South Carolina - Acts on Education Topics

An Additional Act to the Several Acts Relating to the Establishment of Religious Worship in this Province, and Now in Force in the Same, and Also to the Act for Securing the Provincial Library in Charlestown in Carolina.

June 7, 1712

The Statutes at Large of South Carolina - Volume II, Pages 366-376

WHEREAS, by an Act of Assembly of this Province, duly ratified in open Assembly, the thirtieth day of November, in the year of our Lord one thousand seven hundred and six, entituled an Act for the Establishment of Religious Worship in this Province, according to the Church of England, and for the erecting of Churches for the Publick Worship of God, and also for the Maintenance of Ministers, and for the building convenient Houses for them; amongst other things it was enacted, "that the commissioners appointed by the said Act, to exercise all the authorities and powers given them, as commissioners, by the said Act, in the several parts thereof, who shall meet upon publick summons, as directed by the said Act, shall not be less than eleven;" and whereas, by reason of the said commissioners being dispersed in the several parts of this Province, it is often very difficult to procure the said number of eleven to meet, whereby the publick business of the said Act is oftentimes obstructed and delayed;

I. Be it therefore enacted by his Excellency William Lord Craven, Palatine, and the rest of the true and absolute Lords and Proprietors of this Province, by and with the advice and consent of the rest of the members of the General Assembly, now met at Charlestown for the south-west part of this Province, and by the authority of the same, That the commissioners of the said Act, being appointed to meet upon the two usual days in the year hereafter appointed by this Act, or at any other time, being publickly summoned, as directed by the above recited Act, if the number of eleven persons of the said commissioners so meet, and the majority consent, they may put in force and execution any of the powers granted to the commissioners by the said Act, or by this Act, or by any other additional Act to the said Act for the establishment of religious Worship, &c. and now in force in this Province; and that any number of the said commissioners so appointed to meet, provided they are not less than five, shall have power to adjourn; any thing in the above recited Act, or in any other Act, to the contrary thereof in any wise notwithstanding.

II. And whereas, by the above recited Act, it is enacted, "that it shall and may be lawful for the commissioners of the said Act, to meet and transact the business of the said Act, twice in the year, that is to say, on the second Tuesday in January, and on the second Tuesday in July, at the Church in Charlestown, without any notice or warning to be given thereof;" and it being more convenient, that the usual publick meetings of the said commissioners should be at such time as there is other publick business of the Province to be transacted, which drawing together several persons upon other occasions to Charlestown, there will usually be present there a sufficient number to meet as commissioners, to transact the business of the said Act; Be it therefore further enacted by the authority aforesaid, That the two constant times in the year for the meeting of the said commissioners, without notice or warning to be given thereof, instead of the second Tuesday in January and July, shall be the third Wednesday in March, and the third Wednesday in October, that being the time of the publick General Sessions to be holden for this Province; the meeting of the said commissioners to be at the evening of the said day.

III. And whereas, by the above recited Act it is ordained and appointed, that the several rectors or ministers of the several parishes shall be chosen by the majority of the inhabitants, of the Church of England, and are otherways qualified as directed by the said Act; but in case any differences or disputes shall arise, concerning the validity of the said election, and also concerning the qualifications and rights of the said electors to vote, there is no provision made in the said Act for the determination of the same; Be it therefore further enacted, by the authority aforesaid, That the commissioners appointed according to the direction of the said Act, or the major part of so many of them as shall meet according to the directions of this Act, shall have full power and authority to hear and finally to determine all manner of differences and disputes that shall arise concerning the validity of any election of the ministers of the several parishes, and concerning the qualifications and rights of the electors, or any other matters relating to such elections; and upon any order given out by the commissioneis, for the meeting of the parishioners, for the choosing any rector or minister of any of the several parishes, the electors shall make a return of such order and the election made, pursuant to the same, within two months at farthest after such election made, annexed to the said order, that so in case any dispute shall arise concerning such election, the same may come before the said commissioners, and be finally determined by them; and in case such return shall be omitted to be made, it may be lawful for the said commissioners to declare such election void, and to issue out their new orders for another election, when they shall be thereunto legally required, or shall think the same convenient to be done.

