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44 Geo. III. Cap. xliii.

An Act to enforce the due Obfervance of the Canons and Rubrick refpecting the Ages of Perfons to be admitted into the facred Orders of Deacons and Priests.

WHEREAS by the Canons of the Churches heretofore of England and Ireland, now the United Church of England and Ireland, it is ordained, ordered, and directed, that no Bifhop fhall admit any person into the facred order of a Deacon who is not twenty-three years old, nor to be a Prieft except he be twenty-four years complete and whereas by the prefaces to the form of Ordination of Priefts and Deacons, established and used by authority of several Acts of Parliament of England and Ireland refpectively, it is directed that none shall be admitted Deacon except he be twenty-three years of age, unless he have a faculty, and that every man which is to be admitted a Prieft fhall be full twenty-four years old: and whereas, in that part of the United Kingdom called Ireland, the aforefaid rules refpecting the ages of perfons defiring to be admitted into holy orders have been fometimes difregarded and rendered of no effect, to the great fcandal and detriment of the Church, and to the prejudice of Religion: for the better prevention thereof for the future, and also in order that one certain and undoubted rule and courfe of practice may hereafter prevail and be obferved in this refpect in England and Ireland, be it enacted by the King's moft excellent Majefty, by and with the advice and confent of the Lords fpiritual and temporal, and Commons, in this prefent Parliament affembled, and by the authority of the fame, That, from and after the paffing of this Act, no perfon fhall be admitted a Deacon before he fhall have attained the age of three and twenty years complete, and that no perfon fhall be admitted a Prieft before he fhall have attained the age of four and twenty years complete and in cafe any perfon fhall, from and after the paffing of this Act, be admitted a Deacon before he fhall have attained the age of three and twenty years complete, or be admitted a Prieft before he shall have attained the age of four and twenty years complete, that then and in every such case the admiffion of every fuch

perfon

202 Actrefpecting the Ages of Perfons to be admitted into Orders.

perfon as Deacon or Prieft refpectively, fhall be merely void in law, as if such admiffion had not been made, and the perfon fo admitted fhall be wholly incapable of having, holding, or enjoying, or being admitted to any parfonage, vicarage, benefice, or other ecclefiaftical promotion or dignity whatsoever, in virtue of fuch his admiffion as Deacon or Prieft refpectively, or of any qualification derived or fuppofed to be derived therefrom. Provided that nothing herein contained shall extend, or be conftrued to extend, to take away any right of granting faculties, which hath heretofore been and now may lawfully be ufed and exercised by the Archbishop of Canterbury, or Archbishop of Armagh. Provided always, that no title to confer or present by lapfe fhall accrue by any avoidance or deprivation, ipfo facto, by virtue of this Statute, but after fix months notice of fuch avoidance or deprivation given by the Ordinary to the Patron.

9 Geo. II. Cap. xxxvi.

An Act to restrain the Difpofition of Lands, whereby the fame become unalienable.

WHEREAS gifts or alienations of lands, tenements,

or hereditaments, in Mortmain, are prohibited or reftrained by Magna Charta, and divers other wholesome laws, as prejudicial to, and against the common utility; nevertheless this public mifchief has of late greatly increafed by many large and improvident alienations or difpofitions made by languishing or dying perfons, or by other perfons, to ufes called charitable uses, to take place after their deaths, to the difherifon of their lawful heirs; for remedy whereof be it enacted by the King's most excellent Majefty, by and with the advice and confent of the Lords fpiritual and temporal, and Commons, in this prefent Parliament affembled, and by the authority of the fame, That from and after the twenty-fourth day of June, which fhall be in the year of our Lord one thousand seven hundred and thirty-fix, no manors, lands, tenements, rents, advowfons, or other hereditaments, corporeal or incorporeal, whatsoever, nor any fum or fums of money, goods, chattels, stocks in the public funds, fecurities for money, or any other perfonal eftate whatsoever, to be laid out or difpofed of in the purchase of any lands, tenements, or hereditaments, fhall be given, granted, aliened, limited, released, transferred, affigned, or appointed, or any ways conveyed or fettled, to or upon any perfon or perfons, bodies politic or corporate, or otherwife, for any eftate or intereft whatsoever, or any ways charged or incumbered by any perfon or perfons whatfoever, in truft, or for the benefit of any charitable uses whatsoever; unless fuch gift, conveyance, appointment, or fettlement of any fuch lands, tenements, or hereditaments, fum or fums of money, or perfonal eftate, (other than ftocks in the public funds,) be and be made by deed indented, fealed, and delivered, in the presence of two or more credible witneffes, twelve calendar months at least before the death of fuch donor or grantor, (including the days of the execution and death,) and be enrolled in his Majesty's High Court of Chancery, within fix calendar months next after the execution there

