CHAP. XXVIII.
An ACT to levy on the taxable inhabitants of Baltimore county, the
quantity of
three hundred thousand pounds of tobacco, for finishing
and completing the
court-house and prison of the said county.
That quantity of tobacco is to be levied,
by two equal assessments, in 1771 and 1772, and paid to Robert
Alexander, William Smith, John Moale, and Andrew Buchanan, who are empowered
to contract
for the purpose. Should a surplus remain, it is to be paid to the
justices for the use of the county. |
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CHAP. XXXI.
An additional supplementary ACT to the act, entitled, An act for the
establishment
of religious worship in this province according to the
church of England,
and for the maintenance of ministers.
This act was to continue seven years,
&c. and before these had expired it ceased to have operation, by
the dissolution of the old government and the formation of the new.
Its provisions are singular and curious
enough to merit a particular notice.
By this act every minister, within four months after
an induction to a church living, is directed to take
the oaths to government, the test, and an oath " that he has made no sumoniacal
contract for his benefice."
If he neglect to take any of these oaths, or if he be found guilty of any
such contract, he shall thereupon
and thenceforth be adjudged disabled to hold any living whatever; and
if he be inducted through
means of a contract of that kind to which he was not privy, he shall thereupon
and thenceforth be adjudged
disabled to hold that particular living. But if a lease shall have
been bona fide, and for a valuable
consideration, made by him, whilst he held the living, to a person not
being privy to, or having notice of
the sumony, such lease shall be good and valid.
Any incumbent absenting himself from his parish for
the space of one entire month, or for two months
at different times in any one year, shall forfeit £. 10 sterling
to the use of the parish.
Upon a complaint in writing, by a majority of the vestrymen
and wardens, exhibited to the governor
and the council, setting forth, that the incumbent hath wilfully neglected
to officiate, or hath been guilty of
scandalous immorality, the governor, by the advice of his council, may
appoint three beneficed ministers,
and three laymen, in conjunction with himself, or with the first member
of the council who shall be of
the church of England, if the governor be not of that church, to inquire
into the grounds of the
complaint, by taking depositions in writing. And the sentence of
this tribunal may be to admonish, to
suspend, or totally to deprive; and, at discretion, they may further award
the offender to pay costs. In
case of a suspicion, the governor is authorised to appoint a minister,
to officiate in the party's stead, and
to receive the income and profits.
But before this tribunal can be instituted, the grand
jury of the assize court, or (if there shall be no
assize court) the grand jury of the provincial court, are to examine the
same complaint, together with
such witnesses as shall be produced on each side, and to endorse on the
complaint, that the party accused
had a copy thereof delivered to him twenty days before the sitting of the
court, or that he could not be
found in the province, and that the complaint, or some part thereof, (which
they are to specify) is true.
Each person appointed a member of this tribunal is to
take the oaths to government, the test, and an
oath of office. They are to appoint a time and place for sitting,
and to proceed on the business upon appearance
of the accused, or upon his wilful default after a note, under their hands,
shall have been set up
at the church door at least one month. And the
members of this court, and their clerk, are to have the
same allowances as the judges and the clerk of the court
of appeals, to be paid to the vestry complaining. |
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