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will not be reconciled and repent at the said quarter sessions, that Godbolt 246, then the said person or persons immediately in time convenient shall pl. 343. be further awarded and committed to the said gaol by the said justices, or by the more part of them, there to remain without bail or mainprise, until he or they so committed and awarded to gaol as is aforesaid, shall be reconciled, and be penitent for his or their said offence or offences.
VII. And be it further enacted by the authority aforesaid, that the penalty if any person or persons at any time or times after the said twen
an offender, tieth day of December, of their own authority and power, willingly or disturbing and unlawfully do rescue any offender or offenders so apprehended, taken or arrested as is aforesaid, or will disturb, hinder or let the said offender or offenders, so offending as is aforesaid, to be apprehended, taken or arrested, that then every one of the said rescuers or disturbers shall suffer like imprisonment as is aforesaid, and further shall pay, forfeit and lose for a fine, for every of his or their said offences, five pounds to the queen's majesty, her heirs and successors.
VIII. And be it further enacted by the authority aforesaid, that if The penalty any of the offenders aforesaid be not taken, apprehended or arrested be not taken, immediately in time convenient, as is aforesaid, but do escape or go but doth away, that then the said escape shall be lawfully presented before the justices of the peace in the said shire, city, borough, liberty or town corporate, at the next quarter sessions to be holden where the said
escape was made and suffered, and that then the inhabitants of the parish where the said escape was so suffered, shall forfeit and lose to the queen's majesty, her heirs and successors, for every such escape five pounds, to be levied and taken as other like amerciaments and fines before this time hath been levied and taken upon any village, hundred or town, for the escape of any murderer or other felon, for not making pursuit upon Hue-and-Cry, according to the statute 13 Ed. 1, st.2, of Winchester, and the statute made and provided in the third year 3 H. 7, c. 1. of the worthy king Henry the seventh.
IX. And be it further enacted by the authority aforesaid, that all What and singular justices of peace, justices of assize, justices of oyer and shall have determiner, and all and singular mayors, bailiffs and justices of peace authority to within any city, borough or town corporate in any parts within this and punish realm, within the limits of their commission or commissions, shall the offenders have full power and authority by virtue of this act, after the said twentieth day of December, to inquire of all and singular the offences and misdemeanors aforesaid, and to hear and determine the same, and to set the fines and amerciaments of the said offender or offenders as is aforesaid.
X. Provided always, and be it further enacted by the authority The jurisdicaforesaid, that this act, or any thing therein contained, shall not in ţion of the anywise extend to abrogate and take
away the authority, jurisdiction, astical saved. power and punishments of the ecclesiastical laws, now standing and remaining in their force, of or for the punishment of any the offences and misdemeanors aforesaid, but that the authority, power, jurisdictions and punishments of the said ecclesiastical laws of and for any of the offences and misdemeanors aforesaid shall stand in full power and strength, and to be used and exercised in all and every thing,
There shall be but one
as though this act had never been had and made; this present act, or any thing therein contained to the contrary thereof in anywise notwithstanding.
XI. Provided always, and be it enacted, that whatsoever person puuishment offending in the premises, shall for any of the offences afore recited
receive punishment of the ordinary, having a testimonial thereof under the said ordinary's seal, shall not for the same offence eftsoons be convicted before the justice: and in likewise receiving for the said
offences punishment by the justice, he shall not for the same offence Further eftsoons receive punishment of the ordinary; any thing in this act provisions relating
for one offence.
to the contrary notwithstanding. hereto, see 1 El. c. 1 & 2. 13 El. c. 12. 23 El. c. 1. 13 & 14 Car. 2, c. 4. 15 Car. 2, c. 6. IW. & M. stat. 1, c. 18. 5 Anne, c. 5, and 23 G. 2, c. 28.
FOR REFERENCE, IF NECESSARY,
DIVISION OF PARISHES, SCOTLAND.
7 & 8 VICTORIA, CAP. 44.-An act to facilitate the disjoining or diriding of extensive or populous parishes, and the erecting of new parishes, in that part of the united kingdom called Scotland. Whereas by certain acts of the parliament of Scotland provision is made for disjoining large parishes and building and erecting new churches; and in particular by an act passed in the parliament of Scotland in the
year one thousand seven hundred and seven, intituled act anent 1707, c. 9. plantation of kirks and valuation of teinds, the lords of council and session are empowered, authorized, and appointed to judge, cognosce, and determine in all affairs and causes whatsoever which by the laws and acts of parliament of the kingdom of Scotland were formerly referred to and did pertain and belong to the jurisdiction and cognizance of the commissioners formerly appointed for the plantation of kirks and valuation of teinds, as fully and freely in all respects as the said lords do or may do in other civil causes; and particularly, inter alia, “to disjoin too large paroches, to erect and build new churches, to annex and dismember churches, as they shall think fit, conform to the rules laid down and powers granted by the nineteenth act of the parliament one thousand six hundred and thirty-three, the twenty-third and thirtieth acts of the parliament one thousand six hundred and ninety, and the twenty-fourth act of the parliament one thousand six hundred and ninety-three, in so far as the same stand unrepealed; the transporting of kirks, disjoining of too large paroches, or erecting and building of new kirks, being always with the consent of the heritors of three parts of four at least of the valuation of the paroch whereof the kirk is craved to be transported, or the paroch to be disjoined and new kirks to be erected and built:" and whereas it is expedient to afford facilities and to make further provision for the disjoining or dividing of extensive or populous parishes: be it enacted by the queen's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that from and after the passing of this act so so much of much of the said recited act as requires the consent of the heritors recited act as of three parts of four at least of the valuation of the parish whereof consent of the kirk‘is craved to be transported, or the parish to be disjoined the heritors and new kirks to be erected and built, shall be repealed; and that repealed. the consent of the heritors of a major part of the valuation of any parish shall be necessary and sufficient in all cases in which the con- Consent of sent of the heritors of three parts of four of the valuation of such meines of parish was required by the said recited act, except where otherwise be sufficient. hereinafter expressly provided.
