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Members

&c.

2. And be it further enacted by the authority aforesaid, To be taken by that all and every person and persons that shall be admitted, all Founentred, placed, or taken into any office or offices, civil or dation military,. . . . and all . . . . Heads or Governors, of what de- of Colleges, nomination soever, and all other Members of Colleges and all Tutors, Halls in any University, that are or shall be of the Foundation, or that do or shall enjoy any Exhibition, being of or as soon as they shall attain the age of eighteen years, and all persons teaching or reading to pupils in any University or elsewhere, and all schoolmasters and ushers, .. within that part of Great Britain called England, who shall, at any time after the tenth day of August one thousand seven hundred and fifteen, be admitted into or enter upon any of the abovementioned preferments, benefices, offices, or places, or shall come into any such capacity, or shall take upon him or them any such practice, employment, or business, as aforesaid, shall within three months after he or they shall be admitted into or enter upon any such preferment, benefice, office, or place, or come into such capacity, or take upon him or them such practice, employment, or business, as aforesaid, take and subscribe the same Oaths in one of the said Courts at Westminster, or at the General Quarter Sessions of the county, city, or place, where he or they shall reside.

Founda

refuse to take the

12. And be it further enacted by the authority aforesaid, If any that if any Head or Member of any College or Hall within tion Memeither of the Universities of Oxford or Cambridge, that are ber of any College or shall be of the Foundation, or that do or shall enjoy any neglect or Exhibition, being of (or as soon as he shall attain) the age of eighteen years, shall neglect or refuse to take and subscribe Oaths, the rightful the several Oaths in this Act mentioned, according to the Electors true intent and meaning of this Act, or to produce a certi- may elect ficate thereof under the hand of some proper officer of the respective Court, and cause the same to be entred in the his stead:

१ 4 By 9 Geo. 2, c. 26, s. 3, the time for taking the Oaths is appointed to be "within six calendar months" after admission. Hitherto it has been usual at the end of each Session of Parliament to pass an Act to indemnify, under certain conditions, all persons who have not complied with the requirements of this and some other Acts. The title of the Act so passed in 1866, 29 & 30 Vict. c. 116, is “An Act to indemnify such persons in the United Kingdom as have omitted to qualify themselves for Offices and Employments, and to extend the time limited for those purposes respectively."

F

another

person in

if they

fault, the

appoint.

make de Register of such College or Hall within one month after his King may having taken and subscribed the said Oaths; and if the persons in whom the right of election of such Head or Member shall be do neglect or refuse to elect some other fitting or proper person in the place or stead of such Head or Member, so neglecting and refusing to take and subscribe the said Oaths, as aforesaid, by the space of twelve months after such neglect or refusal; that then, and from thenceforth, it shall and may be lawful unto and for the Kings most excellent Majesty, his heirs and successors, under the Great Seal or Sign Manual, to nominate and appoint some fitting person, qualified according to the local Statutes of such College or Hall, to succeed to the place of such person who shall neglect or refuse to take and subscribe the said Oaths; and that every person so to be nominated and appointed shall have and enjoy such place, to which he shall be nominated and appointed, as aforesaid, to all intents and purposes whatsoever, and all benefits, privileges, and advantages to the same belonging and appertaining, as if such person had been elected and chosen by the proper electors of such College or Hall.

If the Head of any Col

lege refuse

or neglect to admit

any person so

appointed
by the

King, the
Visitor

13. And be it further enacted by the authority aforesaid, that if the Head of any College or Hall in either of the Universities, or other person or persons lawfully authorized to admit, shall refuse or neglect to admit such person, so nominated and appointed under the Great Seal or Sign Manual, as aforesaid, by the space of ten days after such admission shall be demanded of him or them who ought to make such admission, to such place as he shall be nominated him if to, as aforesaid, that then and in such case the local Visitor the Visitor or Visitors of such College or Hall is hereby authorized and neglect or refuse, the required to admit and place such person so nominated and Court of appointed to such place as he shall be nominated to, as aforeBench may said, within the space of one month after the same shall be demanded of such Visitor; and in case such Visitor shall Mandamus neglect or refuse to admit, as aforesaid, during the space of admit. one month after the same is lawfully demanded of such

shall admit

King's

issue a

writ of

to him to

Visitor, that then it shall and may be lawful to and for the Court of Kings-Bench at Westminster to issue out a writ of Mandamus to be directed to such Visitor or Visitors

to admit such person to such place, and to proceed upon the said writ according to the course of the said Court in such

cases.

