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p. 465
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And be it further Enacted, by the Authority, Advice and Consent
aforesaid, That the said Commissioners shall, for every Day they
sit in the Transaction of the Matters relating to this Act, be allowed
the Sum of Fifteen Shillings Current Money each, besides itinerant
Charges; and the Clerk of the said Commissioners shall be allowed
the Sum of Fifteen Shillings Current Money, for every Day he shall
attend such Commissioners, payable in Current Money, in the pub-
lic Levy of the Province; and the Sheriffs, Coroners, or Constables,
for serving any Summons, or other Process, by Order of said Com-
missioners, and the Witness, or Witnesses, shall have the same
Allowances as for like Summons or Process out of the Provin-
cial Court; and the said Commissioners, or the major Part of them,
or their Successors, and the major Part of them, are hereby impow-
ered and directed to tender, to all such Popish Priests or Jesuits, or
reputed Popish Priests or Jesuits, the Oaths of Allegiance, Abhor-
rency and Abjuration, and to require him or them to repeat and
subscribe the Test, and the Refusal of such Priest or Jesuit, to take
such Oaths, and repeat and sign the Test, shall be recorded among
the Records of the said Commissioners, and upon such Refusal or
Non-appearance of such Popish Priest or Jesuit, when summoned,
the same shall be taken as full and conclusive Evidence to prove such
Popish Priest or Jesuit a Popish Recusant Convict, and shall forfeit
all his or their Lands, Tenements and Hereditaments, to the Uses
mentioned in this Act.
And it is hereby Declared and Enacted, That it shall not be law-
ful for any Popish Priest or Jesuit, or any reputed Popish Priest or
Jesuit, to hold any Lands or Tenements, either in his own, or their
Right, or in Trust for him or them, within this Province, or to
keep on such Lands public Mass-Houses, or cohabit in Societies; and
in Case any such shall be, after the End of this Session of Assembly,
they shall be vested in the said Commissioners, and their Successors,
for the Uses herein before directed; and the said Commissioners, or
the major Part of them, and their Successors, or the major Part
of them, shall, and they are hereby impowered and directed to pro-
ceed to the Sale of the same, and Application and Payment of the
Money arising by such Sale in Manner as is herein before pre-
scribed and directed.
Provided nevertheless, That nothing in this Act shall be con-
strued to defeat, or make void, any Sale of any Lands, Tenements
or Hereditaments, made by any such Popish Priest or Jesuit, for a
valuable Consideration, really and bona fide made, agreeable to Law,
since the first Day of October, One Thousand Seven Hundred and
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