IV. And be it further enacted by the authority aforesaid, That in case of the death or other vacancy of a rector or minister of any of the several parishes, that it shall be lawful for the said commissioners to give order to any person or persons they shall think fitting to take the charge and care of the church and church-yard, and the parsonage house and glebe land, and to keep the keys, books, plate and other utensils belonging to the same, or otherwise to order the same as to them shall seem fit and convenient. And in case any person or persons shall intrude into any of the parsonage houses, or shall pretend to take possession thereof or dwell therein, in the time of such vacancy, without leave from the said commissioners, upon complaint made by any three of the said commissioners thereof to the Governour and Council of this Province, it shall be lawful for them to direct their warrant to the Provost Marshall of this Province, or to any of the constables thereof, or to all or any of them, to enter into the said house and to remove such persons from the same, and also to bring such person or persons before them, and upon examination of the said persons, if they shall think fitting, commit such person or persons to prison till he or they shall give sufficient security for the future that they will not presume to intrude into, or dwell, or take possession of the said parsonage house or any houses or dwellings belonging to the same, and that they shall give up and deliver the keys thereof, or any books, plate or utensils belonging to the same, in case they have had them in their custody or possession, to such person or persons as the said commissioners shall order to receive the same. And till such time as such orders as aforesaid shall be given by the said commissioners, that the church wardens of the several parishes, or if no church wardens, the vestry of the said parishes, in case of a vacancy of a minister shall take such charge and care of the church, church-yard and parsonage house, and glebe land, and shall keep all the keys, books, plate and other utensils belonging to the same.

V. And for the encouragement of ministers to come over to this Province to supply the several parishes thereof, Be it further enacted by the authority aforesaid, That upon the arrival of any minister in this Province, recommended to supply any of the several parishes thereof, by the Right Honourable and Right Reverend Father in God, Henry, Lord Bishop of London, or his lawful successors, or by the Honourable Society founded by the royal charter in the Kingdom of England, by the name of the Society for the Propagation of the Gospel in Foreign Parts, that such minister being chosen the rector or minister of any parish in this Province, that the time for the payment of his salary shall commence from the day of his arrival in this Province. And as a further encouragement of such minister, and that he may have some monies for his present use, that the said minister laying his testimonials and recommendations before the said commissioners, and being approved of by them as a fit person to be a minister in this Province, it shall be lawful for them, the said commissioners, to order the publick Receiver to pay unto such minister the sume of twenty-five pounds, current money of this Province; and the said publick Receiver is hereby required and commanded to pay the same accordingly, such parson at the same time entering into bond to the publick Receiver for the time being, and his lawful successors, in the penal sum of fifty pounds, conditioned, that in case the said parson shall refuse to officiate as a minister in any of the parishes of this Province, if he be legally elected or otherwise legally appointed to officiate therein, or having undertaken so to officiate, shall wilfully leave the same in less than two years, excepting in exchange for any other parish in this Province, or shall depart this Province at any time within two years after the receipt of such money as aforesaid, then to repay the said sume of twenty-five pounds to the said publick Receiver, or to his lawful successors, for the use of the publick Treasury of this Province.

VI. And whereas, by the said Act for the establishment of religious worship, &c., it is further enacted, that the vestry men, and also the church wardens of the several parishes, shall be chosen yearly, on Easter Munday. And, whereas, it may often fall out by reason of bad weather, or for several other causes and unforeseen accidents, the parishioners may not then meet according to the direction of the said Act, for the making such choice of vestry men and church wardens, according to the directions of the said Act; Be it therefore further enacted, by the authority aforesaid, That if by any means whatsoever, the parishioners of all or any of the several parishes of this Province shall omit to meet yearly on Easter Munday to make choice of vestry men and church wardens for the year ensuing, that then and in such case it shall be lawful for the said parishioners to meet at any other time in the year to make choice of vestry men and church wardens, or either of them, publick notice being given two several Sundays before such election. And in case there shall be living a sufficient number of the vestry men chosen the year before, as also of church wardens, the said old vestry men and church wardens shall continue in their respective offices and act in the same till such new election is legally made as aforesaid.

VII. And be it further enacted by the authority aforesaid, That in case of the death, removal out of the parish, or other legal discharge of any of the church wardens chosen as aforesaid, that the vestry of such parish may have power to appoint a fit person, qualified according to the direction of the said Act, to be church warden, and to officiate in the said office of church warden during the remaining part of the time that the said church wardens so dead or otherwise discharged, should have officiated in the same.

