shall reside, next after his or their admittance or admittances into the respective offices or employments therein mentioned, which times so limited in the said several acts are found to be too short and inconvenient; now for remedy thereof, and for amending the said acts by enlarging the said times, be it enacted by the authority aforesaid, that all and every person and persons that shall be admitted, entered, placed or taken into any office or offices, civil or military, or shall receive any pay, salary, fee or wages, by reason of any patent or grant from his majesty, his heirs or successors, or by his authority, or by authority derived from him or them within that part of Great Britain called England, or in his majesty's navy, or in the several islands of Jersey and Guernsey, or that shall be admitted into any service, office or employment in the household or family of his majesty, or her majesty, or of his royal highness Frederick prince of Wales, or of any of his majesty's issue, and all ecclesiastical persons, heads or governors of what denomination soever, and all other members of colleges and halls within either of the universities of Oxford or Cambridge, 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 either of the aforesaid universities or elsewhere, and schoolmasters and ushers, and all preachers and teachers of separate congregations, high and chief constables, and every person who shall act as serjeant at law, counsellor at law, barrister, advocate, attorney, solicitor, proctor, clerk or notary, by practising in any manner as such in any court or courts whatsoever, within that part All persons of Great Britain called England, who shall at any time after the first into any pre- day of August in the year of our Lord one thousand seven hundred sentments or and thirty-six, be admitted into, or enter upon, any of the aforeplaces after Aug. 1736, mentioned preferments, benefices, offices or places, or shall come to take the into any such capacity, or shall take upon him or them any such practice, employment or business as aforesaid, shall take and subscribe the oaths appointed by the statute made in the first year of the reign of his late majesty king George the first, in such form as by that statute is directed, in his majesty's court of chancery, king's bench, common pleas or exchequer, or at the general or quarter sessions of the county, city or place where such person shall be or reside, at any time within six calendar 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; and all and every person or persons, who, by the said act made in the twenty-fifth year of the reign of king Charles the second, are required to make and subscribe the declaration against transubstantiation, shall make and subscribe the said declaration at the same places, and at the same times, as are by this act limited for taking and subscribing the oaths aforesaid. admitted oaths, &c. within six months after admission. Persons beyond the seas IV. Provided always, that nothing in this act shall extend to any allowed to person beyond the seas, who by virtue of this act ought to take and take the said subscribe the said oaths, or by virtue of the said act made in the months after twenty-fifth year of king Charles the second ought to make and their return. subscribe the said declaration, so as such person do within six oaths, &c. six calendar months after his return to or arrival in that part of Great Britain called England, take and subscribe the said oaths, in such manner and form, and at such place and places, as are appointed in and by the said act made in the first year of the reign of his late majesty king George the first, and also receive the sacrament of the Lord's supper according to the usage of the church of England, and make and subscribe the said declaration against transubstantiation, in such cases wherein the said sacrament ought to have been received, and the said declaration ought to have been made and subscribed. to take the the time the said acts. V. Provided always, and it is hereby further enacted by the Persons authority aforesaid, that all and every person and persons aforesaid neglecting that shall neglect or refuse to take the said oaths, or who shall oaths, &c. in neglect or refuse to make and subscribe the said declaration in cases herein limitwhere the same ought to be made and subscribed, within the time ed, to incur the penalties and at the places aforesaid, according to the directions of this act, inflicted by shall be liable unto and incur all such disabilities, incapacities, forfeitures and penalties as in and by the said act of the first year of the reign of his late majesty king George the first are provided. and inflicted for not taking and subscribing the said oaths, or are provided and inflicted by the said act made in the twenty-fifth year of the reign of king Charles the second for not making and subscribing the said declaration; and in case of executing any such office, place or employment, after such neglect or refusal as aforesaid, every such person and persons being thereof lawfully convicted in such manner as by the said several acts is directed, shall be liable unto and incur all such disabilities, incapacities, forfeitures and penalties, as in and by the said acts are provided, to be prosecuted, sued for and recovered in such manner as therein is prescribed. ers in the in full force, VI. And it is hereby further enacted by the authority aforesaid, All the powthat all and every the powers, authorities, conditions, directions and recited acts provisions in and by the said acts of the first year of the reign of to continue his late majesty king George the first, and of the twenty-fifth year of the reign of king Charles the second, enacted or provided touching or relating to the taking and subscribing of the said oaths, and the making and subscribing the said declaration, or the neglect or refusal thereof, shall be adjudged, deemed and taken to be in full force, as if