9 GEO. II, Cap. XXXVI.

An Act to restrain the Disposition of Lands, whereby the same become unalienable.

money to

in lands,

[This Act directs that no lands &c., nor any money to No lands be laid out in lands &c., shall be given for any Charitable &c., nor Uses whatsoever, unless by indenture executed twelve calendar be laid out months before the death of the donor and enrolled in the shall be' Court of Chancery within six months after execution, and given for unless the gift is to take effect immediately and without table Uses, any power of revocation or any limitation whatsoever for the unless by benefit of the donor.]

any Chari

deed 12 months before the

and with

tion &c.

the two

4. Provided always, that this Act shall not extend, or be death of construed to extend, to make void the dispositions of any the donor lands, tenements, or hereditaments, or of any personal estate out power to be laid out in the purchase of any lands, tenements, or of revocahereditaments, which shall be made in any other manner or But not to form than by this Act is directed, to or in trust for either prejudice of the two Universities within that part of Great Britain Universicalled England, or any of the Colleges or Houses of Learning ties, or the Colleges within either of the said Universities, or to or in trust for of Eton, the Colleges of Eton, Winchester, or Westminster, or any ter, or or either of them, for the better support and maintenance Westof the Scholars only upon the foundations of the said Colleges of Eton, Winchester, and Westminster".

The fifth section of this Act, which limited the number of advowsons which any College might hold to half the number of Fellows in it, was totally repealed by 45 Geo. 3, c. 101.

Winches

minster.

Recital of

13 Апп.

11 GEO. II, Cap. XVII.

An Act for securing the Estates of Papists conforming to the Protestant Religion against the disabilities created by several Acts of Parliament relating to Papists; and for rendering more effectual the several Acts of Parliament made for vesting in the two Universities in that part of Great Britain called England the Presentations of Benefices belonging to Papists.

5. And whereas by an Act made in the twelfth year of the Reign of Queen Anne, for rendring more effectual an Act made in the third year of the Reign of King James the t. 2, 0.14. First intituled An Act to prevent and avoid dangers which

0 13. al. 12 Ann.

may grow by Popish recusants, and also one other Act made in the first year of the Reign of King William and Queen Mary intituled An Act to vest in the two Universities the Presentations of Benefices belonging to Papists, it was enacted, that every Papist or person making profession of the Popish religion, and every child not being a Protestant under the nge of one and twenty years of every such Papist or person professing the Popish religion, and every mortgagee trustee or person any ways intrusted directly or indirectly mediately or immediately by or for any such Papist or person making profession of the Popish religion or such child as aforesaid, whether such trust be declared by writing or not, should be disabled and made incapable to present, collate, or nominate to any benefice, prebend, or ecclesiastical living, school, hospital, or donative, or to grant any avoidance of any benefice, prebend, or ecclesiastical living; and that every such presentation, collation, nomination, and grant, and every admission, institution, and induction to be made thereupon, should be utterly void and of no effect to all intents, constructions, and purposes whatsoever; and that in every such case the Chancellor and Scholars of the University of Oxford and the Chancellor and Scholars of the University of Cambridge should respectively have the presentation, nomination, colla

tion, and donation of and to every such benefice, prebend, or ecclesiastical living, school, hospital, and donative, set, lying, and being in the respective counties, cities, and other places and limits in the said Act of the third year of King James mentioned, as in and by the said Act is directed and appointed in the case of a Popish recusant convict :

And whereas, for the better discovery of all secret trusts and fraudulent conveyances made by Papists or persons making profession of the Popish religion of their advowsons and right of presentation, nomination, and donation to any benefices or ecclesiastical livings, several provisions were made by the said Act of the twelfth year of the Reign of Queen Anne, which have been fraudulently evaded by persons obtaining from such Papists, without a full and valuable consideration, grants of such advowsons and right of presentation, nomination, and donation, upon confidence only that such grantees will, at the request of such Papists, present to such benefices or ecclesiastical livings Clerks nominated by such Papists; who have been presented accordingly, contrary to the true intent and meaning of the said Acts, and to the great hurt of the Protestant interest of this Kingdom:

grant or

siastical

made by

any Papist, or by the

Trustee &c. of any

shall be

Be it therefore enacted by the authority aforesaid, that every Every grant to be made, from and after the sixth day of May one devise of thousand seven hundred and thirty eight, of any advowson or any right of presentation, collation, nomination, or donation of and Living &c. to any benefice, prebend, or ecclesiastical living, school, hospital, or donative, and every grant of any avoidance thereof, by any Papist or person making profession of the Popish religion, or any mortgagee, trustee, or person any ways intrusted Papist, directly or indirectly, mediately or immediately, by or for void, unless any such Papist or person making profession of the Popish made for religion, whether such trust be declared by writing or not, considerashall be null and void, unless such grant shall be made bona tion to a fide and for a full and valuable consideration to and for a purchaser. Protestant purchaser or Protestant purchasers, and meerly and only for the benefit of a Protestant or Protestants; and that every such grantee, or person claiming under any such grant, shall be deemed to be a trustee for a Papist or person professing the Popish religion, as aforesaid, within the true intent and meaning of the said Act; and that all such gran

a valuable

Protestant

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