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ever. And the said Treasurer for the time being, in his Receipts, Payments and Accompts, shall be subject to such Inspections, Examination and Comptrol, as the faid Governors for the time being, or any four or more of them (whereof such as are before appointed for the Special Quorum, to be Three at least) shall establish and appoint. And We do hereby for Us, Our Heirs and Succeflors, grant and declare, That these Our Letters Patents, or the Inrolment thereof, shall be in and by all Things good, valid, and effe&ual in the Law, according to the true Intent and Meaning of the fame, and shall be taken, construed, and adjudged in the most favourable and beneficial Sense, and to the best Advantage of and for the said Corporation, as well in all Our Courts of Record, as elsewhere: Notwithstanding the not reciting, or not truly or fully reciting of any A& or acts of Parlia. ment, of or concerning the faid Firft. Fruits or Tenths hereby granted or mention’d to be granted, or any part or parcel thereof; and notwith. standing the not mentioning the true yearly Va. lue of the said First Fruits or Tenths, or any of them; and notwithstanding any Nonrecital, Misrecital, Defect, Incertainty, or Imperfe&ion in these Our Letters-Patents contained, or any other Matter, Cause, or thing whatsoever. In Witness whereof, We have caused thefe Our Letters to be made Patents: Witnefs Our Self at Westminster, the Third Day of November, in the Third Year of Our Reign.
By Writ of Privy Seab.
OR the more easy and effe&tual Recovery
of Small Tythes, and the Value of them, where the faine shall be unduly Substracted and Detained, where the same do not amount to a. bove the yearly Value of forty Shillings from any one Perfon, be it Enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons in this present Parliament af. sembled, and by the Authority of the fame, That all and every person and Persons shall henceforth well and truly set out and pay all and singular the Tythes, commonly called sinal] Tythes, and Compositions and Agreements for the fame, with all Offerings, Oblations, and Obventions, to the several Rectors, Vicars, and other Persons to whom they are or shall be due, in the several Parishes within this Kingdom of England, Dominion of Wales, and Town of Berwick upon Tweed, according to the Rights, Customs and Prescription commonly used with in the said Parishes respektively ; And if any Person or Persons shall hereafter Substract or Withdraw,or any ways fail in the true Payment of such SmallTythes, Oflerings, Oblations, Obventions or Compositions, as a forefaid, by the space of Twenty Days at most after Demand thereof, then it shall and may be lawful for the Perfon or Persons to whom the same shall be due, to make his or their Complaint in writing unto
Two or more of His Majesty's Justices of the Peace within that County, Riding, City, Town. Corporate, Place or Divilion, where the same fhall grow due, neither of which Justices of Peace is to be Patron of the Church or Chapel whence the said Tythes, do or shall arise, nor any ways Interested in such Tythes, Offerings, Oblations, Obventions or Compositions aforesaid.
And be it farther Enacted, by the Authority aforesaid, That if hereafter any Suit or Complaint Thall be brought to Two or more Justices of the Peace as aforesaid, concerning Small Tythes, Offerings, Oblations, Obventions, or Compofitions, as a foresaid, The said Justices are hereby Authorized and Required to Summon in Writing under their Handsand Seals, by reafo. nable Warning, every such Person or Persons against whom any Complaint shall be made, as aforesaid ; And after his or their appearance, or upon Default of their appearance, the said Warning or Summons being proved before them upon Oath, the said Justices of Peace, or any Two or inore of them, shall proceed to hear and determine the said Complaint, and upon the Proofs, Evidences and Testimonies produc'd before them, shall in Writing under their Hands and Seals adjudge the Case, and give such rea. fonable Allowance and Compensation for such Tythes, Oblations, and Compositions fo fub. stracted or withheld, as they Thall judge to be just and reasonable, and also such Costs and Charges not exceeding Ten Shillings, as upon the Merits of the Caufe fhall appear Juft.
And be it farther Enacted, That ifany Person or Persons shall refuse or neglect, by the space of
Ten Days after Notice given, to pay or satisfy any such Sum of Money as upon such Complaint and Proceeding, shall by two or more Justices of the Peace be adjudged, as aforesaid, In every fuch Case, the Constables and Churchwardens of the faid Parish, of one of them, shall, by Warrant under the Hands and Seals of the faid Justices to them directed, distrain the Goods and Chattels of the Party lo refusing or negle&ting, as aforesaid, and after detaining them by the space of three Days, in case the faid Sum fo adjudged to be paid, together with reafonable Charges for making and detaining the said Diftrefs, be not tendred or paid by the faid Party in the mean time, shall and may make publick Sale of the fane, and pay to the Party complaining, so much of the Money arising by such Sale, as may fatisfy the faid Sum so adjudged, retaining to themselves fuch reasonable Charges for making and keeping the said Dift ress, as the said Juo ftices thall think fit, and shall render the Over. plus (if any be) to the Owner.
Provided always, and be it Enacted, That it fhall and may be lawful for all Juftices of Peace, in the Examination of all Matters offered to them by this Ad, to administer an Oath, or Oaths, to any Witness or Witnesses, where the same shall be necessary for their Information, and for the better Discovery of the Truth.
Provided also, and be it Enacted, That this A& or any thing herein contained, shall not extend to any Tythes, Oblations, Payments, or Obventions within the City of London or Li. berties thereof, nor to any other City or Town Corporate, where the same are settled by any
A&t of Parliament in that Case particularly made and provided.
Provided also, and be it Enacted, That no Complaint for, or concerning any Small Tythes, Offerings, Oblations, Obventions, or Compofitions hereafter due, shall be heard and determined by any Justices of the Peace, by virtue of this Ad, unless the Complaint shall be made within the space of Two Years next after the times that the fame Tythes, Oblations, Obven. tions and Compositions did become due or payable, any thing in this A&t contained to the contrary notwithstanding
Provided allo, and be it Enacted, That any Person finding him, her, or themselves aggrieved, by any Judgment to be given by any Iwo Justices of the Peace, shall and may appeal to the next General Quarter-Seffions to be held for the County, Riding, City, Town-Corporate, or Di. vision ; and the Justices of the Peace there prelent, or the major part of them, shall proceed finally to hear and determine the Matter, and to Reverse the said Judgment, if they shall see Cause : And if the Justices then present, or the major part of them, shall find cause to Confirm the Judgment given by the first two Justices of the Peace, they shall then Decree the fame by Order of Śeflions, and shall also proceed to give fuch Costs against the Appellant, to be levied by Distress and Sale of the Goods and Chattels of the faid Appellant, as to them shall seem Just aud Reasonable ; And no Proceedings or Judgment had, or to be had, by virtue of this Aa, Malt be removed or superseded by virtue of any Writ of Certiorari; or other Writ out of