ADDENDA.

eo. II1., , sec. 1.

ADDENDA TO PAGE 33.

(ss.) MEMBERS OF THE COMMONS PROHIBITED FROM CONTRACTING

FOR PUBLIC SUPPLIES.1

For securing the freedom and independence of Parliament After the end of this session, the 22 Geo. III., c. 45, enacts as follows:all persons Any person who shall directly or indirectly himself or by holding any person whatsoever in trust for him or for his use or benefit contracts, &c., for the public or on his account undertake, execute, hold or enjoy, in the service shall whole or in part, any contract, agreement or commission made be incapable or entered into with, under or from the Treasury, or the Navy of being or Victualling Office, or with the Ordnance, or with any other sitting in the person or persons whatsoever, for or on account of the public House of service, or shall knowingly and willingly furnish or provide in Commons.

1 This Act was passed at the instance of Sir P. J. Clarke, the member for
Totness. It was first introduced to the Commons in February1 1779, and notwith-
standing the opposition of Lord North and a Government contractor (Mr. Alderman
Harley), passed the second reading. It was again opposed in Committee and lost.
In 1780 it passed through the Commons but was opposed by the Government in the
House of Lords, and again lost. In November 1781 it was again stopped on the
motion made iu the Commons for going into Committee,3 but in the next year it
became law.

The Bill was supported by Mr. Fox and Mr. Whitbread; and the Ministry of
Lord Rockingham coming into power, Mr. Burke gave his advocacy to it. Lord
Thurlow (who was the Chancellor in both Ministries) opposed the Bill strenuously,
but Lord Camden and other Ministers defended it, and gained a majority of 25.6

In 1827, Mr. Bish, elected for Leominster, was held to be disqualified under
the Act as a contractor for lottery tickets with the Treasury. Mr. Bish's payment
was made on the 29th April 1826. The Drawing, first fixed for the 17th May, was
postponed until the 18th July. Mr. Bish was elected on the 12th June, and it was
contended that the contract was not completed until the final drawing. (Rogers on
Election Law, App., p. 1.)

In 1855 the question was raised whether Baron Rothschild, elected member for London (though not sitting, because he could not take the oath, "in the true faith of a Christian "), had incurred any of the penalties of the Act by negociating with the Treasury the Loan of 16,000,000l., raised under the authority of 18 Vic., cap. 18. The Select Committee, after hearing evidence and Counsel on behalf of Baron Rothschild, reported that there was no contract within the meaning of the Statute." In February 1856, a proposal was made to repeal the Act, but was not received with favour, and therefore was withdrawn.10

11

In 1869, Sir Sydney Waterlow was reported by a Select Committee of the
House as
disqualified under the Statute from sitting and voting as a Member of
the House," the fact being as follows.-In 1866, he was a Member of a firm who
accepted a contract for a supply of stationery until 1872. On the 16th October,
1868, he verbally agreed with his partners to retire from the firm as from the 30th
September preceding. On the 19th he was nominated, on the 21st the poll was
taken, and on the 23rd was declared elected for Dumfries. On the 26th November
he signed the deed of dissolution, and, on November the 27th, the Gazette notice of

120 Parl. Hist., pp. 124-9.
Ib., 1334.
1b., 17th July, 1855 (401), Vol. VII., p. 399.

221 ib., pp. 414-458. • Ib., pp 1377, 1382.

▲ 22 ib., p. 1211.
139 H. D (3), 72. 8 Ib., 182.
10 140 H. D. (3), pp. 678-1434,
11 Tb., 15th March 1869 (78), Vol. VII., p. 253.

3 Ib., 1387.

elected or

If any member accepts or continues to

pursuance of any such agreement, contract or commission
which he or they shall have made or entered into as aforesaid,
any money to be remitted abroad or any wares or merchandize
to be used or employed in the service of the public, shall be
incapable of being elected or of sitting or voting as a member
of the House of Commons during the time that he shall execute,
hold or enjoy any such contract, agreement or commission or
any part or share thereof, or any benefit or emolument arising
from the same.

