Page:Ruffhead - The Statutes at Large - vol 4.djvu/415

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A. D. 1708. Anno feptlmo Ann^ Regina?, C. 14. 363 VI. Provided always, and be it enafted, That the Penalties incurred by reafon ofthis A&, be inflifted Penalty whento' ■within ten Days next after the Offences are committed, or difcovered.- _ _ ^^ inflifted. VII. Provided always, That if it fliall happen that any fuch Clothes, as aforefaid, without any wilful If any fuch Default of the Maker thereof, _ ftiall in fome Parts (not exceeding in the whole one fifth Part of fl^e ^'i"hou't 't'he'bci Length) be lefs than the refpeftive Breadths aforefaid, yet fuch Clothes- may be fold without incurring fiIiit°of the Ma-- any of the Penalties by this Afl; impofed on the Maker or Seller thereof. Iter, be lefs tha.-j; Vril. And be it further enaSed, That if any Perfon or Perfons find him or themfelves aggrieved by any th= Brwdth Order or Warrant made by any Juftice or Juftices of the Peace upon any Convidlioh before him or them atorefaid, in purfuance of this Ad, fuch Perfon or Perfons may appeal to the next General Quarter-Seflions of the ^^^J^^^l^l' Peace to be held for the County or Place whre fuch Conviftion (hall be made, giving fufficicnt Notice penaTty.'°" of fuch Appeal ; and if the Juftices of the Peace at fuch Seflions fhall think fit to confirm or difannul The party ag^ the faid Order or Warrant, they (hall allow fuch Cofts and Charges to the Party aggrieved thereby as greived may ap-«  they (hall think reafonable, to be levied and paid in fuch Manner as is ufual in other Cafes of Appeals P^^i to the Sef- from the Orders of any Juftices of the Peace to the Quarter-Seffions. f°^'; ConT^ IX. And be it further ena£l:ed by the Authority aforefaid. That if any Aftion or Suit flyall hereafter be commenced or profecuted againft any Perfon or Perfons by this Aft authorized to put the fame in Execu- '^^^ ^t^T^if^ tion, all and every Perfon and Perfons fo fued may plead the General Iffue, and give this Aft and the Spe- e*^„fifl-uj eial Matter in Evidence; and if the Plaintiir (hall become nonfuit, or forbear further profecution, or fuf- ' fer Difcontinuance, or a Verdift pafs againft him, or Judgment upon Demurrer, the Defendant or De- fendants (hall recover his and their Treble Cofts, for which he and they (hall have like Remedy as in and (Hall recover Cafes wherein Cofts by Law are given to Defendants ; and this Aft (hall be taken and allowed as a Pub- Treble Coftt. lick Aft in all Courts within this Kingdom ; and all Judges and Juftices are hereby required to take No- ^^^^ ^"• tice thereof as fuch, without fpecial pleading of the fame. Farther Fro-vi" ^ ., Jiorti- coucemiiTg Cloths, 10 Am. c. 16. I Gen, r. ft. z. <-. 15 (^ 41, 11 Geo, 1, c. 24. 7 Ga, z. c, 2^5. ll-Geo.z; f. 2S. and'n Ceo,-!.' {•. 3 ji- C A P. XIV. An Aft for the better Prefervation of Parochial Libraries in that Part of Great Eritaitt called England: • "^T 7 HE RE AS in many Places Fn the South Parts of Great Britain called Englani^ and Wales, the

  • W Provifion for the Clergy is fo mean, that the necelTary Expence of Books for the better Profecu-
  • tion of their Studies cannot be defrayed by them; and whereas of late Years, feveral charitable and well^

' difpofed Perfons have by charitable Contributions ereftred Libraries within feveral ParHhes and Diftrifts • in England and Wales ; but fome Provifion is wanting to preferve the fame, and fuch others as (hall be ^-^^^lu^j^L

  • " provided in the fame Manner, from Embezilment ;' Be it therefore enafted by the Queen's moft Ex- j},aii 5^ erecied,

cellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, it /hall be pre - in this prefent Parliament alTembled, and by the Authority of the fame,. That in every Parifh or Place fer^d for the y^here fuch a Library is or (hall be erefted, the fame (hall be preferved for fuch Ufe and Ufes, as the fame M'^'^ '" ^i)"*^ " is and (hall be given, and the Orders and Rules of the Founder or Founders of fuch Libraries (hall be ob- " ^'*'"' '^' fcrved and kept. Incumbents, &c. II. And for the Encouragement of fuch Founders and Eenefaftors, and to the Intent they may be fatis- the'i.lbra^./haUi £ed, that their pious and charitable Intent may not be fruftrated j Be it alfo enafted by the Authority give Security ts aforefaid, That every Incumbent, Reftor, Vicar, Minifter or Curate of a Parifh, before he (hall be per- pteferveit. mitted to ufe and enjoy fuch Library, (hall enter into fuch Security by Bond or otherwife, for Prefervati- ipn of fuch Library, and due Obfervance of the Rules and Orders belonging to the fame, as the proper Ordinaries within their refpeftive Jurifdiftions, in their Difcretion (hall think fit; and in cafe any Book if any Booje ©r Books belonging to the laid Library (hall be taken away and detained, it (hall and may be lawful for be taken away- the faid Incumbent, Reftor, Vicar, Minifter or Curate for the time being, or any other Perfon or Perfons, ^<^' ^^^ Incum-- to bring an Aftion of Trover and Converfion, in the Name of the proper Ordinaries within their refpeftive Tro'^^and^lhfui J.urifdiftions ; whereupon Treble Damages (liall be given with full Cofts of Suit, as if the fame were his recover'Trebie or their proper Book or Books, which Damages (hall be applied to the Ufe and Benefit of the faid Library. Damages, to th«^ III. And it is further enafted by the Authority aforefaid. That it (hall and may be lawful to and for U/e of the Li- the proper Ordinary, or his Commiirary or Official in his refpeftive Jurifdiftion, or the Archdeacon, or '"^^j-y. •by his Direftion his Official or Surrogate, if the faid Archdeacon be not the Incumbent of the Place The Ordinary, where fuch Library is, in his or their refpeftive Vifitation, to enquire into the State and Condition of the&c- "By iiKjuirc (aid Libraries, and to amend and redrefs the Grievances and Defefts of and concerning the (ame, as to '?°]l° ^'" 'f him or them fliall feem meet ; and it (hall and may be lawful to and for the proper Ordinary, from time ^^^^ thTbe" to time, as often as (hall be thought fit, to appoint fuch Perfon or Perfons, as he (hall think fit, to view fefts ; the State and Condition of fuch Libraries, and the faid Ordinaries, Archdeacons or Officials refpeftively, and appoint Per-- ihall have f««e Accefs to the fame at fuch Times as they (laall refpeftively appoint. ions to jnfpcct- IV. And be it alfo further enacted by the Authority aforefaid. That where any Library is appropriated *^' L'lwary. to the Ufe of the Minifter of any Parilh or Place, every Rector, Vicar, Minifter or Curate of the fame, incumbent, ice. ■within fix Months after his Inftitution, Induction or Admiffion, (hall make or caufe to be made a new to make a Cata- Catalogue of all Books remaining in, or belonging to fuch Library, and (liall fign the faid Catalogue, logueofthe thereby acknowledging the Cuftody and PoiTeffion of the faid Books j which faid Catalogue fo figned, j^°°H^'j'°j5^'^ Aaa s^ fliall ^'^^°^' *