41 Geo. 3, c. 52. Irish Offices of Profit. Regimental agents. Contractors. Saving for companies. Deputies or clerks in certain offices. Holders of new offices under Lord Lieutenant disqualified. Nor any agent for any regiment: Nor 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, or continue to execute, hold or enjoy in the whole or in part, any contract, agreement, or commission made or entered into, under or from the Commissioners of his Majesty's Treasury in Ireland, or with any one or more of such commissioners, or with any other person or persons whomsoever, for or on account of the public service in Ireland; or who 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, 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 employment arising from the same (except persons who shall be members of any incorporated trading company now existing or established in Ireland, and consisting of more than ten persons, so far as relates to any contract, agreement, or commission, which now is or shall or may hereafter be made, entered into, or accepted by such company in its corporate capacity, for the general benefit of such incorporation or company): Nor any deputies or clerks in any of the several offices following: that is to say, the office of Lord High Treasurer or the Commissioners of the Treasury (except the Secretary of the Treasury); or the Chancellor of the Exchequer (except the Secretary of the Chancellor of the Exchequer); or of the Commissioners of Stamps. The general scheme of this section is to apply the disqualifications already existing in England in regard to offices, &c., to the like offices, &c., in Ireland. Collectors of Customs, &c.] These words are taken from 5 & 6 Will. & M. e. 7, applicable to the Parliament of England, which forbade members of Parliament farming, &c. the duties. (See also 12 & 13 Will. 3, c. 10, s. 88, p. 348, by which a collector of the customs was disqualified for England.) Contractors.] This adapts to the circumstances of Ireland (ss. 1 and 3 of 22 Geo. 3, c. 45, p. 355). Clerks.] This applies (s. 1. of 15 Geo. 2, c. 22, p. 353) to Irish offices. 5. From and after the dissolution or other determination of this present Parliament, no person who shall have in his own name, or in the name of any person or persons in trust for him or his benefit, any office or place of profit, from or by the nomination or appointment, or by any appointment subject to the approbation of the Lord Lieutenant, Lord Deputy, Lord Justices, or other chief governor or governors of that part of the United Kingdom called Ireland, created or erected at any time after the passing of an Act of the Parliament of Ireland, in the thirty-third year of the reign of his present Majesty, intituled An Act for securing the freedom and independence of the House of Commons, by excluding therefrom persons holding any offices under the Crown to be hereafter created, or holding certain offices therein enumerated, or pensions for terms of years, or during His Majesty pleasure, shall be capable of being elected or chosen a member of, or of sitting or voting as a member of, the House of Commons of any Parliament of the said United Kingdom of Great Britain and Ireland, in any Parliament which shall hereafter be summoned and holden. This section adapts to the Parliament of the United Kingdom the Irish statute, 33 Geo. 3, c. 41, which applied s. 24 of 6 Anne, c. 7 (p. 349), to Ireland, and put officers under the Lord Lieutenant in a similar position to officers under the Crown. 41 Geo. 3, c. 52. Penalties under former British or Irish Acts. 6. If any person hereby declared to be disabled from or rendered incapable of sitting or voting in the House of Commons, shall nevertheless be elected or returned as a member to serve in Parliament for any county, stewartry, city, borough, cinque port, town, or place, in any part of the said United Kingdom, such election or return are hereby enacted and declared to be void to all intents and purposes whatsoever; and if any person or persons so hereafter elected or returned, and declared to be disabled or to be rendered incapable by this Act to be elected, shall presume to sit or vote as a member of the said House of Commons, such person or persons so sitting or voting shall incur such pains, penalties, and forfeitures, as are inflicted or imposed by the several Acts of Parliament heretofore passed in Great Britain or Ireland for disabling or incapacitating such persons from sitting in the Parliaments of Great Britain or Ireland respectively; and if such person or persons shall be disabled or incapacitated by the having, holding, or accepting of any office, employment, or place of profit, in this Act enumerated and particularised, then and in such case such person or persons so sitting or voting, shall forfeit the sum of five hundred £500 per day. pounds for every day in which he shall sit or vote in the said House; to be recovered by such person as shall sue for the same in any Court of Record in any part of the said United Kingdom by action of debt, bill, plaint, or information, wherein no essoign, protection, or wager of law shall be allowed, and only one imparlance. The penalty is taken from 6 Anne, c. 7. 