the same were herein particularly inserted and re-enacted, except only as to the alteration by this act made in respect of the except only times limited for taking and subscribing the said oaths, and making alteration and subscribing the said declaration, and also as to the indemnity made by this hereby granted to such who on or before the first day of August one gard to time. thousand seven hundred and thirty-six, shall take and subscribe the said oaths, and make and subscribe the said declaration, and receive the sacrament of the Lord's supper according to the usage of the church of England, where the same are respectively required by law; any thing hereinbefore contained to the contrary thereof in anywise notwithstanding. as to the act with re act 3 Geo. i. VII. And whereas by a clause in an act of parliament passed in Recital of a the third year of his late majesty's reign, intituled, an act for ex- clause in the plaining an act passed in the last session of parliament, intituled, an act c. 18, to oblige papists to register their names and real estates, and for enlarging the time for such registering, and for securing purchases made by protestants; it was enacted, that from and after the nine and twentieth day of September in the year of our Lord one thousand seven hundred and seventeen, no manors, lands, tenements, hereditaments, or any interest therein, or rent or profit thereout, should pass, alter or change from any papist or person professing the popish religion, by any deed or will, except such deed within six months after the date, and such will within six months after the death of the testator should be enrolled in one of the king's courts of record at Westminster, or else within the same county or counties wherein the manors, lands and tenements lie, in such manner as therein for 10 Geo. 1, c.4. that purpose is particularly directed; and whereas by a clause in another act of parliament passed in the tenth year of his said late majesty's reign, intituled, an act for explaining and amending an act of the last session of parliament, intituled, an act to oblige all persons being papists, in that part of Great Britain called Scotland, and all persons in Great Britain, refusing or neglecting to take the oaths appointed for the security of his majesty's person and government by several acts therein mentioned, to register their names and real estates; and for enlarging the time for taking the said oaths, and making such registers; and for allowing further time for the enrolment of deeds or wills made by papists, which have been omitted to be enrolled, pursuant to an act of the third year of his said late majesty's reign; and also for giving relief to protestant lessees; it was enacted, for the relief of such persons who had neglected or omitted to enroll their deeds or wills, that every deed and will which had been then made since the nine and twentieth day of September one thousand seven hundred and seventeen, in order to pass, alter or change any manors, lands, tenements or hereditaments, or any interest therein, or rent or profit thereout, from any person professing the popish religion, though not then enrolled, should be as good and effectual in the law as the same would have been in case the said deeds and wills had been enrolled within the time limited by the said clause in the said former act for enrolment thereof, provided the said deeds and wills should be enrolled on or before the nine and twentieth day of September one thousand seven hundred and twenty-four, in such 3 Geo. 2, c.29. manner as by the said former act was directed: and whereas by a clause in another act of parliament passed in the third year of his present majesty's reign, intituled, an act for continuing and amending an act regulating the price and assize of bread; for relief of bankrupts whose certificates were not allowed before the expiration of a late act for the better preventing frauds committed by bankrupts; for allowing further time for enrolment of deeds or wills made by papists, and for relief of protestant purchasers and lessees; and for making further provision concerning certificates relating to the settlements of poor persons, and the charges of maintaining and removing certificated persons; it was enacted, for the relief of such protestant purchasers and lessees, and such other persons as had neglected or omitted to enrol their deeds or wills in due time, that every deed and will then made since the nine and twentieth day of September in the year of our Lord one thousand seven hundred and seventeen, in order to pass, alter or change any manors, lands tenements or hereditaments, or any interest therein, or rent or profit thereout, from any papist or person professing the popish religion (though not then enrolled) should be as good and effectual in the law as the same would have been in case the said deeds and wills had been enrolled within the times limited in the clauses in the said former acts for the enrolment thereof, provided the same deeds and wills should be enrolled on or before the nine and twentieth day of September one thousand seven hundred and thirty-one, in such manner as by the said clause in the said first mentioned act was directed: and whereas by a clause in another act of parliament passed in the 6Geo. 2, c. 5, sixth year of his present majesty's reign, intituled, an act for allow- papists' esconcerning ing further time for the enrolment of deeds and wills made by papists, tates. and for relief of protestant purchasers and lessees; it was enacted, that every deed and will then made since the twenty-ninth day of September one thousand seven hundred and seventeen, in order to pass, alter or change any manors, lands, tenements or hereditaments, or any interest therein, or rent or profit thereout, from any papist or person professing the popish religion (though not enrolled) should be as good and effectual in the law as the same would have been in case the said deeds and wills had been