Certificate. Fee. Penalty. Teaching, &c. without consent of occupiers. Penalty. Preachers in religious assemblies, certified under act, exempt from 1 W. & M. Oaths, &c. taken by such place of meeting shall be certified under this act shall give a certificate thereof to such person or persons as shall request or demand the same, for which there shall be no greater fee nor reward taken than two shillings and sixpence; and every person who shall knowingly permit or suffer any such congregation or assembly as aforesaid to meet in any place occupied by him, until the same shall have been so certified as aforesaid, shall forfeit for every time any such congregation or assembly shall meet contrary to the provisions of this act, a sum not exceeding twenty pounds, nor less than twenty shillings, at the discretion of the justices who shall convict for such offence. III. Provided always, and be it further enacted, that every person who shall teach or preach in any congregation or assembly as aforesaid, in any place, without the consent of the occupier thereof, shall forfeit for every such offence any sum not exceeding thirty pounds, nor less than forty shillings, at the discretion of the justices who shall convict for such offence. IV. And be it further enacted, that, from and after the passing of resorting to this act, every person who shall teach or preach at, or officiate in, or shall resort to any congregation or congregations, assembly or assemblies for religious worship of protestants, whose place of meeting shall be duly certified according to the provisions of this act, or any other act or acts of parliament relating to the certifying sess. 1, e. 18. and registering of places of religious worship, shall be exempt from all such pains and penalties under any act or acts of parliament relating to religious worship, as any person who shall have taken the oaths, and made the declaration prescribed by or mentioned in an act, made in the first year of the reign of king William and queen Mary, intituled an act for exempting their majesty's protestant subjects dissenting from the church of England, from the penalties of certain laws, or any act amending the said act, is by law exempt, as fully and effectually as if all such pains and penalties, and the several acts enforcing the same, were recited in this act, and such exemptions as aforesaid were severally and separately enacted in relation thereto. V. Provided always, and be it further enacted, that every person not having taken the oaths and subscribed the declaration hereinafter specified, who shall preach or teach at any place of religious worship certified in pursuance of the directions of this act, shall, when thereto required by any one justice of the peace, by any writing under his hand or signed by him, take and make and subscribe, in the presence of such justice of the peace, the oaths and declarations specified and 19 G. 3, c. 44. contained in an act, passed in the nineteenth year of the reign of his majesty king George the third, intituled an act for the further relief of protestant dissenting ministers and schoolmasters; and no such person who, upon being so required to take such oaths and make such declaration as aforesaid, shall refuse to attend the justice requiring the same, or to take and make and subscribe such oaths and declaration as aforesaid, shall be thereafter permitted or allowed to teach or preach in any such congregation or assembly for religious worship, until he shall have taken such oaths, and made such declaration as aforesaid, on pain of forfeiting, for every time he shall so teach or preach, any sum not exceeding ten pounds nor less than ten shillings, at the discretion of the justice convicting for such offence. preachers, &c. when required by magistrate. Penalty. VI. Provided always, and be it further enacted, that no person Not compelled to go shall be required by any justice of the peace to go to any greater more than distance than five miles from his own home, or from the place where five miles. he shall be residing at the time of such requisition, for the purpose of taking such oaths as aforesaid. quire justice to administer as, &c. of peace, &c. under act. VII. And be it further enacted, that it shall be lawful for any of who may rehis majesty's protestant subjects to appear before any one justice of the peace, and to produce to such justice of the peace a printed or written copy of the said oaths and declaration, and to require such justice to administer such oaths and to tender such declaration to be made, taken and subscribed by such person; and thereupon it shall be lawful for such justice, and he is hereby authorized and required to administer such oaths and to tender such declaration to the person requiring to take and make and subscribe the same; and such person shall take and make and subscribe such oaths and declaration in the presence of such justice accordingly; and such justice shall attest the same to be sworn before him, and shall transmit or deliver the same to the clerk of the peace for the county, riding, division, city, town or place for which he shall act as such justice of the peace, before or at the next general or quarter sessions of the peace for such county, riding, division, city, town or place. VIII. And be it further enacted, that every justice of the peace Justices to before whom any person shall make and take and subscribe such give certifioaths and declaration as aforesaid, shall forthwith give to the person having taken, made and subscribed such oaths and declaration, a certificate thereof under the hand of such justice, in the form following; that is to say, 4. B. one of his majesty's justices of the peace for the county, [riding, division, city or town, or place, as the case may be of do hereby certify, that C. D. of, &c. [describing the christian and surname, and place of abode of the party] did this day appear before me, and did make and take and subscribe the several oaths and declaration specified in an act, made