Oxford University Act 1854
This Act implemented some of the recommendations of the 1850 Royal Commission. It provided for the appointment of Commissioners to investigate the government of the university, and for the establishment of a Hebdomadal Council.
The 1856 Cambridge University Act did much the same for Cambridge.
The printed version of this Act does not have the usual preliminary pages setting out the contents, so I have created them here. The page numbers in this section (i-ii) are therefore arbitrary.
In the printed version the sections are numbered using Roman numerals (I, II, III etc).
The text of the Oxford University Act 1854 was prepared by Derek Gillard and uploaded on 11 August 2019.
Oxford University Act 1854
© Crown copyright material is reproduced with the permission of the Controller of HMSO and the Queen's Printer for Scotland.
1 Appointment of Commissioners
24 Certain Oaths illegal
Schedule A - Officers of the University
An Act to make further Provision for the good Government and Extension of the University of Oxford, of the Colleges therein, and of the College of Saint Mary Winchester. [7th August 1854.]
WHEREAS it is expedient, for the Advancement of Religion and Learning, to enlarge the Powers of making and altering Statutes and Regulations now possessed by the University of Oxford and the Colleges thereof, and to make and enable to be made further Provision for the Government and for the Extension of the said University, and for the Abrogation of Oaths now taken therein, and otherwise for maintaining and improving the Discipline and Studies and the good Government of the said University of Oxford and the Colleges thereof: 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 Appointment of Commissioners
The several Persons herein-after named, (that is to say,) the Right Honourable Dudley Earl of Harrowby, the Right Honourable
Francis Earl of Ellesmere, the Right Reverend Father in God Charles Thomas Lord Bishop of Ripon, the Honourable Sir John Taylor Coleridge, One of the Justices of the Court of Queen's Bench, the Very Reverend George Henry Sacheverel Johnson the Dean of Wells, Sir John Wither Audry, late Chief Justice of the Supreme Court of Bombay, and George Cornewall Lewis Esquire, shall be Commissioners for the Purposes of this Act, and shall have a Common Seal, and Three of the said Commissioners shall be a Quorum.
2 Duration of Powers of Commissioners
The Powers hereby conferred on the Commissioners shall be in force until the First Day of January One thousand eight hundred and fifty-seven, and it shall be lawful for Her Majesty, if She shall think fit, by and with the Advice of Her Privy Council, to continue the same until the First Day of January One thousand eight hundred and fifty-eight, and no longer.
3 Vacancy in Number of Commissioners
If any Vacancy occurs in the Number of such Commissioners by means of Death, Resignation, or Incapacity to act, Her Majesty may fill up such Vacancy.
4 Commissioners empowered to require Production of Documents etc
In the Exercise of the Authorities hereby vested in the Commissioners they shall have Power to require from any Officer of the University of Oxford, or of any College or Hall therein, the Production of any Documents or Accounts relating to such University, College, or Hall, and any Information relating to the Revenues, Statutes, Usages, or Practice thereof respectively; and no Oath which may have been taken by any such Officer shall be pleadable in bar of any Authorities of the said Commissioners.
5 Constitution of the University. Establishment of the Hebdomadal Council
Upon the Fourteenth Day of Michaelmas Term One thousand eight hundred and fifty-four, all Powers, Privileges, and Functions now possessed or exercised by the Hebdomadal Board of the said University shall cease, and upon the Fifteenth Day of the said Michaelmas Term One thousand eight hundred and fifty-four there shall be elected in manner herein-after mentioned a Council, which shall be called, the Hebdomadal Council, to which shall be transferred immediately after the Election thereof all Powers, Privileges, and Functions now possessed or exercised by the Hebdomadal Board of the said University.
