Page:Ruffhead - The Statutes at Large - vol 6.djvu/357

 A. D. 1733. Anno undecimo Georgii If. C. 17. 295 Pro- aim- aforefaid) and all and every l J erlon and rerlons being rroteitants, claiming under fuch r"erfon or Per-r vmai&SS'' fons comforming and performing the Requilites as aforefaid, for their own Benefit, or for the Benefit of Eftate, (reed of any other Protellant or Protectants, and not for the Benefit of any Papift or Papifts, fhall hold, poffefs, tilnmdbv'* and enjoy all fuch Manors, Messuages, Lands, Tenements, and Hereditaments, freed and difcharged fuch Owners, of and from the Difabilities and Incapacities in the faid Acts, -or any of them, contained, incurred, or & c - unlefi the fuppofed to be incurred by fuch Perfon or Perfons fo reputed Owner or Owners, or in Pofleflion or f e St^Advan^ Receipt of the Rents and Profits as aforefaid, or by any other. Perfon or Perfons, by, from, or through tage of fuch whom the Title to fuch Manors, Mefluages, Lands, Tenements, or Hereditaments, or any Intereft Debility (hair therein, was or fhall be derived, or fuppofed to be derived, for fuch Eftate, Right, Title, or Intereft, j" d 7men7in as he, (he, or they had, or would have had, if no fuch Difability or Incapacity had been incurred ; iome Aflion to unlefs the Perfon or Perfons intitled to take Advantage of fuch Difability, Incapacity, or Defect of Ti- be commenced tie, hath or have actually and bona fide recovered, or (hall hereafter 1 ccover, fuch Manors, Mefluages, J-JJ Montif'be" Lands, Tenements, or Hereditaments, by Judgment or Decree, in forr.e Action or Suit already com- fore fuchCon- menced, or hereafter to be commenced, fix Calendar Months at leaft before the making of fuch Record, forming, and to be profecuted with due Diligence. II. Provided neverthelefs, That this Act, or any thing herein contained, fhall not take away or Not to preju- prejudice the Right of any Perfon or Perfons intitled to take Advantage of fuch Difability or Inca- dl f c a e t r J 1 * R !.8 ht pacity, who now is or are in the actual PofTeflion of, or fhall have, precedent to the making of fuch who&aH hive Record, been in quiet PoiTeflion of any fuch Manors, Mefluages, Lands, Tenements, or Heredita- been in Poffei- 1 ments, by the Space of two Calendar Months. <j°n * Calendar III. Provided always, and be it further enacted by the Authority aforefaid, That if any fuch Perfon s c °rons'return- or Perfons fo conforming as aforefaid, fhall, after fuch Conformity, return to, or again pr.ofefs, the lag to the Po- Popifh Religion, every fuch Perfon and Perfons fhall for ever afterwards be difabled from, and be in- ] ji 'j? R ^!° n a '„ capable of, having or enjoying any Benefit, Privilege, or Advantage of this Act, and fhall from thence- Eenefit by e tlii" y forth be liable to the fame Difabilities, Incapacities and Forfeitures, as if he, lhe or they had not taken Aft. the faid Oaths, and fubferibed the Declaration as aforefaid; any thing herein contained to the contrary notwithftanding. IV. Provided always, That nothing in this Act contained fhall extend to take away or prejudice tire This AQ not Right of any Perfon intitled to any Remainder or Reverfion in any fuch Manors, Mefluages, Lands, Kieh^rfanV 6 * Tenements, or Hereditaments, in cafe fuch Perfon fhall purlue his or her faid Right by fome Action or PeSon intitled Suit to be commenced within the Space of twelve Calendar Months next after the precedent Eftate or to any R ever - Eftates, on which fuch Remainder or Reverfion depends and is expectant, fhall be determined; or with- T ^&fa&X&* i in twelve Calendar Months, from and after the twenty-ninth Day of September one thoufand feven lendar Months, hundred and thirty-eight, if fuch precedent Eftate or Eftates be already determined by the Death or & c - Deaths of any Perfon or Perfons, whofe Deaths have been concealed from, or not known to, the Per- fon intitled to fuch Remainder or Reverfion, by reafon of their having been buried beyond the Seas, or in a private and clandestine Manner at Home, and fhall profecute fuch Action or Suit with due Di- ligence. ' V. And whereas by an A<5i made in the twelfth Year of the Reign of Queen Anne, for rendring nAhna?, ft.2, ' more effectual an Act made in the third Year of the Reign of King James the Firft, intituled, An c - I4- ' AR to prevent and avoid Dangers which may. grow by Popijh Recvfantsy and alfo one other Act made in and i W.&M. ' the firft Year of the Reign of King William and Queen Mary, intituled, An Ail to vejl in the two ft> 1 - =• i6, ' TJniverfities the Presentations of Benefices belonging to Papifts ; it was enacted, That every Papift or Per- ' fon making Profefiion of the'Popifh Religion, and every Child, not being a Proteftant, under the Age ' Mortgagee, Truitee, or Perfon any ways intrufted directly or indirectly, mediately or immediately, ' by or for any fuch Papift or Perfon making Profefiion of the Popifli Religion, or fuch Child as afore- ' faid, whether fuch Trait be declared by Writing or not, fhould be difabled and made incapable to ' prefent, collate, or nominate to any Benefice, Prebend, or Ecciefiaftical Living, School, Hofpital, or ' Donative, or to grant any Avoidance of any Benefice, Prebend, or Ecciefiaftical Living, and that ' every fuch Prefentation, Collation, Nomination and Grant, and every Admifhon, Institution, and ' Induction to be made thereupon, fhould be utterly void and of no Effect to ail Intents, Conltruclions, ' and Purpofes whatfoever; and that in every fuch Cafe the Chancellor a.nd Scholars of the Univerfity ' of Oxford, and the Chancellor and Scholars of the Univerfity of Cambridge, fhould refpectively have ' the Prefentation, Nomination, Collation and Donation of and to every. inch Benefice,, Prebend or ' Ecclefiaftical Living, School, Hofpital, and Donative, fet, lying- and being in the respective Counties,, 'Cities, and oilier Places and Limits in the faid Act of the. third.: Year of King James mentioned, as ' in and by the faid Act is" directed -2nd appointed in the •Cafe. of a Popifh Recufant Convict: And ' whereas for the better Difcovery of all feci-et Trufts and fraudulent Conveyances made by Papifts or ' Perfons making Profefiion of the- Popifli Religion, of their A.dvowfonsand Right of Prefentation, ' Nomination, and Donation to any Benefices or Ecciefiaftical Livings, feveral Provisions were, made by ' the faid Act of the twelfth Year of the Reign of Queen Anne, which have been: fraudulently evaded ' by Perfons obtaining from fuch Papifts, without a full and valuable Consideration, Grants of fuch Ad- ' vowfons and Right of Prefentation, -Nomination, and Donation, upon- Confidence only, that fuch .. 'Grantees will, at the Request of fuoh Papifts, prefent to fuch Benefices or Ecciefiaftical Livings, ' Clerks nominated by fuch Papifts; ■ who hi ve been prefented accordingly,' contrary to the true Intent ' and Meaning of the faid Acts, and to the great Hurt of the Proteftant Intereft of this- Kingdom;'. Be 4 it
 * of one and twenty Years, of every fuch Papift or Perfon profefling the Popifh Religion, ard every