enrolled within the times limited in the said clauses in the said acts for the enrolment thereof; provided the same deeds and wills should be enrolled on or before the twenty-ninth day of September one thousand seven hundred and thirty-three, in such manner as by the said clause in the said first mentioned act is directed: and whereas several of his majesty's protestant subjects, since the nine and twentieth day of September one thousand seven hundred and seventeen, have purchased lands and taken leases upon fines paid, where some small rents have been reserved from papists or persons professing the popish religion, and have neglected and omitted to enrol their purchase deeds and leases within the times limited by the said clauses in the said acts directed for the enrolment thereof, and are in danger of being defeated of their said purchases and leases: and whereas several infants and others claiming under the last wills and testaments of papists or persons professing the popish religion, may be defeated of their manors, lands, tenements and hereditaments, so devised to them, through the neglect or omission of the executors or trustees of such wills to enrol the same in due time according to the direction of the said clause in the said acts; to relieve therefore such protestant purchasers, devisees and lessees, and such other persons as have neglected or omitted to enrol their deeds or wills in due time as aforesaid, be it enacted by the authority aforesaid, that Deeds and every deed and will made since the nine and twentieth day of since 29 Sept. September in the year of our Lord one thousand seven hundred 1717, for conand seventeen, in order to pass, alter or change any manors, lands, the lands of tenements or hereditaments, or any interest therein, or any rent or papists, shall be good, if profit thereout, from any papist or person professing the popish enrolled by religion, though not enrolled, shall be as good and effectual in the 29 Sept. 1736. law as the same would have been in case the said deeds and wills had been enrolled within the times limited by the said clauses in the said acts for the enrolment thereof, provided the same deeds and wills shall be enrolled on or before the nine and twentieth day of September in the year of our Lord one thousand seven hundred wills made veyance of But not to extend to enrolled, and thirty-six, in such manner as by the said clause in the said first mentioned act is directed. VIII. Provided always, that nothing herein contained shall extend deeds, wills, or be construed to extend, to make good any such deed, will or lease or leases, not already made, and not enrolled, of the want of enrolment whereof whereof ad- advantage shall have been taken on or before the second day of vantage was February in the year of our Lord one thousand seven hundred and 2 Feb. 1735. thirty-five, but every such deed, will and lease, shall remain of such force and effect only, as the same would have had if this act had never been made, and of none other force or effect. taken before of lands, &c. IX. And whereas many purchases made by protestants since the said twenty-ninth day of September one thousand seven hundred and seventeen, may be in danger of being impeached or called in question, in regard that some deeds or wills through which the title thereto is derived ought to have been enrolled according to the said acts, but have not been so enrolled by reason that it was not known to such purchasers that the persons who made such deeds or wills were papists; be it therefore further enacted by the authority aforeNo purchase said, that no purchase made for full and valuable considerations of made by pro- any manors, messuages, lands, tenements or hereditaments, or of any testants for interest therein, by any protestant or protestants, and merely and sideration to only for the benefit of protestants, shall be impeached or avoided, for or by reason that any deed or will, through which the title thereto is derived hath not been enrolled as required by the said acts, so as no advantage was taken of the want of enrolment thereof before such purchase was made, and so as such purchaser or purchasers had not notice before such their purchase that the person or persons who made such deed or will was or were a papist or papists, and so as no decree or judgment hath been obtained for want of the enrolment of such deeds or wills. valuable con be avoided for want of enrolment; Exception. Preamble, reciting clauses in act 19 GEORGE 2, Cap. 38.-An act more effectually to prohibit and prevent pastors or ministers from officiating in episcopal meeting-houses in Scotland, without duly qualifying themselves according to law; and to punish persons for resorting to any meeting-houses where such unqualified pastors or ministers shall officiate.-See Title " CHURCH, EPISCOPAL, IN SCOTLAND," vol. i. p. 598. 6 GEORGE 3, CAP. 53.-An act for altering the oath of abjuration and the assurance; and for amending so much of an act of the seventh year of her late majesty queen Anne, intituled, an act for the improvement of the union of the two kingdoms, as, after the time therein limited, requires the delivery of certain lists and copies therein mentioned to persons indicted of high treason, or misprision of treason.Whereas by an act passed in the first year of the reign of his late majesty king George the first, intituled, an act for the further security 1 Geo. 1, st.2, of his majesty's person and government, and the succession of the crown in the heirs of the late princess Sophia, being protestants; and for extinguishing the hopes of the pretended prince of Wales, and his open and secret abettors; it is, amongst other things, enacted, that all and every person and persons therein mentioned, within Great Britain, and the several islands of Jersey and Guernsey, should take and subscribe the oath of abjuration therein mentioned; and all and every person and persons therein mentioned within Scotland, should c. 13. |