s. 151. c.10. s. 89&90. Farmers, &c. of cise upon beer, ale, and other liquors; or of being a commissioner for determining appeals concerning the said duty; or controuling or auditing the accounts of the said duty; or of holding or enjoying in his own name, or in the name of any other person in trust for him, or for his use and benefit, or of executing by himself or his deputy any office, place, or employment touching or concerning the farming, collecting, or managing the said duties of excise; and by s. 151, if any member of the house of commons, during the time of his being a mem- Seat vacated ber, shall by liimself, or his deputy, or any other in trust for him, take or execute any of said offices, such person shall be incapable of sitting, voting, or acting as a member of said house. The 12 & 13 W. 3. c. 10. Eng. con- 12 & 13 W. 3. tains similar provisions, (s. 89. & 90,) in respect to offices Eng. concerning the farming, collecting, or managing the customs. The 6 Ann. c. 7. s. 25. Eng. in like inanner customs. enacts, that no person who shall have in his own name, 6 Ann c. 7. s. 25. Eng. or in the name of any other in trust for him, any new office or place of profit whatsoever under the crown, Certain commiscreated or erected since the 20th October 1705, nor any person who shall be a commissioner or sub-commissioner of prizes, secretary or receiver of the prizes, nor any comptroller of the accounts of the army, nor any commissioner of transports, nor commissioner of the sick and wounded, nor any agent for any regiment, nor any commissioner for wine-licences, nor any governor or deputygovernor of any of the plantations, nor any commissioner of the navy employed in any of the out-ports, nor any person having any pension from the crown during pleasure, shall be capable of being elected, or of sitting ing pleasure exor voting as a member of the house of commons; and cluded. person shall sioners excluded. Pensioners dur s. 26. seat; but such re-elected. by s. 26. if any member shall accept of any office of Accepting office profit from the crown, during such time as he shall con- of profit vacutes tinue a member, his election shall be void, and a new person may be writ shall issue for a new election; but such be capable of being again elected. By s. 27. no greater number of commissioners shall be made for the execution of any office than have been employed in the exe- mited. cution of such office before the first day of this parlia ment: s. 27. Number of commissioners li 5. 28. Commission in ment: but by s. 28. this act is not to extend to such members, being officers in the navy or army, as shall receive any new commissions therein respectively and by s. 29. if any person declared by this act incapable to sit or vote, shall be returned for any county, &c. such Penalty of dis- election and return shall be void; and if any person so abled person ting. the army or navy excepted. s. 29. sit 1 Gro. 1. st. 2. c. 56. Eng. Pensioners for ting. s. 2. 15 Gen. 2. c. 20. disabled shall sit or vote as a member, he shall forfeit £.500, to be recovered by such person as shall sue for the same in England by action of debt, &c. The 1 Geo. 1. st. 2. c. 56. Eng. has extended the provision of the 6 Ann. c. 7. in respect to pensions, by enacting, that no person havyears excluded. ing any pension from the crown for any number of years, either in his own name, or in the name of any other in trust for him, shall be capable of being elected a member, &c. or of sitting or voting as such; and by s. 2. if any person who shall have such pension at the time of Penally for sit his being elected, or while he shall continue to be a member, shall sit or vote in the house of commons, he shall forfeit £.20 for every day he shall so sit and vote, to such person as shall sue for the same in any court at Westminster-hall, to be recovered with full costs of suit by action of debt, &c. And the 15 Geo. 2. c. 22. s. 1. . 1. & 2. Eng. & 2. Eng. prohibits, under the same penalty, any commissioner of the revenue in Ireland, or any commissioner Certain placemen excluded. of the navy or victualling-offices, or any deputies or elerks in any of said offices, or in the offices following, viz. of lord high-treasurer, or the commissioners of the treasury; or of the auditor, tellers, or chancellor of the exchequer; or of the lord high admiral or commissioners of the admiralty; or of the paymaster of the army or navy; or of the principal secretaries of state; or of the commissioners of the salt, stamps, appeals, wine licences, hackneycoaches, or hawkers and pedlars; and also prohibits any person having any office civil or military, within the island of Minorca, or in Gibraltar, other than officers having commissions in any regiment there, from sitting or voting, &c. and in like manner also declares their elections void; but this act, s. 3. excepts the treasurer or comptroller of the navy, the secretaries of Certain offices the treasury, the secretary of the chancellor of the 8. 3. exchequer, exchequer, the secretaries of the admiralty, the under good behaviour. secretary to any of the principal secretaries of state, And offices for and the deputy paymaster of the army; and is also life or during declared not to exclude any person having any office or employment for life, or for so long as he shall behave himself well in his office. The 22 Geo. 3. c. 45. 