II. And be it enacted and declared, that a parish may be deemed Largeness of and held to be too large, and may, as such, be disjoined or divided tion to be a under the provisions of the said recited act as altered and amended reason for by this act, by reason of the largeness of the population of such parish.
not to be
parish, although the superficial measurement thereof may not be
too large for one parish. Non-consent III. And be it enacted, that it shall not be a valid objection to of heritors
the competency of any process which shall be brought for disjoining deemed valid or dividing a parish or parishes and erecting a new kirk or kirks, objection
under the provisions of the said recited act as altered and amended for linjoining by this act, that the consent of the heritors of a major part of the
valuation of the parish to be disjoined or divided had not been given previous to such process having been brought into court; and it shall be lawful for the lords of council and session before whom any such process shall have been brought to appoint special intimation thereof to be made, in such form and manner as the said lords of council and session shall direct, to such of the heritors of the valuation of the parish as shall not have already either given their consent or judicially stated their dissent, and to sist proceedings in such process for a definite time, for the purpose of allowing such heritors to state judicially their consent or their dissent; and such of them as shall not within a time to be fixed by the said lords of council and session, and to be specified in such intimation as aforesaid, judicially state their dissent, shall, in computing the statutory
proportion of consents, be reckoned as consenting heritors. Where proof
IV. And be it enacted, that if, in any process for disjoining or is given that a sufficient dividing a parish, it shall be shown to the satisfaction of the lords
of council and session that there is already built or erected and in tion exists good repair a church or place of worship suitable for the church of punish, fords the new parish proposed to be erected, and capable of being law
fully appropriated to that purpose, whereby the expense of erecting
a new or additional church will not be incurred by the heritors, and proceed.
that the titulars or others having right to the teinds out of which is to be paid not less than three-fourths of the additional stipend or stipends to be modified by reason of such disjunction or division have consented thereto, or have stated no objection thereto, after due intimation by direction of the lords of council and session to them given, it shall be lawful and competent for the said lords of council and session to allow such process to proceed, and to give judgment and decree therein, if, upon consideration of the whole case, it shall appear to them that there are good and sufficient reasons for so doing, although the heritors of a major part of the valuation of the parish to be disjoined or divided may not have
consented. Patronage in V. And be it enacted, that when any parish or parishes shall have new parishes
been disjoined or divided, and a new parish erected, under the provisions of the said recited act as altered and amended by this act, the patronage of such new parish shall belong to the patron of the original parish from which the same has been disjoined or divided; or if the new parish has been disjoined or divided from more than one parish having different patrons, the patronage of such new parish shall belong to the patrons of the parishes from which the same has been disjoined or divided, and shall be exercised by them, either jointly or in a certain order of rotation as may have been agreed upon by them, or failing of such agreement, then their respective interests in the right of patronage, and the manner of exercising
of council may allow process to
the same, shall be fixed by the lords of council and session, and in either case shall be set forth in a judgment to be pronounced by the said lords of council and session in the process for erecting such new parish: provided always, that such patron or patrons of the original parish or parishes from which the new parish has been disjoined or divided shall undertake to bear the burden of not less than one-half of the stipend to be provided to the minister of such new parish : provided also, that no patron of any of the original parishes, who shall not bear the burden of one-fourth part of the stipend of the minister of the new parish, shall have any right or interest in the patronage of such new parish by virtue of his right of patronage in such original parish ; and in every case in which the patron or patrons of the original parish or parishes shall not bear the burden of not less than one-half of the stipend to be provided to the minister of the new parish, the patronage of such new parish, and the right of presentation to the kirk thereof, shall belong to the person if there be only one such person, or to the persons alternately if there are more than one and not more than three such
persons, who shall bear the burden of the whole stipend provided for the minister of such new parish at the erection thereof, and to the heirs of such person or persons; and if the persons who bear the burden of such stipend shall exceed three in number, then the patronage of such new parish, and the right of presentation to the kirk thereof, shall be vested in and be exercised by three trustees, or, in case of difference of opinion, by the majority of three trustees, who shall be chosen for their respective lives in manner following ; (that is to say), the three trustees first chosen shall be elected by a majority of votes at a meeting of the heritors of such new parish, and of the persons who are liable in payment of stipend to the minister thereof, or who have contributed the sum of five pounds towards the fund out of which any part of the stipend is provided, or towards the expense of providing the church for such new parish; and upon the death, disability, or resignation of any of the trustees so chosen, another trustee in his place shall be elected for life by the heritors and kirk session of the parish; and as often as any vacancy shall happen by the death, disability, or resignation of any trustee, his place shall be supplied in like manner by another trustee, to be elected for life by the heritors and kirk session of the parish: provided always, that no person shall be qualified to hold the office of trustee who is not a member of the church of Scotland in full communion therewith.
VI. And whereas in some large and populous parishes which it In certain may be considered necessary or proper to divide into two or more
rish, though parishes there are a number of poor persons, the greater portion of divided, may whom reside in or near the same locality, such locality being some- one parish times the least wealthy, whereby the particular territorial division of for purposes such large and populous parish, which would be most expedient and advantageous in other respects, would operate injuriously or unjustly if each of the new parishes into which it may be divided was left to provide from its own resources for that portion of the poor of the original parish resident within the territory of such new parish; be it enacted, that it shall be lawful for the said lords of council and session, if they see cause so to do in any judgment to be by them
cases a pa