VIII. Whereas, by one other Act of Assembly of this Province, duly ratified in open Assembly the eighth day of April, in the year of our Lord, one thousand seven hundred and ten, entituled a further additional Act to an Act for the Establishment of Religious Worship in this Province, according to the Church of England, and for the erecting of Churches for the Publick Worship of God, and also for the maintenance of Ministers and the building convenient houses for them, amongst other things it is enacted, that after the houses and out-houses of each glebe or parsonage in the several parishes being put in good order and well repaired, the several respective ministers of each of the several parishes shall keep their Houses and out-houses in good order and well repaired during their abode in the parish. Now for the better execution of that part of the said Act, according to the true intent and meaning thereof, and also for the supplying of any defects that may be in the same, and that the several dwelling houses and out-houses on the said several glebes may always be kept in good repair. Be it further enacted by the authority aforesaid. That it shall and may be lawful for the church wardens and the vestrys of the several parishes, or either of them, at any time, with the assistance of workmen or other skilful persons, to view the several buildings on the several glebes, and in case they find them out of repair, to require the rector or minister to have the same repaired at such convenient time as to them shall seem reasonable; and in case the said rector or minister shall refuse to have the same repaired, that upon complaint made to the said commissioners of the above recited Act for the Establishment of Religious Worship, &c., if they think the same necessary, they may order the said repairs to be made; and to defray the charges of the same, may give their order to the publick Receiver to stop so much as the charges of the repairs shall amount unto, out of the next payment of such minister's salary that shall be due. And in case of the removal of any rector or minister from any the parishes of this Province, it shall be lawful for the church wardens or the vestry of such pairsh, or both of them, to view the dwelling house and other the buildings on the glebe, and in case they are out of repair, shall order the said rector or minister to repaire the same at such time as they shall think convenientor in case they fear the said rector or minister may leave this Province before such repairs can be made, that then the said church wardens or vestry may order an estimate of the same to be made, and the said rector or minister shall be obliged to pay such sum as the same is estimated, or secure the same to be paid in two months, or in case of failure thereof, the same may be recovered by action of debt, or on the case, brought by the church wardens in any Court of Record in this Province; or in case there is no church wardens, or they shall refuse to bring such action, that the same may be sued for and recovered by information brought by the Attorney General of this Province, in the name of the Palatine and Lords Proprietors; and the money so recovered to be laid out upon the repairs of the dwelling house or other the buildings on the several glebes. And in case of the death of any the said rectors or ministers, the like remedy to be had against his executors and administrators for such decay of buildings or delapidations.

IX. But because by reason of the great distance of this Province from England, it may often happen that the parishes of this Province may be a long time vacant, by means of which the parsonage house and other the buildings on the several glebes may fall to decay, and it would be a great hardship on the rectors or ministers in case they should be obliged to repair the buildings which fell to decay during the vacancy, and not through their fault or neglect; Therefore, for the better preventing the several buildings on the several glebes from falling to decay during the vacancy of any parish of a minister, and in case they should fall to decay, to repair them again without any hardship to be put upon the rector or minister that shall be chosen into such parish, Be it further enacted by the authority aforesaid. That in case of the vacancy of any parish of a minister, during such vacancy it shall be lawful for the said commissioners, or till they shall give orders for the church waidens of such parish, or the vestry, or both, to permit any person they shall think fitting to dwell in the parsonage house on such glebe, during such vacancy, on condition that they keep all the buildings on the said glebe in repair; and in case they cannot procuie any person to dwell in such parsonage house upon those terms, that then it shall be lawful for the said church wardens or vestry, at any time, to View the said parsonage house and buildngs, and to order the same to be repaired, and the account of the charges of such repairs being approved of by the vestry, it shall be lawful for the said vestry to draw an order on the publick Receiver for the payment of the same, and such order drawn by the vestrys of any of the several parishes of this Province, upon the publick Receiver, and approved of by the commissioners appointed by the above recited Act for the Establishment of Religious Worship, &c., or the major part of them, that shall meet as before directed by this Act, the publick Receiver is hereby authorized, required and commanded to pay the same; and in case there shall be no church wardens or vestry in that parish which shall be so vacant of a rector or minister, or in case of their neglect, it shall be lawful for the said commissioners of the church Act to order any person or persons in the said parish to take care of all the several buildings on the glebe, which person or persons so ordered by the said commissioners shall have all the authorities before by this Act given to the church wardens or vestry; and the account of the charges of such repairs, made by such person or persons so authorized by the said commissioners, being approved «f by them, it shall be lawful for the said commissioners to give order to the publick receiver for the payment of the same, and the said publick Receiver is hereby authorized, required and commanded to pay the same accordingly.