If any person, being a member of the Honse of Commons, 23 Geo. III., shall, directly or indirectly himself or by any other person c. 45, sec. 2. hold any such whatsoever in trust for him or for his use or benefit or on his contract, &c., account enter into, accept of, agree for, undertake or execute, in the whole or in part, any such contract, agreement or

after the commence

ment of the next session,

be void.

dissolution was published. On the 2nd December he went to the Comptroller of his seat shall the Stationery Department to apprize him of his retirement, and to introduce his nephew as the future contractor. From the 30th September his profit, and from the 16th October his interference, ceased. The deed of 26th November had relation back to the agreement of the 16th October, and to the transfer of capital from the 30th September, which was, however, to remain in the business, carrying 57. per cent. interest, repaid by instalments.

Later1 in the same Session, a question was asked whether the Government did not intend to bring in a Bill to repeal the Act, but the suggestion was not accepted. The Act has come under the cognizance of the Courts of Law on two occasions, first in 1819, when the Court of Common Pleas2 held that the supply of regimental clothing to a Colonel did not disqualify the contractor from sitting in Parliament ; and again, in 1869, when two states of circumstances arose against the same member, and he was held not to be disqualified.3

The facts of the first case were these:-In January, 1868, the firm of which the Member was a partner held a contract to supply the Secretary of State for India with certain articles on demand. The supply was made in October, but it was not paid for until January 1869, the Member having been elected on a nomination on the 16th, a poll on the 17th, and an election on the 18th November 1868. The Court held that the contract having been executed on the part of the contractor, the mere fact of non-payment by the Secretary of State did not occasion a disqualification

The facts of the second case were these :— -On the 10th November 1868, the managers of the Broadmoor Asylum, acting under 23 & 24 Vic., cap. 75, sent a demand to the same firm for the delivery of furniture to the asylum, which demand was verbally accepted by the London Agent on the 16th November, and supplied on the 26th November, with an invoice of 77. 11s., which, however, had not been paid by the managers. These facts were not known to the constituency, and no notice was given that the votes recorded for the Member would be thrown away.

The Court held that the Member was not disqualified. There was an entire absence of any notice to the firm that the goods were ordered for or on account of the public service. They were ordered by a person who professed to be an agent for the Broadmoor Asylum, but who said nothing as to the nature of the asylum and it is found in the case that it was only at a very late period that the firm became aware that the Broadmoor Asylum really was a government establishment. The question therefore is, whether a casual isolated order for goods, which is unknown to the seller to be an order from government, and which is such an order as was only equivalent to a person going into a shop and asking for and buying an article that would be charged to the Treasury, falls within the meaning of the Act.

The view which the Court took is not at all inconsistent with the decisions of the Committees of the House of Commons in the case of Sir Sydney Waterlow and in the Leominster Case,4 because in both those cases there was at the time of the election something remaining to be done under the contract by the contractors; whereas here the contract was no longer executory.

1 194, H. D. (3), p. 482.

Royse v. Birley, 4 L. R. (C. P.), p. 800.

• Thompson v. Pearce, 1 Bro. & Bing, p. 25.

# Rogers on Elections, 10 Ed., App. p. 1.

22 Geo. III., c. 45, sec. 3.

Ibid, sec. 6.

Ibid, sec. 9.

commission as aforesaid, or if any person, being a member of
the House of Commons, and having already entered into any
such contract, agreement or commission, or part or share of
any such contract, agreement or commission, by himself or by
any other person whatsoever in trust for him or for his use or
benefit or upon his account, shall, after the commencement of
the next session of Parliament continue to hold, execute or
enjoy the same or any part thereof, the seat of every such
person in the House of Commons shall be and is hereby
declared to be void.1

Nothing herein contained shall extend or be construed to Not to extend
extend to any contract, agreement or commission made, to incorpor
entered into or accepted by any incorporated trading company companies.
ated trading
in its corporate capacity, nor to any company now existing or
established and consisting of more than ten persons, where
such contract, agreement or commission shall be made, entered
into or accepted for the general benefit of such incorporation
or company.

Nothing herein contained shall extend or be construed to Not to extend extend to any person on whom the completion of any contract, to contracts devolving by agreement or commission shall devolve by descent or limitation, descent, &c., or by marriage, or as devisee, legatee, executor or administrator, until after 12 until twelve calendar months after he shall have been in months' possession of the same.