in the fiftysecond year of the reign of king George the third, intituled [set forth the title of this act.] Witness my hand this day of cate of oath. one thousand eight hundred and And for the making and signing of which certificate, where the said oaths and declaration are taken and made on the requisition of the party taking and making the same, such justice shall be entitled to demand and have a fee of two shillings and sixpence, and no more: Fee. and such certificate shall be conclusive evidence that the party Certificate named therein has made and taken the oaths and subscribed the evidence. declaration in manner required by this act. and from IX. And be it further enacted, that every person who shall teach Teachers taking oaths, or preach in any such congregation or assembly, or congregations or &c. exempt assemblies as aforesaid, who shall employ himself solely in the duties from offices, of a teacher or preacher, and not follow or engage in any trade or militia. business, or other profession, occupation or employment, for his livelihood, except that of a schoolmaster, and who shall produce a certificate of some justice of the peace, of his having taken and made and subscribed the oaths and declaration aforesaid, shall be exempt from the civil services and offices specified in the said recited act Sess. 1, c. 18. passed in the first year of king William and queen Mary, and from being ballotted to serve and from serving in the militia or local militia of any county, town, parish or place in any part of the united kingdom. False certifi cate. Penalty. Doors of religious assemblies not bolted or barred. Penalty. Disturbing religious X. And be it further enacted, that every person who shall produce any false or untrue certificate or paper, as and for a true certificate of his having made and taken the oaths and subscribed the declarations by this act required for the purpose of claiming any exemption from civil or military duties as aforesaid, under the provisions of this or any other act or acts of parliament, shall forfeit for every such offence the sum of fifty pounds; which penalty may be recovered by and to the use of any person who will sue for the same by any action of debt, bill, plaint or information in any of his majesty's courts of record at Westminster, or the courts of great sessions in Wales, or the courts of the counties palatine of Chester, Lancaster, and Durham (as the case shall require); wherein no essoin, privilege, protection or wager of law, or more than one imparlance shall be allowed. XI. And be it further enacted, that no meeting, assembly or congregation of persons for religious worship, shall be had in any place with the door locked, bolted or barred, or otherwise fastened, so as to prevent any persons entering therein during the time of any such meeting, assembly or congregation; and the person teaching or preaching at such meeting, assembly or congregation, shall forfeit for every time any such meeting, assembly or congregation shall be held with the door locked, bolted, barred or otherwise fastened as aforesaid, any sum not exceeding twenty pounds, nor less than forty shillings, at the discretion of the justices convicting for such offence. XII. And be it further enacted, that if any person or persons, at assemblies. any time after the passing of this act, do and shall wilfully and maliciously or contemptuously disquiet or disturb any meeting, assembly or congregation of persons assembled for religious worship, permitted or authorized by this act, or any former act or acts of parliament, or shall in any way disturb, molest or misuse any preacher, teacher or person officiating at such meeting, assembly or congregation, or any person or persons there assembled, such person or persons so offending, upon proof thereof, before any justice of the peace by two or more credible witnesses, shall find two sureties to be bound by recognizances in the penal sum of fifty pounds to answer for such offence, and in default of such sureties shall be committed to prison, there to remain till the next general or quarter sessions; and upon conviction of the said offence at the said general or quarter sessions, shall suffer the pain and penalty of forty pounds. Recogni zance. Penalty. Proviso for ecclesiastical XIII. Provided always, and be it further enacted, that nothing jurisdiction in this act contained shall affect or be construed to affect the celeof the church bration of divine service according to the rites and ceremonies of the united church of England and Ireland, by ministers of the said church, in any place hitherto used for such purpose, or being now or hereafter duly consecrated or licensed by any archbishop or bishop or other person lawfully authorized to consecrate or license the same, or to affect the jurisdiction of the archbishops or bishops or other persons exercising lawful authority in the church of the united extend to kingdom over the said church, according to the rules and discipline of the same, and to the laws and statutes of the realm; but such jurisdiction shall remain and continue as if this act had not passed. XIV. Provided also, and be it further enacted, that nothing in Act not to this act contained shall extend or be construed to extend to the Quakers. people usually called Quakers, nor to any meetings or assemblies for religious worship held or convened by such persons; or in any manner to alter or repeal or affect any act, other than and except the acts passed in the reign of king Charles the second herein before repealed, relating to the people called Quakers, or relating to any assemblies or meetings for religious worship held by them. convicted be levied by dis tress. XV. And be it further enacted, that every person guilty of Offenders any offence, for which any pecuniary penalty or forfeiture is imposed by fore two or this act, in respect of which no special provision is made, shall and more justices may be convicted thereof by information upon the oath of any one or more credible