X. And notwithstanding the provision and care taken by this Act, to prevent the several parsonage houses and other the buildings standing on the several glebes from falling into decay during the vacancy of a rector or minister as aforesaid, yet it may through negligence and other ways often happen that the same may fall to decay, which would be too great a burthen to a new rector or minister elected, if required to repair the same; therefore. Be it further enacted by the authority aforesaid, That upon the election of any new rector or minister to any of the parishes of this Province, it shall be lawful for the several church wardens of the several parishes, at any time within two months after such election, upon the request of such rector or minister of the parish, with assistance of such workmen or other skilful persons as they shall think fitting to take with them, to view the dwelling house and other the buildings standing on the glebe land belonging to such rector or minister, and see what is wanting and necessary to be done for the repairs of the same, and shall make as near an estimate as they can of the charges thereof, and shall lay the same before the vestry of the said parish, and being approved of by thern, shall cause the same to be repaired accordingly, and the charges tliereof being given unto the said vestry, and approved by them, it shall be lawful for the said vestry to draw an order upon the publick Receiver of this Province, for the payment of the same, and such order so drawn by the vestry and approved of by the commissioners appointed by the above recited Act for the Establishment of Religious Worship, &c., or the major part of them, that shall meet as before directed by this Act, the publick Receiver is hereby authorized, required and commanded to pay the same; and after such repairs made, then the rector or minister to keep the same in repair, as before directed by this Act.

XI. And whereas, by the above recited Act for the Establishment of Religious Worship, &c., commonly called the Church Act, it is enacted that the commissioners of the said Act shall have power to nominate and appoint one or more persons, inhabitants of the said parish where the said church is to be built, to be supervisors for the building of the said church, and inclosing the said cemetry or chuich-yard, and the buildings that are to be upon the glebe, and in order to defray the charges thereof, that the said commissioners shall have power to draw out of the publick treasury of this Province, which the publick Receiver thereof is required to pay unto such supervisors, the full and just sum of three hundred thirty-three pounds six shillings and eight pence, current money of this Province. And whereas, several persons that have been appointed by the said commissioners supervisors for the several parishes, pursuant to the powers of the above recited Act, have neglected to account before the said commissioners for the said sum so by them received, although often ordered thereunto by the said commissioners; for the remedy of which, Be it further enacted by the authority aforesaid, That it shall and may be lawful for the said commissioners of the Church Act, or the major part of them that shall meet as before directed by this Act, to issue out their summons, directed to all or any of the said supervisors, strictly charging and requiring them to be and appear before them at such time and place as shall be mentioned in the said summons, then and there to lay their accounts before the said commissioners, and they to appoint one or more persons to audit the same; and in case any person so summoned shall refuse or neglect to appear and lay his accounts before the said commissioners, excepting he shall make such reasonable excuse as shall be approved of by the said commissioners, every person so offending shall for the first offence forfeit the sum of five pounds, current money of this Province, the same to be levied upon him by warrant signed by the Governour of this Province, or the Chief Justice thereof, or any three of the said commissioners, who are hereby authorized to grant such warrant, directed to the Provost Marshall, or to all or any of the several constables of this Province, requiring them to levy the same by distress and sale of-the goods and chattels of such defaulter, returning the overplus, after deducting such fees as shall be thought reasonable for levying the same by the person or persons that grant the warrant, or by attaching the person of such defaulter or offender, and keeping him in safe custody until he shall pay the forfeiture, together with such fees for the executing the said precept, as shall be thought reasonable as aforesaid, and for the second offence to forfeit double, and so for every offence the forfeiture to be increased five pounds, to be recovered as before directed; and in case the provost marshall or constable or constables to whom such warrant shall be directed, shall refuse to execute the same, he or they so neglecting his or their duty, shall forfeit double the sum mentioned in the said warrant to be levied, the same to be recovered by action of debt, or by information, in any Court of Record in this Province, all or any the said forfeitures to be disposed of to such charitable uses as the said commissioners shall think fitting.