22 Geo. 3. c. 45. s. 1. Eng. s. 1. Eng. enacts that any person who shall directly or indirectly undertake, execute, hold, or enjoy, in the whole Contractors ineligible, or in part, any contract, agreement, or commission made or entered into with, under, or from the commissioners of the treasury, or of the navy or victualling office, or with the master-general or board of ordnance, or with any of such commissioners, or with any other person on account of the public service, or shall knowingly furnish in pursuance of such agreement, &c. any money to be remitted abroad, or any wares to be used 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, &c. any such contract, &c. or any part thereof, or enjoy any benefit from the same; and by s. 2. the election and return of every such person shall be void; and by s. 9. if any person so declared incapable of being elected shall sit or vote as a member, &c. he shall forfeit £.509 for every day he shall sit or vote, to any sitting or voting. person who shall sue, &c. in the king's courts at Westminster, to be recovered with full costs by action of debt, &c. or by summary complaint before the court of sessions in Scotland; and every person against whom such penalty shall be recovered, shall be incapable of taking or holding any contract, &c. for the public service, or any share thereof, or any benefit from the same; by s. 2. the seat of any member, who shall enter into, accept of, undertake or execute, in the whole or in part, any such contact such contract, is also declared void; and this act vacates seat. s. 10. provides, that in every such contract, &c. there shall be inserted an express condition, that no member of the house of commons shall be admitted to any share Every such cons or part of such contract, &c. or to any benefit to arise a condition for 3.2. s. 9. Forfeiture for 8.2. Accepting any s. 10. tract to contain excluding memtherefrom, bers of parlia ment. s. 11. s. 3. therefrom, and in case any person having any such contract, &c. shall admit any member, &c. to any share thereof, or to receive any benefit thereby, he shail forfeit the sum of £.500, to be recovered with full costs in any court of record at Westminster by any person who shall sue by action of debt, &c. or by summary complaint before the court of session in Scotland; but all prosecutions under this act must, by s. 1 1. be commenced within 12 calendar months after such penalties shall be incurred. This act by s. 3. shall not extend to any contract, &c. made, entered into, or accepted by any incorporated trading company in its corporate capacity, nor to any company then existing, and consisting of more than 10 persons, where such contract, &c. shall be entered into for the general benefit of such company, nor by s. 6. to any person on whom the completion of any contract, &c. shall devolve by descent or limitation, or by marriage, or as devisee, legatce, executor or administrator, until 12 calendar months after he shall have been in possession. 30 Geo. 3. c. 10. By the 30 Geo. 3. c. 10. s. 7. Eng. the speaker of the s. 7. Eng. house of commons for the time being, shall not hold or Speaker not to enjoy in his own name, or in the name of any person in trust for him, or for his benefit, any office or place of profit under the crown during pleasure. s. 6. hold any office. Acts respecting Irish Parlia 41 Geo. 3. S. 2. In respect to Ireland, the 41 Geo. 3. c. 52. s. 1.U.K. enacts that all persons disabled from, or incapable of being elected, ment, applicable or sitting and voting in the house of commons of Great to Imperial Parliament. Britain, shall be also incapable of being elected or of sitting c. 52. s. 1. U. K. or voting in the house of commons of the united kingdom; and by s. 2. all persons incapable of being elected, or of sitting, &c. in the house of commons of Ireland, shall be still also incapable of being elected, or of sitting in the house of commons of the united kingdom, as members for Ireland; and it is provided s. 3. that persons so disabled, by British statutes, shall not by this act be enabled to sit, &c. for any county, &c. in Ireland, nor shall this act be construed to enable persons, so disabled, &c. by any act of the parliament of Ireland from sitting, &c. in the house of commons of Ireland, to sit, &c. for any county, &c. in Great Bri 8. 3. S. 4. Certain Officers cluded. tain; by s. 4. no person who shall by himself or his deputy, or any other in trust for him, or for his benefit, take hold, enjoy, or execute, or continue to hold, &c. any in Ireland exof the offices or places of profit following, in or for Ireland, shall be capable of being elected, or of sitting or voting as a member of the house of commons of the united kingdom; that is to say, commissioners of customs, excise, or stamps; or persons concerned directly or indirectly, in the farming, collecting, or managing any of the duties or other aids granted, or to be granted by any act to the crown, (except the commissioners of the treasury, and their secretary ;) commissioners for determining appeals concerning the duties of customs, excise or stamps; or for controuling or auditing the account of the said duties (except the auditor general of the exchequer); commissioners of imprest accounts; agents for any regiments; and such persons as shall contract with the commissioners of the treasury in Ireland, or with any other person on account of the public service in Ireland, or who shall knowingly furnish money to be remitted in or to be used in the service of the public, while they shall hold or enjoy any such contract &c. (except the members of any incorporated trading company then existing in Ireland, and consisting of more than 10 persons, so far as relates to any contract, &c. made, or to be made by such company in its corporate capacity for the benefit of such company;) and any deputies or clerks in any of the offices following, viz. of the lord high treasurer, or the commissioners of the treasury, (except the secretaries of the treasury); or of the auditor, tellers, or chancellor of the exchequer, (except the secretary of the chancellor of the exchequer,); or of the commissioners of stamps; or of the commissioners of appeals; and this act, s. 5. in like manner disqualifies any person who shall have in his own name, or in the name of any person in trust for him, any office or place of profit, by the nomination or appointment of the lord lieutenant, or by any appointment subject to the approbation of the lord lieutenant, lords justices or other chief governor of Ireland, created since the passing s. 5. |