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7 Anne, c. 20, s. 22.

Registrar of
Middlesex.

7 Anne, c. 20, s. 22.

No member of Parliament shall be capable of being registrar, or of executing by himself or any other person or persons the said office, or to have, take, or receive any fee or other profit whatsoever issuing out of the said office, or for or in respect thereof; nor shall any such registrar or his deputy or any person or persons receiving profit out of the said office be at any time hereafter capable of being or of being chosen a member to serve in Parliament.

1 Geo. 1, c. 56. Pensioners.

Penalty.

6 Geo. 1, c. 18, s. 10.

Officers of

Exchange and

London
Assurance

companies.

1 Geo. 1, c. 56.

1. No person having any pension from the Crown for any term or number of years, either in his own name, or in the name or names of any other person or persons in trust for him, or for his benefit, shall be capable of being elected or chosen a member of, or of sitting or voting as a member of this present or any future House of Commons which shall be hereafter summoned.

By 22 Geo. 3, c. 82, s. 30, it is enacted that any sum or sums of money given by way of royal bounty to any person more than once in three years shall be regarded a pension or pensions to all intents and purposes whatsoever. A pension granted to a wife before marriage has been considered not to disqualify the husband: Reading, Corbet & Daniel, 114.

2. And be it further enacted by the authority aforesaid, That if any person who shall have such pension, as aforesaid, at the time of his being so elected, or at any time after, during such time as he shall continue or be a member of the House of Commons, shall presume to sit or vote in that House, then and in such case, he shall forfeit twenty pounds for every day in which he shall so sit or vote in the said House of Commons, to such person or persons who shall sue for the same in any of his Majesty's Courts in Westminster Hall; and the moneys so forfeited shall be recovered by the person so suing, with full costs of suit in any of the said Courts, by action of debt, bill, plaint, or information, in which no essoin, privilege, protection, or wager of law shall be allowed, and only one imparlance.

elot 18,0.10.

6 Geo. 1, c. 18, s. 10.

No person which shall be governor, director, or other officer of either of the said corporations to be erected shall for that cause only be disabled from being a member of Parliament.

The Royal Exchange Assurance and London Assurance Corporations were created by charter in virtue of this Act, and in consideration of £300,000.

7 Geo. 2, c. 16, s. 4.

7 Geo. 2, c. 16,

S. 4.

No Judge of the Court of Session or justiciary or Baron of the Court of Exchequer in Scotland shall be capable of being Scotch Session elected or of sitting or voting as a member of the House of judges. Commons in any Parliament which shall be hereafter summoned

and holden.

As to English judges, see p. 382; as to Irish judges, see p. 382.

P382 Inish Jud
Judges

15 Geo. 2, c. 13, s. 8.

15 Geo. 2,

c. 13, s. 8.

Officers of

No person in respect of his being governor, deputy governor, director, manager, or member of the said company, or for having any stock or share therein, or for any matter or thing to be by Bank of Enghim done or performed in the affairs of the said corporation, land qualified. shall be now or at any time hereafter disabled from being or continuing or from being elected or serving as a member of Parliament.

By 5 & 6 Will. & M. c. 20, s. 82 (p. 347), members of the Bank of England are qualified.

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15 Geo. 2, c. 22, ss. 1–3.

1. No person who shall be commissioner of the Revenue in Ireland, or commissioner of the navy or victualling offices, nor any deputies or clerks in any of the said offices, or in any of the several offices following; that is to say, the office of Lord High Treasurer, or the commissioners of the Treasury, or of the auditor of the receipt of his Majesty's Exchequer, or of the tellers of the Exchequer, or of the Chancellor of the Exchequer, or of the Lord High Admiral, or the Commissioners of the Admiralty, or of the Paymasters of the Army, or of the Navy, or of his Majesty's principal Secretaries of State, or of the commissioners of the salt, or of the commissioners of the stamps, or of the commissioners of appeals, or of the commissioners of wine licences, or of the commissioners of Hackney coaches, or of the commissioners of hawkers and pedlars, nor any persons having any office civil or military, within the Island of Minorca, or in Gibraltar, other than officers having commissions in any regiment there only, shall be capable of being elected, or of sitting or voting as a member of the House of Commons, in any Parliament which shall be hereafter summoned and holden.

The object of this Act seems to be to extend the operation of s. 24 of 6 Anne to deputies and clerks. The disqualification is absolute and not removable by re-election.

The inclusion of persons having any military office in Minorca and Gibraltar within this disqualification repeals to that extent s. 28 of 6 Anne, c. 7, qualifying officers in the army receiving any "new or other commission." By 56 Geo. 3, c. 46, s. 8, p. 365, the auditor of the Civil List is declared incapable of being elected to or of sitting or voting in Parliament.

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15 Geo. 2,

c. 22, ss. 1-3.

Clerks in
Offices.

Returns void.
Penalty.

Saving for officers.