XII. Whereas, by the above mentioned Act for the establishment of Religious Worship, &c., amongst other things it is enacted that the rector or minister of the parish of St. Dennis's, for the French Settlement in Orange Quarter, shall be allowed but fifty pounds per annum, which shall be paid to him and his successors forever; and the said sum of fifty pounds per annum not being sufficient to maintain the said rector or minister, Be it therefore enacted by the authority aforesaid, That from and after the ratification of this Act, the present rector or minister of the said parish of St. Dennis's, for the French Settlement in Orange Quarter, shall be allowed (as the other rectors or ministers are) the sum of one hundred pounds per annum, to be paid half yearly to him and his successors forever.

XIII. Whereas, several persons are settled to the Southward of Colleton County, on Port Royal Island, St. Helena's Island, and on several adjacent Islands, which together are commonly called by the name of Granville County, which persons are not only out of the bounds, but are also so far distant from either of the parishes in Colleton County, that they can receive no benefit by any of those churches, and several of the said inhabitants being desirous to have divine worship established amongst them, according to the Church of England, are willing to contribute towards the building a church, and afterwards for the building a rector's or minister's house, without any charge to the publick, provided that the said Granville County may be erected into a parish, and the rector or minister of the said parish may have the same salary paid him out of the publick treasury, as is given to other rectors or ministers of the other country parishes belonging to this Province; therefore, for the gratifying so reasonable a request and desire of the said inhabitants, and for the promoting the knowledge of the christian religion, as professed in the Church of England, and the worship of God in all parts of this Province, that so no persons, inhabitants thereof, may be destitute of enjoying the ordinances of God, appointed for their salvation, Be it further enacted by the authority aforesaid, That the said Granville County shall be, and is hereby declared to be, from henceforth forever, a distinct parish by itself, and it shall be called by the name of St. Helena's, and the said parish shall be and is hereby bounded to the North East by Combehee River and St. Helena Sound, to the North West by a line drawn fiom the head of Combehee River to the Savano River, and to the South East on the Ocean.

XIV. And be it further enacted by the authority aforesaid, That the church and parsonage house for the said parish shall be built on Port Royal Island, on such part thereof as the major part of the said commissioners of the said Church Act, who shall meet according to the direction of this Act, shall agree upon, by and with the advice and consent of the major part of the inhabitants of the said precinct or parish, who are of the profession of the Church of England.

XV. And be it further enacted by the authority aforesaid, That the rector or minister of the said parish of St. Helena's shall be elected and chosen as the other rectors or ministers of the several other parishes, by the said Act for the Establishment of Religious Worship, &c., are ordered to be chosen, and shall have yearly paid to him and his lawful successors forever, the sum of one hundred pounds, to be paid him in the same manner as the other rectors or ministers of the several parishes are to be paid, and the publick Receiver for the time being is hereby authorized and required to pay the same, under the same penalties and forfeitures as for not paying the salary due to the other rectors or ministers of the several parishes of this Province; and the said rector or minister of the said parish of St. Helena's, shall have and enjoy all such privileges and advantages, and shall also be under all such rules and laws as the other rectors or ministers of the other parishes are under.

XVI. Whereas, in the above mentioned Act for the Establishment of Religious Worship, &c., it is enacted, that the clerk of each parish shall be allowed a salary yearly, not exceeding ten pounds, and the sexton not exceeding five pounds, But the clerk and sexton of the parish of St. Philip's, Charlestown, being at more trouble than the parish clerks in the country, in giving attendance and ringing the bells, not only on holydays, but also on every Wednesday and Friday constantly, and being at greater charge in living in the town. Be it therefore enacted by the authority aforesaid, That the clerk of the parish of St. Philip's, Charlestown, from and after the ratincation of this Act, shall be allowed yearly any sum not exceeding twenty pounds, and the sexton, not exceeding ten pounds.

XVII. And whereas, by the said Act entituled a further additional Act to an Act entituled an Act for the Establishment of Religious Worship, &c., amongst other things it is enacted and declared, that the parish charges shall not exceed forty pounds, current money, each year, into which parish charges by the said Act is reckoned the salaries due to the clerk and sexton, and there being by this Act an addition of fifteen pounds to the salary of the clerk and sexton of the parish of St. Philip's, Charlestown, it will be necessary to add the said fifteen pounds to the said forty pounds; Be it therefore enacted by the authority aforesaid, That from and after the ratification of this Act it shall be lawful for the vestry of the said parish of St. Philip's, Charlestown, to draw yearly upon the publick Receiver, according to the directions of the said Act, for their parish charges, not exceeding fifty five pounds, and the publick Receiver is hereby required and commanded to pay the same accordingly, in the same manner as is directed by the said Act for the payment of the forty pounds yearly for the said parochial charges.

