the first re

lication of

pealed.

custom notice is usually given in churches during divine service of the times appointed for holding courts leet, courts baron, and customary courts: and whereas it is expedient that such mode of giving notices should be altered: be it therefore enacted by the queen's So much of most excellent majesty, by and with the advice and consent of the cited act as lords spiritual and temporal, and commons, in this present parlia- directs pubment assembled, and by the authority of the same, that from and notices reafter the passing of this act so much of the said first recited act as directs the publication of such notices to be made in the parish. church or chapel on some Sunday during or immediately after divine service shall be and the same is hereby repealed; and that Notices not from and after the first day of January next no proclamation or in churches other public notice for a vestry meeting or any other matter shall during dibe made or given in any church or chapel during or after divine &c. service, or at the door of any church or chapel at the conclusion of divine service.

to be given

vine service,

beretofore

after divine

to the church

II. And be it further enacted, that from and after the first day of Notices January next all proclamations or notices, which under or by virtue usually given of any law or statute, or by custom or otherwise, have been hereto- during or fore made or given in churches or chapels during or after divine service, &c. service, shall be reduced into writing, and copies thereof either in to be affixed writing or in print, or partly in writing and partly in print, shall doors. previously to the commencement of divine service on the several days on which such proclamations or notices have heretofore been made or given in the church or chapel of any parish or place, or at the door of any church or chapel, be affixed on or near to the doors of all the churches and chapels within such parish or place; and such notices when so affixed shall be in lieu of and as a substitution for the several proclamations and notices so heretofore given as aforesaid, and shall be good, valid, and effectual to all intents and purposes whatsoever.

holding ves

herein di

III. And be it further enacted, that no such notice of holding a Notices for vestry shall be affixed on the principal door of such church or chapel tries to be unless the same shall previously have been signed by a churchwarden signed as of the church or chapel, or by the rector, vicar, or curate of such rected. parish, or by an overseer of the poor of such parish; but that every such notice so signed shall be affixed on or near to the principal door of such church or chapel.

of ecclesias

IV. And be it further enacted, that from and after the first day of Decrees, &c. January next no decree relating to a faculty, nor any other decree, tical courts citation, or proceeding whatsoever in any ecclesiastical court, shall not to be read be read or published in any church or chapel during or immediately after divine service.

in churches.

extend to no

V. Provided always, and be it further enacted, that nothing in Act not to this act shall extend or be construed to extend to the publication of tices purely banns, nor to notice of the celebration of divine service or of sermons, ecclesiastical nor to restrain the curate, in pursuance of the rules in the book of common prayer, from declaring unto the people what holy days or fasting days are in the week following to be observed, nor to restrain the minister from proclaiming or publishing what is prescribed by the rules of the book of common prayer, or enjoined by the queen or by the ordinary of the place.

Extension

of act.

VI. And be it further enacted, that all the provisions of this act shall extend and be construed to extend to the town of Berwick-uponTweed, the Isle of Man, and the islands of Guernsey, Jersey, Alderney, and Sark.

SPACE LEFT,

FOR REFERENCE, IF NECESSARY,

TO ACTS OF PARLIAMENT PASSED SUBSEQUENT TO A. D. 1844.

PAROCHIAL LIBRARIES.

7 ANNE, CAP. 14.-An act for the better preservation of parochial libraries in that part of Great Britain called England.-Whereas in many places in the south parts of Great Britain called England and Wales the provision for the clergy is so mean, that the necessary expense of books for the better prosecution of their studies cannot be defrayed by them; and whereas of late years, several charitable and well-disposed persons have by charitable contributions erected libraries within several parishes and districts in England, and Wales; but some provision is wanting to preserve the same, and such others as shall be provided in the same manner, from embezzlement; be it therefore enacted by the queen's most excellent majesty, by In every paand with the advice and consent of the lords spiritual and temporal, library shall and commons, in this present parliament assembled, and by the be erected, it authority of the same, that in every parish or place where such a served for library is or shall be erected, the same shall be preserved for such the uses to use and uses, as the same is and shall be given, and the orders and given, &c. rules of the founder or founders of such libraries shall be observed and kept.

rish where a

shall be pre

which it is

&c. before they use the

it.

II. And for the encouragement of such founders and benefactors, and to the intent they may be satisfied, that their pious and charitable intent may not be frustrated; be it also enacted by the authority Incumbents, aforesaid, that every incumbent, rector, vicar, minister or curate of a parish, before he shall be permitted to use and enjoy such library, library, shall give security shall enter into such security by bond or otherwise, for preservation to preserve of such library, and due observance of the rules and orders belonging to the same, as the proper ordinaries within their respective jurisdictions, in their discretion shall think fit; and in case any book or If any book books belonging to the said library shall be taken away and detained, away, &c. the it shall and may be lawful for the said incumbent, rector, vicar, incumbent minister or curate for the time being, or any other person or persons, trover, and to bring an action of trover and conversion, in the name of the shall recover proper ordinaries within their respective jurisdictions; whereupon ages, to the treble damages shall be given with full costs of suit, as if the same library. were his or their proper book or books, which damages shall be applied to the use and benefit of the said library.

be taken

may bring

treble dam

use of the

ry, &c. may

the library,

the defects;

III. And it is further enacted by the authority aforsaid, that it shall The ordinaand may be lawful to and for the proper ordinary, or his commissary inquire into or official in his respective jurisdiction, or the archdeacon, or by his the state of direction his official or surrogate, if the said archdeacon be not the and amend incumbent of the place where such library is, in his or their respective visitation, to inquire into the state and condition of the said libraries, and to amend and redress the grievances and defects of and concerning the same, as to him or them shall seem meet; and and appoint it shall and may be lawful to and for the proper ordinary, from time inspect the to time, as often as shall be thought fit, to appoint such person or persons, as he shall think fit, to view the state and condition of such

persons to

library.