of;

of; and unlefs fuch stocks be transferred in the public books ufually kept for the transfer of ftocks, fix calendar months at least before the death of fuch donor or grantor, (including the days of the transfer and death,) and unless the fame be made to take effect in poffeffion for the charitable ufe intended, immediately from the making thereof, and be without any power of revocation, reservation, truft, condition, limitation, claufe, or agreement whatfoever, for the benefit of the donor or grantor, or of any perfon or perfons claiming under him.

2. Provided always, That nothing herein-before mentioned relating to the fealing and delivering of any deed or deeds, twelve calendar months at leaft before the death of the grantor, or to the transfer of any stock fix calendar months before the death of the grantor, or perfon making fuch transfer, fhall extend, or be conftrued to extend, to any purchase of any eftate or intereft in lands, tenements, or hereditaments, or any transfer of any stock, to be made really and bona fide for a full and valuable confideration actually paid at or before the making fuch conveyance or transfer without fraud or collufion.

3. And be it further enacted by the authority aforefaid, That all gifts, grants, conveyances, appointments, affurances, transfers, and fettlements whatfoever, of any lands, tenements, or other hereditaments, or of any eftate or intereft therein, or of any charge or incumbrance affecting or to affect any lands, tenements, or hereditaments, or of any flock, money, goods, chattels, or other perfonal eftate, or fecurities for money to be laid out or difpofed of in the purchase of any lands, tenements, or hereditaments, or of any estate or intereft therein, or of any charge or incumbrance affecting or to affect the fame, to or in truft for any charitable ufes whatsoever, which fhall, at any time from and after the faid twenty-fourth day of June one thousand seven hundred and thirty-fix, be made in any other manner or form than by this Act is directed and appointed, fhall be abfolutely, and to all intents and purpofes, null and void.

4. Provided always, That this A&t shall not extend, or be conftrued to extend, to make void the difpofitions of any lands, tenements, or hereditaments, or of any personal eftate to be laid out in the purchase of any lands, tenements, or hereditaments, which fhall be made in any other manner or form than by this A&t is directed, to or in trust for either of the two Univerfities within that part of Great Britain called England, or any of the colleges or houses of learning

learning within either of the faid Univerfities, or to or in truft for the colleges of Eton, Winchester, or Westminster, or any or either of them, for the better support and maintenance of the scholars only upon the foundations of the faid colleges of Eton, Winchefter, and Westminster.

5. Provided nevertheless, and be it enacted by the authority aforefaid, That no fuch college or houfe of leafning, which doth or fhall hold or enjoy fo many advowfons of ecclefiaftical benefices as are or fhall be equal in number to one moiety of the Fellows, or perfons ufually ftyled or reputed as Fellows, or, where there are or shall be no Fellows, or perfons ufually styled or reputed as Fellows, to one moiety of the Students upon the foundation, whereof any fuch college or houfe of learning doth, or may, by the prefent conftitution of fuch college or houfe of learning, confift, fhall, from and after the twenty-fourth day of June one thousand feven hundred and thirty-fix, be capable of purchafing, acquiring, receiving, taking, holding, or enjoying, any other advowfons of ecclefiaftical benefices by any means whatsoever; the advowsons of fuch ecclefiaftical benefices as are annexed to, or given for, the benefit or better fupport of the headships of any of the faid colleges or houfes of learning, not being computed in the number of advowfons hereby limited.

6. Provided always, that nothing in this Act contained fhall extend, or be conftrued to extend, to the difpofition, grant, or fettlement of any eftate, real or personal, lying or being within that part of Great Britain called Scotland.

43 Geo.

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