XVIII. And whereas, by the said Act it is provided, that no vestry of any one parish draw upon the publick Receiver for the parochial charges above once in the year; the true intent and meaning of which was, that they should not draw more in one year than the forty pounds; but as the said Act is worded, it hath been doubted whether the vestry can draw more than once in the year, although the several drawings exceed not in the whole, for one year, above forty pounds, which would be very inconvenient, not to allow the several vestries to draw as they have occasion for the said charges; Be it therefore enacted by the authority aforesaid, That from and after the ratification of this Act it shall be lawful for the said several vestries of each of the parishes to draw as often as they shall think fitting in the year, upon the publick Receiver, according to the directions of the said Act, for their several parish charges, provided the several sums in the whole year, to be computed from Easter to Easter, exceed not in the whole, for the parish of St. Philip's, Charlestown, the sum of fifty five pounds, and for the other parishes, the sum of forty pounds each, any thing in the above recited Act to the contrary thereof in any wise nothwithstanding.

XIX. And whereas, by the said Act it is provided, that the vestry men of each parish shall not exceed to draw on the publick Receiver above the sum of forty pounds in one year, which is solely appropriated to the use of the church; Be it enacted by the authority aforesaid, That if any of the said sum of lorty pounds remains unpaid in the publick treasury in one year, that from and after the ratification of this Act it may be lawful for the vestry to draw and apply what remains of the forty pounds to the relief of the poor of the said parish, and the publick Receiver is hereby required to pay the same, any thing in this Act or any other to the contrary in any wise notwithstanding.

XX. Whereas, by one Act of Assembly of this Province, duely ratified in open Assembly the first day of March, 1710-11, entituled an Act for the Erecting of a new Brick Church at Charlestown, to be the Parish Church of St. Philip's, Charlestown, amongst other things it is enacted, that in case of the death of the commissioners, or any of them, the vestry for the time being shall have power to nominate another in the stead and place of the commissioner or commissioners so deceased, but no provision made to supply the absence of any commissioner gone off from this Province, or to add to the number of the said commissioners, if it shall be thought necessary; Be it therefore enacted by the authority aforesaid, That it shall be lawful for the said vestry, and they are hereby impowered, not only to nominate another commissioner or commissioners, in the stead of any commissioner gone off from this Province, but also to add to the number of the said commissioners, by nominating one or more persons to be commissioner or commissioners, when and as often as the said vestry shall think fitting; and such new commissioner or commissioners, so nominated by the said vestry, shall have all the powers given to the other commissioners in the said Act, and as if they were by name inserted in the same.

XXI. Whereas, by one Act of Assembly of this Province, duly ratified in open Assembly the sixteenth day of November, in the year of our Lord one thousand seven hundred, entituled an Act for securing the Provincial Library at Charlestown in Carolina, amongst other things, it was enacted, that James Moore, Esq., then Governour, Joseph Morton, Nicholas Trott, Ralph Izard, Esqs., Captain Job Howes, Captain Thomas Smith, Mr. Robert Stevens, Mr. Joseph Croskeys, and Mr. Robert Fenwick, or any five of them, be the commissioners and trustees for the due inspection and preservation of the library; and whereas five of the said persons, viz. the said James Moore, Joseph Morton, Ralph Izard, Job Howes, and Joseph Croskeys, are since deceased, whereby there is not a sufficient number of persons now remaining in this Province to put in force the several powers granted to the said commissioners by the said Act; Be it therefore enacted by the authority aforesaid, That the Honourable Charles Craven, Esq., Governour, Arthur Middleton, Esq., Charles Hart, Esq., Colonel George Logan, and Colonel Hugh Grange, be and are hereby nominated commissioners of the said Act, and added to the remaining commissioners, to make up the number of nine; and they, the said commissioners, or the major part of them that shall meet pursuant to the direction of this Act, provided they are not less than five, shall have and execute all and singular the powers given the commissioners by the said Act.

