspection, where a Vacancy
shall or may happen, as aforesaid, to succeed any Inspector or Inspectors,
as
aforesaid refusing, removed, or dead: But should it so happen, that
by Deaths,
Refusals, or Removals, there should not be Persons enough left in the Nominations
of the respective Vestry-men and Church-wardens, so as aforesaid
to be transmitted, for the Appointment of the Governor, or Commander in
Chief, then and in such Case, the Vestry-men and Church-wardens, of any
Parish or Parishes, where this shall happen to be the Case, shall immediately
meet, as aforesaid, and elect Four or Two, as the Case shall require, for
Inspector
or Inspectors, and, as before, transmit Certificates of such Nomination
and Recommendation to the Sheriff of the said County, who shall forthwith
transmit the same to the Clerk of the Council, to be as before laid by
him before the Governor, or Commander in Chief, out of which the said
Governor, or Commander in Chief, shall appoint a sufficient Number according
|
CHAP.
XVIII.
shall signify
the same in
10 Days, &c.
Penalty in
Default.
Inspectors
accepting
shall not resign,
&c.
Inspectors re-chosen,
shall
signify their
Acceptance
in 10 Days.
Inspectors
shall not take
any Reward
for refusing
to serve.
Penalty.
And on the
persons paying
or offering
such
Gratuity.
On Death,
&c. of an Inspector,
the
Governor
may appoint
one from the
last Nomination,
if any
be; otherwise
the Vestry
shall make a
new Election,
&c. |
