Legislation

Oxford University Act 1860

This brief Act made clear that Craven Scholarships, mention of which had been omitted from the 1854 Oxford University Act, were to be deemed to be university emoluments within the meaning of that Act.

In the printed version the sections are numbered using Roman numerals (I, II, III etc).

The text of the Oxford University Act 1860 was prepared by Derek Gillard and uploaded on 16 October 2019.


Oxford University Act 1860

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


[page 681]

VICTORIA

Oxford University Act 1860

1860 CHAPTER 91

An Act for removing Doubts respecting the Craven Scholarships in the University of Oxford, and for enabling the University to retain the Custody of certain Testamentary Documents. [13th August 1860.]

WHEREAS it is expedient to remove certain Doubts respecting the Craven Scholarships in the University of Oxford, and to enable the University to retain the Custody of certain Testamentary Documents: 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:

1 Removing Doubts as to Scholarships founded by Will of Lord Craven

Whereas Doubts have arisen whether the Scholarships founded by the Will of John Lord Craven, and commonly called the Craven Scholarships, are included within the Words "University or College Emolument" in the Act of the Seventeenth and Eighteenth Years of the Reign of Her Majesty: Be it enacted, That the said Craven Scholarships shall be deemed to be University Emoluments within the Meaning of the said Act, and that all Statutes or


[page 682]

Regulations which heretofore and since the passing of the said Act have been made by the University and approved by Her Majesty in Council, conformably to the Conditions and Provisions of the said Act, in relation to the said Craven Scholarships, shall have the same Force and Effect as if the said Scholarships had been expressly named and included in the said Act as University Emoluments, and in Elections to the said Scholarships no Person shall be entitled to Preference by reason of his being of the Name or Kindred of the Founder: Provided that nothing herein or in the said Act or in such Statutes or Regulations contained shall preclude the High Court of Chancery from augmenting from Time to Time the Number of Scholars, whenever the increased Income of the Foundation shall permit.

2 University to retain the Custody of certain Testamentary Documents and transmit an Index thereof to Court of Probate

And whereas by an Act Twenty and Twenty-first Victoria, Chapter Seventy-seven, it was enacted that "the acting Judge and Registrar of every Court, and other Person now having Jurisdiction to grant Probate or Administration, and every Person having the Custody of the Documents and Papers of or belonging to such Court or Person, shall, upon receiving a Requisition for that Purpose, under the Seal of the Court of Probate from a Registrar, and at the Time and in the Manner mentioned in such Requisition, transmit to the Court of Probate, or to such other Place as in such Requisition shall be specified, all Records, Wills, Grants, Probates, Letters of Administration, Administration Bonds, Notes of Administration, Court Books, Calendars, Deeds, Processes, Acts, Proceedings, Writs, Documents, and every other Instrument relating exclusively or principally to Matters or Causes Testamentary, to be deposited and arranged in the Registry of each District, or in the principal Registry, as the Case may require, so as to be easy of Reference, under the Control and Direction of the Court:" And whereas in the Case of the Court of the Chancellor of the University of Oxford it has been found inconvenient to separate the Testamentary Records, Instruments, and Papers of or belonging to the said Court from the other Records, Instruments, and Papers thereof: Be it further enacted, That the Vice Chancellor of the said University shall, as soon as conveniently may be, cause to be made an Index to such of the Records and other Instruments and Papers whatsoever of or belonging to the said Court as relate exclusively or principally, to Matters or Causes Testamentary, which shall be as accurate as the Nature of the said Records and other Instruments and Papers will permit, and shall transmit a Copy of such Index to the Principal Registrar of Her Majesty's Court of Probate, and such Transmission thereof shall be a sufficient Compliance with the above-recited Enactment of the said Act, so far as regards the Court of the Chancellor of the said


[page 683]

University, and it shall thereafter be lawful for the said University, notwithstanding the said Act, to retain the Custody of all the Records, Documents, and Papers to which such Index shall relate: Provided that all the said Records, Instruments, and Papers shall at all convenient Times be liable to be inspected and to have Extracts or Copies taken therefrom by the Authority of the Principal Registrar of Her Majesty's Court of Probate, or of the District Registrar of the same Court at Oxford, on Payment of the Same Fees as would have been payable if such Records, Instruments, and Papers had been deposited in the principal Registry, or in the Registry of the Oxford District, as the Case might have required; such Fees to be paid to the same Person or Persons as would in that Event have been entitled to receive the same; and that no Officer of the said University, or of the said Court of the Chancellor thereof, shall be entitled to receive any Fee from any Person inspecting the said Records, or taking Extracts or Copies therefrom by the Authority aforesaid.