FORTUNE FOR FRIARS

Evening Star, Issue 15481, 1 May 1914, Page 8

FORTUNE FOR FRIARS

OLD LAWS WHICH HAVE LONG BEEN A DEAD LETTER. " They are, as they always have been from the first,, a dead letter," said Mr Justice Joyce in the Chancery Division, referring to the provisions of an old Act relating to religious Orders. The _ point arose during the hearing of an action in which the validity of a bequest of about £14,000 to the Franciscan Friars at Clevedon, Somerset, under the will of Mr Erasmus Bright Smith, of Cleyedon, ww contested Its validity was disputed by the next-of-kin on the ground that, as the Franciscans were under a vow of poverty, it could not be a gift to them personally, and that a bequeet to the society wai against the policy of the Roman Cat»holi« Emancipation Act of 1829. | Mr .luetics Joyce, in giving judgment, recalled the following provisions of the Act, which apply only to Orders consisting of men : Jesuits and members of other Catholio Orders in the United Kingdom must i s.cnd a scheduled notice to the Clerk of the Peace. Jesuits corning in-to the realm to be banished. Natural born subjects, being Jesuits, may return to the country and be registered . License may be granted to Jesuit* to come into the kingdom, and such licenses may be revoked. Admitting persons as members of such Orders in the United Kingdom to be deemed a misdemeanor, and anj person eo admitted to be banished. Persons not departing in case thej are ordered to be hanished may be removed, and if at large after thra months may be transported for life. " The sections relied on have never been enforced," said the Judge. "At the same time, even now I am not prepared confidently to deny that a bequest expressly directed to be applied in maintaining Jesuits or some forbidden Order in the United Kingdom might not be void on the same principle as applied to tb« legacy in what is known as the poacher*' case.* There the bequest was actually U pay the fines of poachers convicted at thi death of the, testator or within five yeaxf after, and that was construed as an en couragement to persons to commit mi* demeanors in the future." *Hk Lordship decided that the bequest in the present case was valid.