6 Composition of Hebdomadal Council; As to Heads of Colleges and Professors being returned or sitting as professors, or Members of Convocation; Persons elected in Two or more Classes to declare under which Class they will sit
The Hebdomadal Council shall consist of the Chancellor, the Vice-Chancellor, the Proctors, Six Heads of Colleges or Halls, Six Professors of the University, and Six Members of Convocation of not less than Five Years standing, such Heads of Colleges or Halls, Professors, and Members of Convocation to be elected by the Con-
gregation herein-after mentioned of the said University, and the Chancellor, or in his Absence the Vice-Chancellor or his Deputy, being a Member of the Hebdomadal Council, shall be the President of such Hebdomadal Council:
Provided always, that nothing herein contained shall be held to prevent the Head of any College or Hall who is a Professor being returned or continuing to sit as One of the Six Professors, or the Head of any College or Hall, or a Professor, being returned or continuing to sit as One of the Six Members of Convocation;
and if any Person shall be elected a Member of the Hebdomadal Council in Two or more Classes he shall, when he first takes his Seat in the Council, declare under which Class he desires to sit, and his Seat for the other shall be forthwith vacated.
7 Date of Meeting
The Hebdomadal Council shall meet for the Despatch of Business on the Fifteenth Day of Michaelmas Term One thousand eight hundred and fifty-four.
8 Periodical vacating of Seats
Of the Six Persons to be then elected together out of each of the Classes of Heads of Colleges or Halls, Professors, and Members of Convocation, the Three Juniors of each Class in Academical Standing, reckoned from Matriculation, shall vacate their Seats at the Expiration of the Third Year from such Day within the then current Academical Year as shall be named by the Hebdomadal Council in that Behalf; and all the other Persons to be then elected shall vacate their Seats at the Expiration of the Sixth Year from the said Day; and all other Persons elected from Time to Time, except such as shall be so elected upon casual Vacancies, shall vacate their Seats at the Expiration of Six Years; and the Election to supply the Places of the Persons so vacating their Seats shall be made upon the Day on which Seats are vacated.
9 Members may be re-elected
All such Persons whatsoever shall be capable of Re-election.
10 Filling up of casual Vacancies
Any casual Vacancy occurring by Death, Resignation, or otherwise among such Persons shall be filled by the Election of a qualified Person, according to the Directions of this Act; but the Person so elected shall be subject to the same Rules and Conditions in all respects as the Person to whose Place he succeeds would have been subject to if no such Vacancy had taken place.
11 Vice-Chancellor to continue a Member
If the Vice-Chancellor for the Time being shall not be also an elected Member of the said Council, then, on the Expiration of his Term of Office, he shall in virtue of his late Office continue to be a Member thereof until the next triennial Election, or for the Space of One Year if such Election shall take place at an earlier Period.
12 Professors eligible
No Professor shall be ineligible for the said Council by reason of anything contained in the Statutes of his Foundation.
13 Non-residence to create a Vacancy
If any of the Members of the Hebdomadal Council other than the Chancellor of the University shall reside for less than Twenty-four Weeks during Term Time in any Year, his Seat shall at or before the Close of such Year be declared by the Vice-Chancellor and shall thereupon become vacant.
14 Vice-Chancellor to make Register of Congregation; also Regulations respecting Hebdomadal Council
The Vice-Chancellor shall, before the Twenty-fifth Day of September One thousand eight hundred and fifty-four, and before the same Day in each succeeding Year, make and promulgate a Register of the Persons qualified to the best of his Knowledge to be Members of the Congregation of the University of Oxford according to this Act, and shall also make and promulgate all such Regulations as to the said Register, and as to all Matters relating to the voting for, Election, Resignation, and Return of Members of the Hebdomadal Council, as may be necessary for the assembling together of the Congregation and for the Election and assembling together of the said Hebdomadal Council according to this Act, and for keeping the Number of such Council complete, and shall appoint the Time of the Day and Place at which they shall so assemble together; and if the Vice-Chancellor fails to comply with the Provisions of this Section, the Commissioners shall thereupon carry the same into effect, and thereupon make such Regulations in respect of the Matters aforesaid as they may think fit; and no Persons shall be admitted to vote in the Election of Members of the Hebdomadal Council but those included in such Register, and mentioned or described in the Sixteenth Section and the Schedule therein referred to.
15 Power to Hebdomadal Council to make Rules for Regulation of its own Proceedings
Subject to the Provisions of this Act, and without Prejudice to the Rights of Congregation and Convocation in the making of Statutes for the University of Oxford, the Hebdomadal Council shall have Power to make, from Time to Time, Rules for the Regulation of its own Proceedings, and to revise the Regulations and Register herein-before directed to be made by the Vice-Chancellor.