witness or witnesses before any two or more justices of the peace acting in and for the county, riding, city or place wherein such offence shall be committed; and that all and every Forfeitures the pecuniary penalties or forfeitures which shall be incurred or become payable for any offence or offences against this act, shall and may be levied by distress under the hand and seal or hands and seals of two justices of the peace for the county, riding, city or place, in which any such offence or offences was or were committed, or where the forfeiture or forfeitures was or were incurred, and shall when levied be paid one moiety to the informer, and the other moiety to the poor of the parish in which the offence was committed; and in case of no sufficient distress whereby to levy the penalties, or any or either of them imposed by this act, it shall and may be lawful for any such justices respectively before whom the offender or offenders shall be convicted, to commit such offender Imprisonto prison for such time not exceeding three months, as the said ment. justices in their discretion shall think fit. conviction to sions. XVI. And be it further enacted, that in case any person or persons Appeal after who shall hereafter be convicted of any of the offences punishable general or by this act, shall conceive him, her or themselves to be aggrieved quarter sesby such conviction, then and in every such case it shall and may be lawful for such person or persons respectively, and he, she or they shall or may appeal to the general or quarter sessions of the peace holden next after such conviction in and for the county, riding, city or place, giving unto the justices before whom such conviction shall be made, notice in writing within eight days after any such conviction, of his, her or their intention to prefer such appeal; and the said justices in their said general or quarter sessions shall and may, and they are hereby authorized and empowered to proceed to the hearing and determination of the matter of such appeal, and to make such order therein, and to award such costs to be paid by and to either party, not exceeding forty shillings, as they in their discretion shall think fit. XVII. And be it further enacted, that no penalty or forfeiture Limitation of shall be recoverable under this act, unless the same shall be sued prosecution, for, or the offence in respect of which the same is imposed is prosecuted before the justices of the peace or quarter sessions, within Limitation of actions. General issue. six months after the offence shall have been committed; and no person who shall suffer any imprisonment for nonpayment of any penalty shall thereafter be liable to the payment of such penalty or forfeiture. XVIII. And be it further enacted, that if any action or suit shall be brought or commenced against any person or persons for any thing done in pursuance of this act, that every such action or suit shall be commenced within three months next after the fact committed, and not afterwards, and shall be laid and brought in the county wherein the cause or alleged cause of action shall have accrued, and not elsewhere; and the defendant or defendants in such action or suit may plead the general issue, and give this act and the special matter in evidence on any trial to be had thereupon, and that the same was done in pursuance and by authority of this act; and if it shall appear so to be done, or if any such action or suit shall be brought after the time so limited for bringing the same, or shall be brought in any other county, city or place, that then and in such case the jury shall find for such defendant or defendants; and upon such verdict, or if the plaintiff or plaintiffs shall become nonsuited, or discontinue his, her or their action or actions, or if a verdict shall pass against the plaintiff or plaintiffs, or if, upon demurrer, judgment shall be given against the plaintiff or plaintiffs, Treble costs. the defendant or defendants shall have and may recover treble costs, and have the like remedy for the same, as any defendant or defendants hath or have for costs of suit in other cases by law. Public act. XIX. And be it further enacted, that this act shall be deemed and taken to be a public act, and shall be judicially taken notice of as such by all judges, justices and others, without specially pleading the same. 7 & 8 VICTORIA, CAP. 45.—An act for the regulation of suits relating to meeting houses and other property held for religious purposes by persons dissenting from the united church of England and Ireland.Whereas an act was passed in the first session of the first year of sess. 1, c. 18. the reign of king William and queen Mary, intituled an act for 1 W. & M. 6 G. 1, (1.) exempting their majesties' protestant subjects dissenting from the church of England from the penalties of certain laws: and whereas an act 19 G. 3, c. 44. was passed in the nineteenth year of the reign of king George the third, intituled an act for the further relief of protestant dissenting ministers and schoolmasters: and whereas an act was passed in the 53 G. 3, c. 160. fifty-third year of the reign of king George the third, intituled an act to relieve persons who impugn the doctrine of the holy Trinity from certain penalties: and whereas an act was passed by the parliament of Ireland in the sixth year of the reign of his majesty king George the first, intituled an act for exempting the protestant dissenters of this kingdom from certain penalties to which they are now subject: and 57 G. 3, c. 70. whereas an act was passed in the fifty-seventh year of the reign of king George the third, intituled an act to relieve persons impugning the doctrine of the holy Trinity from certain penalties in Ireland: and whereas prior to the passing of the said recited acts respectively, as well as subsequently thereto, certain meeting houses for the worship of God, and Sunday or day schools (not being grammar schools), and other charitable foundations, were founded or used in England |