XXII. And whereas, it is ordered and directed by the said Act, for securing the Library, that in case by death or absence there shall not be five of the commissioners in the Province, the Governour for the time being shall nominate so many as will make up the number of five, who are to continue till the next meeting of the General Assembly, who shall then choose so many as shall make up the number of nine; Be it enacted by the authority aforesaid, That in case of the death or absence of any ofthe said commissioners, for the future, the remaining part of the said commissioners, or any five of them that shall meet, may by plurality of votes make choice of so many persons to supply the place or places of him or them so dead or gone off from this Province, as will make up the number nine; which persons, so chosen, shall be and are hereby declared to be commissioners for the said Act, as fully and amply as if they had by name been mentioned in the said Act, any thing in the said Act to the contrary thereof in any wise notwithstanding.

XXIII. And whereas, by the said Act the commissioners for the library are impowered once every year, on the fifth day of November, to visit the provincial library and to examine the books by the catallogue; Be it enacted by the authority aforesaid, That instead of the said fifth of November. the said commissioners shall meet yearly on the third Wednesday in March and the third Wednesday in October, at the same place the church commissioners are appointed to meet, and from thence may adjourn themselves to what day they think fitting, and visit the said provincial library at the parsonage house belonging to St. Philip's, Charlestown, according to the directions of the said Act. And at any other time the said commissioners shall think fitting, they may visit the said library, and shall have free access to the same, to see that the books are kept in order and not damnified or imbeziled.

XXIV. And whereas, by the said Act it is enacted, that the incumbent of St. Philip's, Charlestown, in lending any persons any books out of the said provincial library, shall oblige such persons to return them again ten days before the said fifth day of November; Be it enacted by the authority aforesaid, That from and after the ratification of this Act, all persons that shall borrow any books out of the provincial library, shall be obliged to return them ten days before the said third Wednesdays in March and in October, upon the same penalties as is prescribed by the said Act for not returning the books ten days before the said fifth of November, and the said penalties to be recovered as is directed by the said Act.

XXV. And whereas, by the said Act all the inhabitants of this Province, without any exception, may have liberty to borrow any book out of the provincial library, giving a receipt for the same, which unrestrained liberty hath already proved very prejudicial to the said library, several of the books being lost and others damnified, and therefore, for the preservation of the said library, it will be necessary to lodge a discretional power in the person that keeps the same, to deny any person the loan of any book that he shall think will not take care of the same; Be it therefore enacted by the authority aforesaid, That in case any person shall desire to borrow any book out of the said provincial library, which the keeper of the said library hath just reason to think will not take care of the said book and return the same in time, that in such case the said library keeper may refuse such person the loan of any book; any thing in the said Act for securing the library to the contrary hereof in anywise notwithstanding.

XXVI. And whereas, there are several parochial libraries belonging to the rectors or ministers of the several parishes in this Province, given for the use of them and their lawful successors by the honourable Society for the Propagation of the Gospel in foreign parts, and by the Hon. Francis Nicholson, Esq. and other charitable persons; for the better preservation of the said libraries, Be it enacted by the authority aforesaid, That the commissioners for the provincial library shall have power to authorize and impower anyone or more persons, as to them shall seem convenient, to make catalogues of the books belonging to each of the said parochial libraries, and to dispose of the said catalogues as before directed by the said Library Act, and also to impower any of the said persons to visit the said libraries and to compare the books with the catalogues and see that they are in good order, and further to exercise all the powers and authorities given by the said Library Act to the commissioners of the provincial library.

XXVII. And whereas, the commissioners of the Church Act and the said Library commissioners are by the said Acts and by this Act to meet twice in ihe year and at other times upon publick summons, but there is no penalty laid upon the defaulters, whereby it often happens that a sufficient number doth not meet to transact the business; Be it therefore enacted by the authority aforesaid. That every one of the said commissioners who shall not meet upon the usual days appointed for their meeting, and at other times upon publick and legal summons, shall forfeit the sum of twenty shillings, except they can make such reasonable excuse, within twenty days after such default, as shall be approved of by the major part at the next meeting of the said commissioners; the said forfeitures to be levied and disposed of as is before directed for the other forfeitures mentioned in this Act.

Read three times, and ratified, in open Assembly, this seventh day of June, Anno Dom. 1712.

CHARLES CRAVEN,
CHARLES HART,
AR. MIDDLETON,
THO. BROTJGHTON,
RICH. BERESFORD,
SAM. EVE LEIGH.



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