16 Composition of Congregation; Power to Congregation to frame Regulations for its own Proceedings
On and after the Fifteenth Day of Michaelmas Term One thousand eight hundred and fifty-four, the Congregation of the University of Oxford shall be composed of the following Persons only, the said Persons being Members of Convocation:
1. The Chancellor.
4. The Canons of Christ Church.The Chancellor, or in his Absence the Vice-Chancellor or his Deputy, shall preside in the said Congregation, and the Congregation so constituted as aforesaid shall have Power to frame Regulations for the Order of its own Proceedings, but subject to any Statute which the University may make in respect thereof.
17 As to Promulgation of Statutes
Every Statute framed by the Hebdomadal Council shall, after due Notice of the Contents thereof, be promulgated in Congregation, and shall also be proposed there for Acceptance or Rejection after an Interval of Seven Days, or such other Interval as the University by Statute may appoint, and if accepted by Congregation shall be, after an Interval of Fourteen Days, or such other Interval as the University by Statute may appoint, submitted to Convocation for final Adoption or Rejection as a Statute of the University.
18 Proposal of Amendments
Any Member of Congregation may, upon the Promulgation of any such Statute, propose, in Writing, Amendments thereof to the Hebdomadal Council, which the said Council shall consider, and thereupon may adopt, alter, or reject.
19 If Change made, Statute to be repromulgated
If after the Promulgation of a Statute the said Council shall make any Change in it, it shall thereupon be promulgated afresh in manner aforesaid.
20 Congregation may speak in English
The Members of Congregation shall upon the Occasion of the Promulgation of any Statute have the Right to speak thereon in the English Tongue, but without the Power of moving any Amendment, and subject to such Regulations as the University may make by Statute for the due Order of Debate.
21 As to Election of Hebdomadal Council
Upon any Occasion of electing Members of the Hebdomadal Council, every Person entitled to vote in such Election shall have the Power of giving Votes in each Class as follows: for One Vacancy,
One Vote; for Two or Three Vacancies, Two Votes; for Four Vacancies, Three Votes; for Five or Six Vacancies; Four Votes: Provided always, that no Elector shall give more than One Vote for any One Candidate.
22 Powers of Convocation retained
The Convocation of the University of Oxford shall not, save as herein provided, be deprived of any of the Powers by it now lawfully possessed.
23 University may provide that Votes may be given by Proxy at Election of Chancellor
It shall be lawful for the University to provide by Statute, if it shall think fit, that Votes may be given either personally or by Proxies, being Members of Convocation authorized by Writing under the Hand of the Member of Convocation nominating such Proxy, at any Election of a Chancellor of the University.
24 Certain Oaths illegal
Every Oath directly or indirectly binding the Juror -
Not to disclose any Matter or Thing relating to his College, although required so to do by lawful Authority;shall from the Time of the passing of this Act be an illegal Oath in the said University and the Colleges thereof, and no such Oath shall hereafter be administered or taken.
25 Power to Vice-Chancellor to license Members of Convocation to open their residences for Reception of Students;
It shall be lawful for any Member of Convocation, of such Standing and Qualifications as may be provided by any Statute hereafter to be made, to obtain a Licence from the Vice-Chancellor to open: his Residence, if situate within One Mile and a Half of Carfax, for the Reception of Students, who shall be matriculated and admitted to all the Privileges of the University without being of necessity entered as Members of any College or existing Hall; but no such Licence as aforesaid shall be granted by the Vice-Chancellor until such Regulations as are herein-after mentioned have come into operation.
26 who shall be called Licensed Masters
Every Person to whom such Licence is granted shall be called a Licensed Master, and his Residence so opened as aforesaid shall be called a Private Hall.
