OpenLegislation

Section IV Before whom Affidavit to be made.

Original text. Later amendments are not shown.

No Fee.; If no Affidavit, then Parson to give Notice thereof to Churchwardens; Proceedings thereon.; Forfeitures how disposed of.

And it is hereby further enacted That the said Affidavit shall be made or taken before some one Justice of the Peace or Master of Chauncery ordinary or extraordinary Maior Bayliffe or other Cheife Officer of the City County Burrough Corporation or Market Towne in the County where the said partie was buryed who are hereby authorized and required to administer the said Oath and to attest the same under their hands upon such Affidavit Gratis And in case noe such Affidavit shall be brought to the Parson or Minister where the said Partie was buryed as aforesaid within the said Eight dayes That such Parson or Minister shall forthwith give or cause notice thereof to be given in writeing under his hand to the Churchwarden or Overseers of the Poore of such Parish who shall within Eight dayes after such notice repaire to the Cheife Magistrate in any Towne Corporate if such party was buryed in such City or Towne Corporate or else to any Justice of the Peace who upon the Certificate thereof from the said Parson Minister or Curate officiating in the said Parish shall forthwith grant a Warrant for the levying of the said Forfeiture on the Goods and Chattells of the Partyes before mentioned rendering the overplus to the partyes whose Goods were soe distrained upon all reasonable Charges being deducted one moyety of which Forfeitures shall be to the use and benefitt of the Poore of the Parish where such Party shall be buryed contrary to the directions of this Act and the other moyety thereof to the use of the person that shall informe and sue for the same to be recovered by Warrant of the Cheife Magistrate or any Justice of the Peace in the City Towne Corporate or County where such party was buryed