Incumbent, &c. to make

a catalogue of the books,

to be deli

libraries, and the said ordinaries, archdeacons or officials respectively, shall have free access to the same at such times as they shall respectively appoint.

IV. And be it also further enacted by the authority aforesaid, that where any library is appropriated to the use of the minister of any parish or place, every rector, vicar, minister or curate of the same, within six months after his institution, induction or admission, shall make or cause to be made a new catalogue of all books retered with maining in, or belonging to such library, and shall sign the said

vered to the ordinary, and regis

out fee.

Where

libraries are already erected, such catalogue to

be made, &c.

before 29

Sept. 1709.

And where

any shall be erected, within six

months after

Upon the

death or removal of any incumbent, the church

shall lock up

catalogue thereby acknowledging the custody and possession of the said books; which said catalogue so signed, shall be delivered to the proper ordinary within the time aforesaid, to be kept or registered in his court, without any fee or reward for the same.

V. And be it further enacted by the authority aforesaid, that where there are any parochial libraries already erected, the incumbent, rector, vicar, minister, or curate of such parish or place, shall make or cause to be made a catalogue of all books in the same, thereby acknowledging the custody and possession thereof; which catalogue so signed, shall be delivered to the proper ordinary, on or before the nine and twentieth day of September which shall be in the year of our Lord one thousand seven hundred and nine; and where any library shall at any time hereafter be given and appropriated to the use of any parish or place, where there shall be an incumbent, rector, vicar, minister, or curate in possession, such incumbent, rector, vicar, minister or curate, shall make or cause to be made a catalogue of all the books, and deliver the same, as aforesaid, within six months after he shall receive such library.

VI. And to prevent any embezzlement of books upon the death or removal of any incumbent, be it also enacted by the authority aforewardens said, that immediately after the death or removal of any incumbent, the library. rector, vicar, minister, or curate, the library belonging to such parish or place shall be forthwith shut up, and locked, or otherwise secured by the churchwarden or churchwardens for the time being, or by such person or persons as shall be authorized or appointed by the proper ordinary, or archdeacon respectively, so that the same shall not be opened again, till a new incumbent, rector, vicar, minister, or curate shall be inducted or admitted into the church of such parish or place.

The vestry,

&c. may meet in such

libraries, if

they did so formerly.

VII. Provided always, that in case the place where such library is or shall be kept, shall be used for any public occasion for meeting of the vestry, or otherwise, for the despatch of any business of the said parish, or for any other public occasion, for which the said place hath been ordinarily used, the place shall nevertheless be made use of as formerly for such purposes, and after such business despatched shall be again forthwith shut and locked up, or otherwise The incum secured, as is before directed.

bent shall enter the benefactions, and books.

VIII. And be it also further enacted by the authority aforesaid, that for the better preservation of the books belonging to such libraries, and that the benefactions given towards the same may appear, a book shall be kept within the said library for the entering and registering of all such benefactions, and such books as shall be given towards the same, and therein the minister, rector, vicar, or

curate of the said parish or place, shall enter or cause to be fairly entered such benefactions, and an account of all such books as shall from time to time be given, and by whom given.

may make

cerning the

IX. And for the better governing the said libraries, and preserving The ordina of the same, it is hereby further enacted by the authority aforesaid, and donor that it shall and may be lawful to and for the proper ordinary, orders contogether with the donor of such benefaction, (if living) and after the library; death of such donor, for the proper ordinary alone, to make such other rules and orders concerning the same, over and above, and besides, but not contrary to such as the donor of such benefactions shall in his discretion judge fit and necessary; which said orders which shall and rules so to be made, shall, from to time, be entered in the said book, or some other book to be prepared for that purpose, and kept in the said library.

be entered as aforesaid,

be alienable

X. And it is further enacted and declared by the authority afore- Books not to said, that none of the said books shall in any case be alienable, nor without conany book or books that shall hereafter be given by any benefactor sent of the or benefactors shall be alienated, without the consent of the proper ordinary. ordinary, and then only when there is a duplicate of such book or books; and that in case any book or books be taken or otherwise If any book lost out of the said library, it shall and may be lawful to and for be lost a jusany tice of peace justice of peace within the county, riding, or division, to grant his may grant a warrant to search for the same, and in case the same be found, such warrant to, book or books so found shall immediately, by order of such justice, and if found be restored to the said library; any law, statute, or usage to the restored to contrary in anywise notwithstanding.

search for it;

the library.

to a library

XI. Provided always, that nothing in this act contained shall This act shall extend to a public library lately erected in the parish of Ryegate in not extend the county of Surrey, for the use of the freeholders, vicar, and erected in inhabitants of the said parish, and of the gentlemen and clergymen Ryegate in inhabiting in parts thereto adjacent; the said library being constituted in another manner than the libraries provided for by this act.

Surrey.

SPACE LEFT,

FOR REFERENCE, IF NECESSARY,

TO ACTS OF PARLIAMENT PASSED SUBSEQUENT TO A. D. 1844,