27 Power of University to make Statutes
For the Purpose of carrying into effect the Objects proposed by this Act in relation to Private Halls, the University is hereby specially empowered, at any Time before the First Day of
Michaelmas Term One thousand eight hundred and fifty-five, by Statute, to be approved as herein-after mentioned, to do the following Things:
To fix the Terms and Conditions of granting Licences to Licensed Masters, and the Qualifications of such Masters:28 Colleges may amend Statutes with respect to Eligibility to Headships etc
And whereas it is expedient, for the Interests of Religion and Learning, to enable Colleges to alter and amend their Statutes with respect to Eligibility to Headships, Fellowships, and other College Emoluments, and the Tenure thereof, and to ensure the same being conferred according to personal Merits and Fitness, and for that Purpose to modify or abolish any Preference, and to make Ordinances for promoting the main Designs of the Founders and Donors, and in the Case of some of the Colleges for rendering Portions of their Property or Income available to Purposes for the Benefit of the University at large, for the Consolidation, Division, or Conversion of Emoluments, including therein the Conversion of Fellowships attached to Schools into Scholarships or Exhibitions so attached, and of Fellowships otherwise limited into Scholarships or Exhibitions, either subject or not to any similar or modified Limitation, and generally to make further Provision for maintaining and improving the Discipline, Studies, and good Government of the said Colleges, and for amending, with the Consent of the Visitor, the Statutes thereof from Time to Time; Be it enacted, That it shall be lawful for every College, at any Time before the First Day of Michaelmas Term One thousand
eight hundred and fifty-five, without Prejudice to any existing Interest of any Member of such College, and notwithstanding anything contained in the Statutes, Charters, Deeds of Composition, or other Instruments of Foundation or Endowment of any College, to make Regulations and Ordinances for the Purpose of effecting or advancing any of the aforesaid Objects and Purposes: Provided always, that all such Regulations and Ordinances shall be laid before the Commissioners, who shall have Power, by Writing under their Common Seal, to approve of or reject the same, and may from Time to Time remit the same for further Consideration or Revision, with Amendments or Alterations therein.
29 When Colleges omit to make Statutes, Commissioners may frame Ordinances
Provided always, That if the Powers herein-before granted to Colleges shall in the Case of any College not be exercised, and no Ordinance or Regulation for effecting the Objects of such Powers shall be submitted by such College to the Commissioners, and approved of by them, before the First Day of Michaelmas Term One thousand eight hundred and fifty-five, it shall be lawful for the Commissioners to frame such Ordinances and Regulations as shall appear to them to be necessary or expedient for the Purpose of effecting or promoting the Objects which the College is herein-before empowered to effect or promote; and such Ordinances and Regulations, if sanctioned and confirmed as herein-after required, shall take effect as Statutes of such College, notwithstanding anything contained in the Statutes, Charters, Deeds of Composition, or other Instruments of Foundation or Endowment thereof: Provided always, that such Ordinances and Regulations, when properly settled by the Commissioners, shall be laid before the College to which the same relate, and the Visitor thereof, Two Calendar Months before the same are submitted to Her Majesty in Council, as herein-after directed; and if within the said Period of Two Calendar Months Two Thirds of the Governing Body of the said College shall by Writing under their Hand and Seal declare that in their Opinion such Ordinances and Regulations will be prejudicial to the said College as a Place of Learning and Education, then the same shall not take effect, but it shall be lawful for the Commissioners to frame and submit other Rules and Regulations for the like Purpose to the said College, and so on as often as Occasion shall require.
30 Power of University to alter Trusts
And further, if in the Case of any Gift or Endowment held by the University which has taken effect for more than Fifty Years, it shall appear to the said University that the Interests of Religion and Learning, and the main Design of the Donor, may be better advanced by an Alteration of the Trusts or Directions affecting such Gift or Endowment, it shall be lawful for the University to alter or
modify such Trusts or Directions, and to frame a new Statute for the Application of such Gift or Endowment in such Manner as may better advance the Purposes aforesaid; but no such Statute shall take effect until the same shall have been assented to by the Commissioners under their Seal, and shall also have received the Approbation of Her Majesty, to be signified by an Order in Council.