*

possession.

sons who shall

after this ses⚫

If any person hereby disabled or declared to be incapable If any person to sit or vote in Parliament shall nevertheless be returned as a hereby dismember to serve for any county, stewartry, city, borough, be elected, qualified shall town, cinque port or place in Parliament, such election and election shall return are hereby enacted and declared to be void; and if any be void. person disabled and declared incapable by this Act to be Disabled per elected shall after the end of this present session of Parliament sit in the presume to sit or vote as a member of the House of Commons, House of such person so sitting or voting shall forfeit the sum of 5007. Commons for every day in which he shall sit or vote in the said house, to sion shall any person or persons who shall sue for the same in any of his forfeit 5001. Majesty's courts at Westminster, and the money so forfeited for each day. shall be recovered by the person or persons so suing with full costs of suit in any of the said courts, by any action of debt, bill, plaint or information, in which no essoin, privilege, protection or wager of law or more than one imparlance shall be allowed; or by summary complaint before the Court of Session in Scotland; and every person against whom any such penalty or forfeiture shall be recovered by virtue of this Act, shall be from thenceforth incapable of taking or holding any contract, agreement or commission for the public service, or any share thereof or any benefit or emolument for the same in any manner whatsoever.

The War Department has purchased or leased land from members without any regard to the provisions of the Act.

A condition

in all public

Commons

shall have any

In every such contract, agreement or commission to be 22 Geo. III., to be inserted made, entered into or accepted as aforesaid there shall be c. 45, sec. 10. contracts that inserted an express condition that no member of the House of no member of Commons be admitted to any share or part of such contract, the House of agreement or commission, or to any benefit to arise therefrom; and that in case any person or persons who hath or have share thereof. entered into or accepted or who shall enter into or accept any such contract, agreement or commission shall admit any member or members of the House of Commons to any part or share thereof, or to receive any benefit thereby, all and every such person and persons shall for every such offence forfeit and pay the sum of 500l., to be recovered with full costs of suit in any of his Majesty's courts of record at Westminster by any person or persons who shall sue for the same, by any action of debt, bill, plaint or information, in which no essoin, privilege, protection or wager of law or more than one imparlance shall be allowed; or by summary complaint before the Court of Session in Scotland.

Penalty on contractors who shall admit any member of

the House of Commons to any share of their contracts.

Limitation of actions.

No person shall be liable to any forfeiture or penalty Ibid, sec. 11. inflicted by this Act unless a prosecution shall be commenced within twelve calendar months after such penalty or forfeiture shall be incurred.

ADDENDA TO PAGE 50.

(dd.) AS TO RAILROADS.

The Regulation of the Forces Act,, 1871, enacts as follows:When Her Majesty, by Order in Council, declares that an emergency has arisen in which it is expedient for the public service that Her Majesty's Government should have control over the railroads in the United Kingdom, or any of them, the Secretary of State may, by warrant under his hand, empower any person or persons named in such warrant to take possession 34 & 35 Vict., in the name or on behalf of Her Majesty of any railroad in the Power of c. 86, sec. 16. United Kingdom, and of the plant belonging thereto, or of any Government

of emergency

part thereof, and may take possession of any plant without on occasion
taking possession of the railroad itself, and to use the same for to take posses-
Her Majesty's service at such times and in such manner as the sion of rail-
Secretary of State may direct; and the directors, officers, and roads.
servants of any such railroad shall obey the directions of the
Secretary of State as to the user of such railroad or plant
as aforesaid for Her Majesty's service.

Any warrant granted by the said Secretary of State in
pursuance of this section shall remain in force for one week only,
but may be renewed from week to week so long as, in the
opinion of the said Secretary of State, the emergency continues.

There shall be paid to any person or body of persons whose railroad or plant may be taken possession of in pursuance of this section, out of moneys to be provided by Parliament, such full compensation for any loss or injury they may have sustained by the exercise of the powers of the Secretary of State under this section as may be agreed upon between the said Secretary of State and the said person or body of persons, or, in case of difference, may be settled by arbitration in manner provided by "The Lands Clauses Consolidation Act, 1845."

Where any railroad or plant is taken possession of in the name or on behalf of Her Majesty in pursuance of this section, all contracts and engagements between the person or body of persons whose railroad is so taken possession of, and the directors, officers, and servants of such person or body of persons, or between such person or body of persons and any other persons in relation to the working or maintenance of the

1 The Crown holds the telegraph lines in its own hands, but as against Telegraph
Companies (if any) the 26 & 27 Vict., c. 112, amended by 29 Vict., c. 3, could be
put in force.
2 As to this power see Parliamentary Papers, No. 74, of 27th February 1877.