Page:Ruffhead - The Statutes at Large - vol 6.djvu/776

70 certificates to by Law to be taken by Persons in Offices of publick Trust,

Certificates to be registered

and Causing a Certificate of his having done so to be entered or registered in a Book to be kept for that Purpose by the Clerks of the Shires, Stewartries or Burghs in Scotland, where such Person shall reside; or in case of any such Governor, Tutor or Teacher of any such Child, Children or Youth, acting in Parts beyond the Seas, then in a Book to be kept for that Purpose by the Clerk of the Shire, Stewartry or Burgh wherethe Parent or Guardian of fuch Child, Children or Youth shall reside. And if any Person, from and after the said first Day of November, shall presume to exercise the Employment, Function, or Service of Chaplain, in any Family in Scotland, or of a Governor or Teacher of Children or Youth as aforesaid, without having taken the said Oaths, and caused the Certificate of his having duly taken the same, to be registered, as is above directed; every Person so offending, being thereof lawfully convicted before any two or more Justices of Peace, or before any other Judge competent of the Place summarily shall,

Penalty

for the first Offence, suffer Imprisonment by the Space of six Months; and for the second or any subsequent Offence, being thereof lawfully convicted before the Court of Justiciary, or in any of the Circuit Courts, shall be adjudged to be banished from Great Britain for the Space of seven Years.

Oath appointed for Chaplains &c. of the Church of Scotland.

XXIV. Provided always, That it shall be lawful for every Chaplain, Schoolmaster, Governor, Tutor, or Teacher of Youth, who is of the Communion of the Church of Scotland, instead of the Oath of Abjuration appointed by Law to be taken by Persons in Ofices civil or military, to take the Oath directed to be taken by Preachers and Expectants in Divinity of the established Church of Scotland, by an Act passed in the fifth Year of the Reign of King the First

5. Geo. 1. c.29.

, intituled, An Act for making more effectual the Law: appointing the Oath for Security of the Government to be taken by Ministers and Preachers in Churches and Meeting—houses in Scotland; and a Certificate of his having taken that Oath, shall, to all Intents and Purposes, be as valid and effectual as the Certificate of his having taken the Oath of Abjuration above-mentioned; and he shall be as much deemed to have qualified himself according to Law, as if he had taken the Abjuration appointed to be taken by Perons in Civil Offices.}}

Persons keeping Chaplains, &c. who have not qualified;

XXV. And be it further enacted, That from and after the said first Day of November, no Person within Scotland, shall keep or entertain any Person or Chaplain in any Family, or as Governor, Tutor, or Teacher of any Child, Children, or Youth, unless the Certificate of such Person's having taken the Oaths to his Majesty be duly registered 1n Manner above directed; and if any Person shall keep or entertain a Chaplain in his family, or a Governor, Tutor, or Teacher of any Child, Children, or Youth under his Care, without the Certificate of such Chaplain, Governor, Tutor, or Teacher's having respectively qualified himself, by taking the Oaths to his Majesty, being duly registered in Manner above—mentioned, every such Person so offending, being thereof lawfully convicted before any two or more of his Majesty’s Justices of Peace, or before any other Judge competent, shall,

Penalty

for the first Offence, suffer Imprisonment by the Space of six Month; and for the second or any subsequent Offence, being thereof lawfully convicted before the Court of Jufsiciary, or in any of the Circuit Courts in Scotland, shall suffer Imprisonment by the Space of two Years.

XXVI And for the better preventing any Private Schools from being held or maintained, or any Chaplain in any Family, or any Governor, Tutor, or Teacher of any Children or Youth, from being employed or entertained contrary to the Directions of this Act, Be It further enacted, That

Sheriff, &c to enquire into Offences against this act.

the Sheriffs of Shires, and Stewatts of Stewartries, and Magistrates of Burghs of Scotland, shall be obliged, and and are hereby required, from time to time, to make diligent Enquiry Within their respective Jurisdictions, concerning any Offences that shall be committed against this Act, and cause the same, being the first Offence, to be prosecuted before themselves;

Continued by 33'' Geo. 2 c. 26. And see further 21 Geo. 2. c. 34.;26 Geo. 2. c. 29.'' and in case of a second or subsequent Offence, togive Notice thereof, and of the Evidence for proving the same, to his Majesty's Advocate for the time being, who is hereby required to prosecute such second or subsequent Offences before the Court of Justiciary, or at the Circuit Courts.

The End of the Sixth VOLUME.