31 Right of Preference belonging to Schools not to be abolished if Governors of Schools or Charity Commissioners dissent therefrom
If in the Execution of the Powers of this Act it shall be proposed by any College, or by the Commissioners, to make any Regulation or Ordinance for the Abolition of any Right of Preference in Elections to any Emolument within any College now lawfully belonging to and enjoyed by any School or other Place of Education beyond the Precincts of the University, individually named or designated in any Statute, Deed of Composition, or other Instrument of Foundation or Endowment, Notice thereof shall be given in Writing to the Governing Body of every such School or Place of Education, and also to the Commissioners appointed under "The Charitable Trusts Act, 1853," at least Two Calendar Months before any final Resolution for that Purpose shall be adopted by such College or by the Commissioners; and in Cases where it is proposed by such Regulation or Ordinance to abolish any Right of Preference in Elections to any Emolument other than a Fellowship or Studentship, no such Regulation or Ordinance shall be made if within Two Calendar Months after receiving such Notice Two Thirds of the said Governing Body, or if there shall be several Schools interested in such Right of Preference then Two Thirds of the aggregate Body composed of the several Governing Bodies of such Schools, or the said Commissioners appointed under "The Charitable Trusts Act, 1853;" shall by Writing under their Hands and Seals declare their Opinion that such Regulation or Ordinance would be prejudicial to such School or Place of Education as a Place of Learning and Education: Provided always, nevertheless, that every such Right of Preference, when retained, shall be subject to all such Regulations and Ordinances as may be made by any College, or by the Commissioners, under the Powers given by this Act, for the Purpose of making such Emolument more conducive to the mutual Benefit of such College and such School or Place of Education as aforesaid, or of throwing the same open to general or extended Competition upon any Vacancy for which no Candidate or Claimant of sufficient Merit may offer himself from any School or Place of Education so entitled as aforesaid: Provided also, that where any such Governing Body as aforesaid shall be a Corporate Body the Governing Body of the Corporation shall be deemed the Governing Body of the School; and when any Right of Preference shall belong to any School contingently only upon the Failure of fit Objects from some other School or Schools entitled to and in the Enjoyment of a
prior Right of Preference, then and in such Case the Power of Dissent hereby given shall only belong to the Governing Body or Governing Bodies of the School or Schools entitled to and in the Enjoyment of the First Right of Preference; and if in any College where Fellowships or Studentships are tenable by Undergraduates either the College or the Commissioners acting in respect thereof shall divide its Fellowships or Studentships into Elder and Younger, the Elder only shall be taken to be Fellowships or Studentships within the Meaning of this Section.
32 Notice served on the Principal of any School to be sufficient Notice to the Governing Body
Provided always, That where any such Notice in Writing as aforesaid is required to be given to the Governing Body of any School or Place of Education, such Notice, if served on the Master or Principal of any such School or! Place of Education, shall be deemed and taken to be a sufficient Notice to the Governing Body of the same School or Place of Education, for all the Purposes of this Act.
33 Ordinances and Regulations objected to by Governing Body of College etc to be laid before Parliament
Provided always, That all Ordinances and Regulations framed by the Commissioners, and objected to by Two Thirds of the Governing Body or Bodies of the College, School or Schools, to which the same respectively relate, shall, in all Cases where new Ordinances and Regulations shall not have been substituted under the Provisions of this Act for such as shall have been so objected to, be embodied in a Report to be transmitted forthwith to One of Her Majesty's Principal Secretaries of State, and laid before the Two Houses of Parliament.
34 College of St Mary of Winchester to be subject to this Act
The College of Saint Mary of Winchester near Winchester shall for the Purposes of this Act be subject to the Provisions of this Act with respect to Colleges, and shall have the same or the like Powers as are hereby given to the Colleges of the University, and be subject to the Authorities hereby conferred on the Commissioners for the Alteration and Amendment of Statutes, in like Manner as is hereby provided with respect to the Colleges of the University, but without Prejudice to the Powers and Authorities, if any, of the Commissioners under "The Charitable Trusts Act, 1853."
