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THE ANNUAL INDEMNITY ACT,

According to the form in which such Acts are now usually passed, and as it stands in the latest of such Indemnity Acts,

7 and 8 Geo. IV. c. 13.,

is intitled

"An Act to indemnify such persons in the United Kingdom as have omitted to qualify themselves for Offices and Employments, and for extending the time limited for those purposes respectively." And is (so far as relates more particularly to omissions and defaults under the Corporation and Test Acts, in respect to the Sacramental Test,) to the effect following:

After a preamble, reciting that divers persons, who, on account of their offices, places, &c., or any other cause, &c., ought to have taken and subscribed the Oaths or assurance respectively appointed in and by the Acts therein mentioned (being the said Act 1; Geo. I. st. 2, c. 13; the Corporation Act; the Test Act; (a) the St. 30 Car. II. st. 2, an Act 8 Geo. I. c. 6 ; the said Act 9 Geo. 11. c. 26, and certain Acts 18 Geo. II. c. 20, and 6 Geo. III. c. 53), had," through ignorance of the law, absence, or some unavoidable accident," omitted to take and subscribe the said oaths and assurance, and make and subscribe the Declaration required by law, or otherwise, to qualify themselves as aforesaid, within such time, and in such manner, as in and by the said Acts respectively, or by any other Act of Parliament in that behalf made, is required, whereby they had incurred, or might be in danger of incurring, divers penalties and disabilities,

It is in and by sect. 1, for quieting the minds of his Majesty's subjects, and for preventing any inconvenience that might otherwise happen by means of such omissions, enacted, That all and every person or persons, who, at or before the passing of this Act, had or should have omitted, as aforesaid, and who after accepting any such office, place, &c., on account of which such qualification was required, had, before the passing of this Act, taken and subscribed the said oaths, or made the Declarations required by

(a) In this recital the Test Act is erroneously mentioned to be intitled "An Act for preventing the dangers which may happen from Popish Recusants by receiving the Sacrament of the Lord's Supper, according to the usage of the Church of England, and making and subscribing the Declaration against Transubstantiation therein mentioned."

law, and also received the Sacrament of the Lord's Supper, accord ing to the usage of the Church of England; or who, on or before the 25th day of March, 1828, should take and subscribe the said Oaths, Declarations, and Assurance respectively, in such cases wherein by law the said Oaths, Declarations, and Assurance ought to have been taken and subscribed in such manner, &c. as appointed in and by the said Act 1 Geo. I. or by any other Act or Acts of Parliament in that behalf; and also had received, or should on or before the said 25th day of March, 1828, receive the Sacrament of the Lord's Supper, according to the usage of the Church of England in such cases, wherein the said Sacrament ought to have been received, and had or [ought to] (c) have made or subscribed, or should, on or before the 25th day of March, 1828, make and subscribe the said Declaration against Transubstantiation; and also had made and subscribed, or should on or before the said 25th day of March, 1828, make and subscribe the said Declaration in the said statute, 30 Car. II., in such cases where the said Declaration ought to have been made, &c. [or to take (d) and subscribe the oath directed by the said Act 18 Geo. II., in such cases wherein the said oath ought to have been taken, &c., as by the said Act is directed,] should be, and are thereby indemnified, freed, and discharged from and against all penalties, forfeitures, incapacities and disabilities incurred, or to be incurred, for or by reason of any neglect or omission previous to the passing of this Act, of taking or subscribing the said oaths or assurance, or receiving the Sacrament, &c.; and such persons are actually recapacitated and restored to the same state as before such neglect or omission: and it was declared that they should be deemed &c., to have duly qualified him, her, or themselves, and that their election and acts should be of the same force, &c., as if such persons respectively had taken the said oaths, &c. and received the Sacrament, &c., according to the direction of the said Acts; and that the qualification of such persons qualifying themselves as appointed by this Act should be as effectual as if such persons had respectively taken the said oaths, &c., and received the Sacrament, &c. within the time, and in the manner appointed by the several Acts thereinbefore mentioned.

By Section 2, after reciting that several persons well affected to his Majesty's government, &c., and to the United Church of England

(c) The words "ought to," in this place, appear a palpable erratum in this and some of the former Acts.

(d) Quere.-The grammatical construction, or the meaning of the words "or to take." &c, and the rest of that clause to "directed."

and Ireland, had," through ignorance of the law, neglected or been by sickness or other unavoidable causes" prevented from taking and subscribing the Declaration, and receiving the Sacrament of the Lord's Supper, &c., according, &c., to an Act passed in the Parlisment of Ireland, 2nd of Anne (e), it is enacted, That such persons should be indemnified on taking, &c., the said Oaths, and making, &c., the said Declaration, in such manner as appointed by the lastmentioned Act, on or before the 25th day of March, 1828.

In Section 3 is a proviso in these words: "That this Act, or any thing therein contained, shall not extend, or be construed to indemnify any person against whom any final judgment shall have been given in any action of debt, bill, plaint or information, in any of his Majesty's Courts of Record, for any penalty incurred by having neglected to qualify himself within the time limited by law."

By Section 4, it is provided, That nothing contained in this Act should extend or be construed to exempt any Justice of the Peace within Great Britain from the penalties to which he is subject for acting as such without being possessed of the qualification required by the laws in force.

The Fifth Section provides indemnity in certain cases where the appointment of divers clerks of the peace and other public officers, and the admission of members and officers in cities, corporations, &c., may not have been duly provided or stamped; in case appointments and admissions should be produced duly stamped on or before the said 25th day of March, 1828.

By Section 6 it is provided, "That this Act or any thing therein contained, shall not extend or be construed to extend to restore or entitle any person or persons to any office or employment, benefice, matter, or thing whatsoever, already actually avoided by judgment of any of his Majesty's Courts of Record, or already legally filled up and enjoyed by any other person."

The Seventh and last Section enacts, That the persons thereby meant to be indemnified might plead the general issue.

(e) This Act-The Irish Test Act-2 Anne, c. 6, (Ireland) was repealed as to Protestant Dissenters, by 19 and 20 Geo. III. c. 6. (Ireland).

TAYLOR, PRINTER, BASINGHALL STREET.

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