Page:Ruffhead - The Statutes at Large - vol 5.djvu/75

 A. D. 1714. Anno primo Georgii Regis. Stat. 2. C. 13. 35 Perfon or Perfons, who fhall be by this Majefty for that Purpofe fpecially appointed, by Order in the n.on«d by Ju- Place of Abode, with one of the Family there ; and if fuch Perfon who fhall be fo fummoned, ncgle&s or refufes to appear according to fuch Summons, that then upon due Proof to be made upon Oath of the fcrving the faid Summons, which Oath fuch juftices, or any other Perfon or Perfons fpccially to be ap- pointed, as aforefaid, are hereby enabled to adminifter, fuch Juffices, or any other Perfon or Perfons, fpecially to be appointed, as aforefaid, are hereby required to certify the fame to the next General Qiiar- -ter-Scffions of the Peace to be holden for fuch County, Riding, Liberty, City, Borough, Town-corpo- rate or Place, there to be entred upon the Rolls of the faid Seffions ; and if fuch Perfon who fhall be fo fummoncd to take the faid Oaths, as aforefaid, fhall neglect or rcfufe to appear and take the faid Oaths at the laid General Quarter-Seffions, the Names of the Perfons fo certified being publickly read at the fir)!; Meeting of the faid Seffions, That then and in fuch Cafe fuch Perfon fhall be taken, efteemed, and ad- judged a Popifh Recufant convict, and as fuch, to forfeit and be proceeded againff. as if fuch Perfon had actually refufed to take the faid Oaths ; and the fame fhall be from thence certified by the Clerk of the -Peace of fuch County, Riding, Liberty, City, Borough, Town-corporate, or Place, into his Majefty's High Court of Chancery or King's Bench, Court of Seilion, or Court of jufticiary in Scot/mid, there to be recorded amongit the Rolls of the faid Courts, in a Roll or Rolls there to be provided and kept for that Purpofe only. • XII. And be it further enacted by the Authority aforefaid, That if any Head or Member of any Col- Heads', &c. of lege or Hall within either of the Univerfities of Oxford or Cambridge, that are or fhall be of the Founda- 9 ol ' CE !r > &c - tion, or that do or fhall enjoy any Exhibition, being of (or as foon as he fhall attain) the Age of eighteen J," ,XidVnot Years, fhall neglect or refufe to take and fubferibe the feveral Oaths in this Act mentioned, according to taking the' the true Intent and Meaning- of this Act, or to produce a Certificate thereof, under the Hand of fome Oaths, and the proper Officer of the refpedtiv.e Court, and caufe the fame to be entred in the Regifter of fuch College Perfon in whom or Hall within one Month after his having taken and fubferibed the faid Oaths ; and if the Perfons in S^^ [j ^,, whom the Right of Election of fuch Head or Member fhall be, do neglect or refufe to elect fome other eiefting fome fitting or proper Perfon, in the Place or Stead of fuch Head or Member fo neglecting and refufing to proper Perfon take and fubferibe the faid Oaths, as aforefaid, by the Space of twelve Months after fuch Neglect or Re- in his Place, fufal, That then, and from thenceforth, it fhall and may be lawful unto and for the King's moll Excel- the ^'"S ■*»* lent Majefty, his Heirs and Succeffors, under the Great Seal or Sign Manual, to nominate and appoint notr ' ma ' ' fome fitting Perfon, qualified according to the local Statutes of fuch College or Hall, to fucceed to the Place of fuch Perfon who fhall neglect or refufe to take and fubferibe the faid Oaths ; and that every Per- son fo to be nominated and appointed, fhall have and enjoy fuch Place, to which he fhall be nominated and appointed, as aforefaid, to all Intents and Purpofes whatfoever, and all Benefits, Privileges and Ad- vantages to the fame belonging and appertaining, as if fuch Perfon had been elected and chofeii by the pro- ; ' per Electors of fuch College or Hall. •, ■ XIII. And be it further enacted by the Authority aforefaid, That if the Head of any College or Hall in The KingV 'either of the Univerfities, or other Perfon or Perfons lawfully authorized to admit, fhall refufe or neglect Bench trwy iffae ■to admit fuch Perfons fo nominated and appointed under the Great Seal or Sign Manual, as aforefaid, by a Man * !, " lsl ^ *° the Space often Days after fuch Admiffion fhall be demanded of him or them, who ought to make fuch^j^^a p^. 'Admiffion, to fuch Place as he fhall be nominated to, as aforefaid, That then and in fuch Cafe the local fo n fo named, "Vifitor or Vifitbrs-of fuch College or Hall is hereby authorized and required -to admit and place fuch Per- son fo nominated and appointed, to fuch Place as he. fhall be nominated to, as aforefaid, within theSpace , of one' Month after the fame fhall be demanded of fuch Vifitor ; and in cafe fuch Viiitor fhall neglect or "-...., • refufe to admit, as aforefaid, during- the Space, of. one Month after the fameis lawfully demanded of fuch - ... Vifitorj That then it fhall and may be lawful to .and for the Court of King's Bench at IVcjhiunfter, to • : ;: ■• ■iliue out a Writ of Mandamus to be directed to fuch Viiitor or Vifitors, to admit fuch Perfon to fuch Place, 'and to proceed upon the faid Writ, according.' to the Courfe of the faid Court in fuch Cafes. ' ' . XIV. Provided always, That any Perfon who by any Negletbor Refufal according to this Aft,- fhall ? ffic . er n;uin S lole or forfeit any Office, may be capable of a new Grant of the f.id Office, or of any other, and have j*""^ q^ » and hold the fame again, fuch Perfon taking the faid Oaths in fuch Manner as aforefaid, fo as fuch Office a, a ; :1 on ta _' be not granted to, or actually enjoyed by fome Perfon at the Time of re-granting thereof. tl klngthe.o.-.t!;;. - XV. Provided alfo, That. nothing- herein contained fhall he, conftrued to extend to any Perfon in his 7"his AcTt fhaii 'Majefty's Service on board, the Fleet, of to any Perfon whatfoever who fhall go beyond the Seas before the " ot exte " d ]? -firft Day of November next, fo as fuch Perfon take the faid Oaths, and fubferibe thereunto, as aforefaid, ac- s " ^ho'Tali -cording to the Appointment of this Act, within three Months after his Return. . take the Oaths ■ XVI. And be it further enacted by the Authority aforefaid, That from and after the twenty-ninth Day of Sep- in three Months tctnber in the- Year of our Lord one thoufand feven hundred and fifteen, no Perfon that now is, or hereafter !lftC1 ' tn '-*, * Re ~ •fhall be-'a Peer of this Realm, .or Member' of the. Houfe of Peers, fhall vote, or make his Proxy in -the ^^' r s -Houfe of Peers, or fit there,, during any Debate in the faid Houfe of Peers ; nor any Perfon that now is, i 7 'j.. jjoMem- sror hereafter- fhall be a Member of. the. Houfe of Commons, fhall vote, in the Houfe' of Commons, or fit bet of either there during any Debate in the faid Houfe of Commons, after their Speaker is chofen ; until fuch Peer ox Houfe of Par-. Member fhall, from Time to Time refpectively take the Abjuration-Oath aforefaid, inftead of the Oath 1 ^ 1 ™^^^ -ef Abjuration which before by Law ought to have been taken, in fuch Manner, and together with fuch"^ #£ ti! f" F 2 Other he haBtafcen the Abjuration.