Acts of Parliament

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Oxford University Act 1856

This Act extended some of the provisions of the 1854 Oxford Univsersity Act.


Advowson: (in ecclesiastical law) the right to recommend a member of the Anglican clergy for a vacant benefice

The text of the Oxford University Act 1856 was prepared by Derek Gillard and uploaded on 2 January 2020.

Oxford University Act 1856

Crown copyright material is reproduced with the permission of the Controller of HMSO and the Queen's Printer for Scotland.

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An Act to amend the Act of the Seventeenth and Eighteenth Years of Her Majesty, concerning the University of Oxford and the College of Saint Mary Winchester. [23d June 1856.]

17 & 18 Vict. c. 81.

'WHEREAS an Act was passed in the Session of Parliament holden in the Seventeenth and Eighteenth Years of Her Majesty, Chapter Eighty-one, "to make further Provision for the good Government and Extension of the University of Oxford, of the Colleges therein, and of the College of St. Mary Winchester," and it is expedient to extend the Provisions of the said Act as herein-after mentioned:' Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:

The Powers of the Act to be exercised notwithstanding Foundations, &c. by Act of Parliament, &c.

I. The several Powers given by Sections Twenty-eight, Twenty-nine and Thirty-seven of the said Act may be exercised notwithstanding anything contained in any Act of Parliament, Decree, or Order constituting either wholly or in part an Instrument of Foundation or Endowment, or confirming or varying any Foundation or Endowment, or otherwise regulating any College or Hall, in respect of which any such Power may be exercised, in like Manner as if such Acts of Parliament, Decrees, and Orders had been expressly mentioned in the said Sections Twenty-eight and Twenty-nine.

Statutes approved under the Act may be amended during the Continuance of the Commission.

II. It shall be lawful for any College of or in relation to which any Regulation, Ordinance, or Statute shall have been approved by Her Majesty in Council under Section Thirty-six of the said Act, from Time to Time, with the Approval of the Commissioners, and during the Continuance of their Powers under the said Act, to amend or alter such Regulation, Ordinance, or Statute, subject to the same Conditions and Provisions as to the Approbation of Her Majesty in Council and all other Conditions and Provisions as are imposed by the Act in relation to the making of the original Regulation, Ordinance, or Statute.

Christ Church Canonries to be deemed College Emoluments.

III. The Canonries of Christ Church in Oxford which are not annexed by Law or Custom to any Professorship or Archdeaconry shall be deemed College Emoluments within the Meaning and for the Purposes of the said Act.

Power to sever Benefices from Headships of Colleges, &c.

IV. Where any Benefice with Cure of Souls is annexed to the Headship of a College or Hall, or where any Advowson is held in trust for the Head of such College or Hall, it shall be lawful for the College, or, where the Annexation or Trust affects the Headship of a Hall, for the University (at any Time during the continuance of the Commission), without Prejudice to any existing Interest of any Member of such College or Hall, and notwithstanding anything contained in any Act of Parliament or in any Deed or Instrument whatever, to make a Statute or Statutes for putting an end to such Annexation or Trust and for selling the

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Advowson of the Benefice so annexed or the Advowson so held in trust, or, if it be thought fit in the Case of a College, for adding such Advowson to those in the Patronage of the College, and for making, out of the College Revenues, or in the Case of a Hall out of the Proceeds of the Sale or the Investment of Such Proceeds, adequate Compensation to the Head for the consequent Diminution of his Income: Provided always, that all such Statutes shall be laid before the Commissioners, who shall have Power by Writing, under their Common Seal, to approve of or reject the same, or to remit the same from Time to Time for further Consideration or Revision, with Amendments or Alterations therein.

Elections to Emoluments may be suspended on the Application of the University or College.

V. Where, upon an Application of the University as to any University Emolument, or upon the Application of any College as to any Emolument within such College, it may appear to the Commissioners that it would be advisable, for the Purposes of the said Act, to suspend for a limited Period the Election to such Emolument (not being the Headship of a College or Hall), it shall be lawful for the Commissioners, by Instrument under their Common Seal, to authorize the University or such College, as the Case may be, to suspend such Election accordingly, for such a Time as may appear to the Commissioners sufficient for the Purposes aforesaid.

Regulations, &c. framed by Commissioners subject to Provisions of said Act.

VI. All Regulations, Ordinances, and Statutes framed by the Commissioners under Section Thirty-six of the said Act shall be subject to all the Conditions and Provisions contained in the said Act in relation to Regulations, Ordinances, or Statutes framed by the said Commissioners under the other Powers thereby conferred on them.

Certain Parts of 8 & 9 Vict. c. 18. incorporated herewith. 17 & 18 Vict. c. 81.

VII. The Lands Clauses Consolidation Act, 1845, except the Parts and Enactments of that Act with respect to the Purchase and taking of Lands otherwise than by Agreement, and with respect to the Recovery of Forfeitures, Penalties, and Costs, and with respect to Lands required by the Promoters of the Undertaking, but which shall not be wanted for the Purposes thereof, shall be incorporated with and form Part of this Act, and of the Oxford University Act, 1854, so far as relates to Land within One Mile and a Half of Carfax in the City of Oxford required for the Erection of any Buildings for the Extension of the Buildings of the said University, or of any College therein, and as if the Corporate Name of the University or College, as the Case may be, had been inserted therein instead of the Expression "the Promoters of the Undertaking."