35 Ordinances, Regulations, and Statutes to be laid before the Queen in Council; Power to Colleges etc to petition Her Majesty against Approbation thereof etc
All Regulations and Ordinances which, under the Power herein-before contained, shall be made by any College, and be approved of by the Commissioners, and all Ordinances and Regulations which shall be framed by the Commissioners, and shall not be objected to as aforesaid by Two Thirds of the Governing Body of the College to which the same relate, and every Statute passed by the University under the Power lastly herein-before contained, shall, after the Expiration of Two Calendar Months from the Time when the same respectively shall
have been approved of by the Commissioners, or submitted to the College, or passed by the University, be laid before Her Majesty in Council, and forthwith published in the London Gazette;
and it shall be lawful for every College, and for the Visitor thereof, and for the Trustees, Governors, and Patron of any University or College Emolument, and for any other Person directly affected by such Regulations, Ordinances, or Statute, within One Month after the Publication as aforesaid in the London Gazette, to petition Her Majesty in Council against the Approbation thereof or of any Part thereof; and every such Petition shall be referred by Her Majesty by Order in Council for the Consideration and Advice of Five Members of Her Privy Council, of whom Two, not including the Lord President, shall be Members of the Judicial Committee, who shall be named in such Order, and such Five Members may, if they think fit, admit any Petitioner or Petitioners to be heard by Counsel in support of his or their Petition.
36 Regulations, Ordinances, and Statutes to be laid before Parliament
All Regulations, Ordinances, and Statutes which shall be so published in the London Gazette as aforesaid shall be at the same Time laid before both Houses of Parliament, if Parliament be sitting, or if not, then within Three Weeks after the Commencement of the next ensuing Session of Parliament; and, unless an Address is within Forty Days presented by One or other of the said Houses, praying Her Majesty to withhold her Consent from such Regulations, Ordinances, or Statute, or any Parts thereof, or unless the same shall be rejected on such Petition as aforesaid, it shall be lawful for Her Majesty, by Order in Council, to declare Her Approbation of such Regulations, Ordinances, and Statute respectively, or any Parts thereof to which such Address shall not relate, and the same shall thereupon become Statutes of the University of Oxford, or of the College therein to which the same respectively relate; and if any such Regulations or Ordinances or Statute, or any Part thereof, shall not be so approved by Her Majesty, then the Commissioners may thereupon proceed to frame other Regulations or Ordinances or Statute in the Matter, and so on from Time to Time as often as Occasion shall require.
37 Powers granted to Colleges granted to University as to Halls and Private Halls; If University omit to frame Statutes etc, it shall be incumbent on Commissioners to do so
The Powers herein-before granted to Colleges with respect to themselves severally are hereby granted to the University in relation to Halls and Private Halls, so far as they may be applicable thereto; subject to the like Confirmation by the Commissioners, but such Powers shall cease on the First Day of Michaelmas Term One thousand eight hundred and fifty-five;
and if the said University shall not by that Day have framed and submitted, for the Approval of the, Commissioners, such Statutes, or Ordinances as may, in the
Opinion of the Commissioners, be sufficient for carrying into effect the Objects of this Act with respect to existing Halls and the Establishment and Regulation of Private Halls, it shall be incumbent on the Commissioners, as soon as possible after such Day as aforesaid, to proceed themselves to frame Statutes in respect of any Matters or Things so left undone or imperfect by the said University, and such Statutes shall be laid before Her Majesty in Council, and shall be subject to all the Provisions herein-before contained touching such other Regulations, Ordinances, and Statutes as aforesaid.
38 Commissioners to have regard to reasonable Designs of College etc
In giving effect to their Powers or any of them with respect to Colleges and Halls, the Commissioners shall have regard, among other things, to making due Provision, firstly, for the Wants and Improvement of the College or Hall, and the Advancement of Religion and Learning among its own Members, and, secondly, for Aid towards the Establishment of the Professoriate of the said University on an enlarged Basis in the several main Branches of Science and Letters, and with adequate Duties and Emoluments, by appropriating Portions of the divisible Revenues of any College for that Purpose, in Cases where the Founder of the College hath directed Lectures to be delivered for the Benefit of the University, or where it shall appear to the Commissioners that the College is well able to make such Provision.
39 Power to repeal Statutes
Every Statute made by the University of Oxford, or by any of the Colleges thereof, by virtue of the Powers of this Act, shall be subject to Repeal or Alteration in the same Manner and to the same Extent, but not otherwise, in and to which other Statutes of the said University or College, as the Case may be, are or may be subject to Repeal or Alteration by the Authorities thereof.