2. And be it further enacted by the authority aforesaid, that if any person hereby disabled or declared to be incapable to sit or vote in any Parliament hereafter to be holden, shall nevertheless be returned as a member to serve for any county, stewartry, city, borough, town, cinque port, or place in Parliament, such election and return are hereby enacted and declared to be void to all intents and purposes whatsoever: And if any person disabled and declared incapable by this Act to be elected, shall, after the dissolution, or other determination of this present Parliament, presume to sit or vote as a member of the House of Commons in any Parliament to be hereafter summoned, such person so sitting or voting, shall forfeit the sum of twenty pounds for every day in which he shall sit or vote in the said House of Commons, to such person or persons who shall sue for the same in any of his Majesty's Courts at Westminster; and the money so forfeited, shall be recovered by the persons so suing, with full costs of suit, in any of the said Courts, by action of debt, bill, plaint, or information, in which no essoign, privilege, protection, or wager of law shall be allowed, and only one imparlance, and shall from thenceforth be incapable of taking, holding, or enjoying any office of honour or profit under his Majesty, his heirs, or successors.

3. Provided always, and it is hereby enacted and declared by the authority aforesaid, That nothing in this Act shall extend, or be construed to extend or relate to, or exclude the Treasurer or Comptroller of the Navy, the Secretaries of the Treasury, the Secretary to the Chancellor of the Exchequer, or Secretaries of the Admiralty, the Under Secretary to any of his Majesty's principal Secretaries of State, or the Deputy Paymaster of the Army, or to exclude any person having or holding any office or employment for life, or for so long as he shall behave himself well in his office; anything herein contained to the contrary notwithstanding.

The proviso in favour of offices for life or during good behaviour suggests that the Act was directed to disqualifying persons holding office during pleasure. This section appears to allow only two Under Secretaries in the House of Commons, but by 21 & 22 Vict. c. 106 (p. 374), there may be four Under Secretaries in the House.

21 Geo. 2,

c. 19, s. 11.

21 Geo. 2, c. 19, s. 11.

No sheriff depute or stewart depute of any county, shire, or Scotch sheriffs. stewartry in Scotland shall be capable of being elected or of sitting or voting as a member of the House of Commons.

By 2 & 3 Will. 4, c. 65, s. 36 (the Scotch Reform Act), sheriffs substitute, sheriff clerks, and deputy sheriffs, are disqualified for their shires, and town clerks and depute town clerks for their districts.

22 Geo. 3, c. 45.

22 Geo. 3,

c. 45.

Contractors for

service.

1. Any person who shall, directly or indirectly, himself, or by any person whatsoever in trust for him, or for his use or benefit, or on his account, undertake, execute, hold, or enjoy, in the the public whole or in part, any contract, agreement, or commission, made or entered into with, under, or from the commissioners of his Majesty's Treasury, or of the navy or victualling office, or with the Master General or Board of Ordnance, or with any one or more of such commissioners, or with any other person or persons whatsoever, for or on account of the public service; or shall knowingly and willingly furnish or provide, in 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 merchandise 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.

Any other person on account of the public service.] These words are limited to persons ejusdem generis with the persons preceding, and the section does not apply to the colonel of a regiment ordering on his personal responsibility clothes for his regiment, although paid for by public money (Thompson v. Pearce, 1 Brod. & Bing. 25). Where nothing remains to be done under the contract but the payment of the consideration by the government department, the section does not apply (Royse v. Birley, L. R. 4 C. P. 296; 38 L. J. Rep. C. P. 203). It was considered that loan contractors did not come within the section (Rothschild's Case, 139 Hansard, 951); why, it is difficult to see, but a clause is generally inserted in the Act which authorizes the loan, excluding this Act (see 19 & 20 Vict. c. 5, s. 26, and other Acts).

The words used are very wide, and would seem to impose a disqualification upon all persons receiving emoluments from public departments during the period of their employment, and until they are paid, e.g., counsel to public departments, secretaries to commissions.

2. If any person, being a member of the House of Commons, Seat void. shall directly or indirectly, himself, or by any other person whatsoever in trust for him, or for his use or benefit, or on his account, enter into, accept of, agree for, undertake, or execute, in the whole or in part, any such contract, agreement, or 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.

22 Geo. 3,
c. 45.

Contractors for
Public Service.

Saving for
companies.

Saving for contracts by descent.

Election void.

Penalty.

Condition in public contracts as to members.

Penalty.

3. Provided always, That nothing herein contained shall extend, or be construed to extend, to any contract, agreement, or commission, made, entered into, or accepted, by any incorporated trading company 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.

6. Provided also, and be it enacted, That nothing herein contained shall extend, or be construed to extend, to any person on whom, after the passing of this Act, the completion of any contract, agreement, or commission, shall devolve by descent or limitation, or by marriage, or as devisee, legatee, executor, or administrator, until twelve calendar months after he shall have been in possession of the same.

9. And be it further enacted by the authority aforesaid, That if any person hereby disabled, or declared to be incapable to sit or vote in Parliament, shall nevertheless be returned as a member to serve for any county, stewartry, city, borough, town, cinque port, or place, in Parliament, such election and return are hereby enacted and declared to be void: And if any person, disabled and declared incapable by this Act to be elected, shall, after the end of this present session of Parliament, presume to sit or vote as a member of the House of Commons, such person so sitting or voting shall forfeit the sum of five hundred pounds for every day in which he shall sit or vote in the said House, to any person or persons who shall sue for the same, in any of his Majesty's Courts at Westminster; and the money so forfeited 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 from the same, in any manner what

soever.

10. And be it enacted, That in every such contract, agreement, or commission, to be made, entered into, or accepted, as aforesaid, there shall be inserted an express condition, that no member of the House of Commons be admitted to any share or part of such contract, agreement, or commission, or to any benefit to arise therefrom: And that in case any person or persons who hath or have 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

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