40 Statutes by Commissioners subject to Repeal etc
Every Statute made by the Commissioners in pursuance of the Provisions of this Act, and likewise all Provisions herein-before contained, respecting the Election, Constitution, Powers, and Proceedings of the Hebdomadal Council, and respecting the Constitution, Powers, and Proceedings of the Congregation, shall be subject to Repeal and Alteration by the University or College, as the Case may be, with the Approval of Her Majesty in Council.
41 Christ Church deemed a College
For the Purposes of this Act, the Cathedral or House of Christ Church in Oxford shall be considered to be to all Intents and Purposes a College of the University.
42 Persons becoming Members not to possess vested Interests
No Person who, alter the passing of this Act, shall become a Member of any College, or shall be elected or become eligible to
any University or Collegiate Emolument, shall be deemed or taken to have acquired or to possess an existing Interest within the Meaning of this Act.
43 Not necessary to make Declaration or take an Oath on matriculating;
From and after the First Day of Michaelmas Term One thousand eight hundred and fifty-four, it shall not be necessary for any Person, upon matriculating in the University, of Oxford, to make or subscribe any Declaration, or to take any Oath, any Law or Statute to the contrary notwithstanding.
44 nor on taking a Degree
From and after the First Day of Michaelmas Term One thousand eight hundred and fifty-four, it shall not be necessary for any Person, upon taking the Degree of Bachelor in Arts, Law, Medicine, or Music in the University of Oxford, to make or subscribe any Declaration, or take any Oath, any Law or Statute to the contrary notwithstanding; but such Degree shall not as such constitute any Qualification for the holding of any Office which has been heretofore always held by a Member of the United Church of England and Ireland, and for which such Degree in the said University has heretofore constituted One of the Qualifications, unless the Person obtaining such Degree shall have taken such Oaths and subscribed such Declarations as are now by Law required to be made and taken on obtaining such Degree, either at the Time of taking such Degree or subsequently.
45 University Court to be subject to the Rules of the Common Law
From and after the passing of this Act, the Court of the Vice-Chancellor of Oxford shall in all Matters of Law be governed by the Common and Statute Law of the Realm, and not by the Rules of the Civil Law; and it shall be lawful for any Three of the Judges of the Superior Courts to make such Rules as they may deem fit for the Regulation of the Procedure of the said Court; and the said Court shall proceed in all Matters subject to the said Rules in conformity with the Mode of Procedure established in the County Courts.
46 Stamp Duties abolished
The Stamp Duties now payable on Matriculations and Degrees shall be abolished so soon as Provision shall have been made by the University, to the Satisfaction of the Lords Commissioners of Her Majesty's Treasury, in lieu of the Monies heretofore voted annually by Parliament.
47 Powers of University to continue in force, except as altered by this Act
Except in so far as they are expressly altered or taken away by the Provisions of this Act, the Powers and Privileges of the University and its Officers, and of the Colleges and their Officers, shall continue in full Force.
48 Interpretation of Terms
In the Construction of this Act, the Expression "University or College Emolument" shall include all Fellowships, Studentships, Scholarships, Exhibitions, Demyships, Postmasterships, Taberdarships, Bible Clerkships, Servitorships, and every other such Place of Emolument payable out of the Revenues of the University, or of any College, or to be held and enjoyed by the Members of any College or Hall as such within the University; the Word "Scholarship" shall include the Bursaries appropriated to any College in Scotland; and the Word "School" shall include Colleges in Scotland; and the Words "Professor" and "Professorship" shall be taken to include respectively Public Readers, Prælectors, and their several Offices; and the Words "Public Examiner" shall be taken to include Moderators and Masters of the Schools; and the Word "Hall" shall be taken to mean all Halls other than affiliated Halls or such Private Halls as are authorized by this Act; and the Governing Body of any College shall mean and include the Head and all actual Fellows thereof, being Graduates, but in the Case of Christ Church shall mean the Dean and Canons thereof; and the Word "Residents" shall mean and include all Members of Convocation who shall have resided Twenty Weeks within One Mile and a Half of Carfax during the Year that shall expire on the First Day of September next preceding the making and Promulgation of the Register as directed by the Fourteenth Section of this Act.