8. Provided also, and it is hereby further enacted and declared, That nothing in this Act shall extend or be construed to exclude any person having or holding any office, place, or employment for life, or for so long as he shall behave himself well in his office (other than and except all persons concerned in the managing, collecting, or farming of any sums of money, duties, or other aids granted or to be granted to his Majesty, his heirs or Offices for life or good be haviour. 41 Geo. 3, c. 52. Irish Offices of Profit. Seat of acceptor of any office vacated. successors); anything therein contained to the contrary notwithstanding. This distinction of offices held quamdiu bene se gesserit from offices held durante bene placito does not occur in 6 Anne, but occurs in 15 Geo. 2, c. 22, 8. 3, p. 354, as to deputies and clerks. 9. Provided always, That if any person being chosen a member of the House of Commons shall, from and after the passing of this Act, accept of any office of profit whatever, immediately and directly from the Crown of the said United Kingdom, or by the nomination or appointment, or by any other appointment subject to the approbation of the Lord Lieutenant, Lord Deputy, Lord Justices, or other chief governor or governors of that part of the said United Kingdom called Ireland, his seat shall thereupon become vacant, and a writ shall issue for a new election: Provided nevertheless, That such person (if he be not incapacitated by anything herein before contained), shall be capable of being again elected to be a member of the House of Commons for the place for which he had been a member, or for any other place sending members to the House of Commons. This applies s. 26 of 6 Anne to the Parliament of the United Kingdom and to offices to which appointments are made by the Lord Lieutenant. The words "immediately and directly" are contrasted with "by appointment of the Lord Lieutenant," and do not throw light on the word "from" in 8. 25 of 6 Anne. 41 Geo. 3, c. 63. Priests and deacons, and ministers of the Church of Scotland. 41 Geo. 3, c. 63. 1. Whereas it is expedient to remove doubts which have arisen respecting the eligibility of persons in holy orders to sit in the House of Commons, and also to make effectual provision for excluding them from sitting therein; be it therefore declared and enacted, That no person having been ordained to the office of priest or deacon, or being a minister of the Church of Scotland, is or shall be capable of being elected to serve in Parliament as a member of the House of Commons. The words "ordained to the office of priest or deacon" include ordinations of the Irish Church. The English Act of Uniformity is 1 Eliz. c. 2. An Irish Act of Uniformity was passed in Ireland in 1560. By 32 & 33 Vict. c. 42, s. 2, the union between the English and Irish churches was dissolved, but not so as to affect this Act, because since the Irish Church Act clergymen of the Church of Ireland are still "priests or deacons." Minister of the Church of Scotland.] The Church of Scotland was established by an Act in Scotland in 1592 as a Presbyterian Church. It afterwards became Episcopalian until the Revolution, when it became Presbyterian again, and was recognised by the Act of Union as the Presbyterian Church of Scotland for ever established as a fundamental part of the union. As to Roman Catholic priests, see 10 Geo. 4, c. 7, s. 2 (p. 369). By the Clerical Disabilities Act, 1870 (33 & 34 Vict. c. 91, s. 4), a minister of the Church of England on executing a deed of relinquishment is relieved from the disabilities of this Act. 41 Geo. 3, c. 63. Election void. 2. And be it further declared and enacted, That if any person, having been ordained to the office of priest or deacon, or being a minister of the Church of Scotland, shall hereafter be elected to serve in Parliament as aforesaid, such election and return shall be void; and that if any person, being elected to serve in Parliament as a Member of the House of Commons, shall, after his election, be ordained to the office of priest or deacon, or become a minister of the Church of Scotland, then and in such case the seat of such person shall immediately become void; and if any such person shall, in any of the aforesaid cases, presume to sit or vote as a member of the House of Commons, he shall forfeit the sum of five hundred pounds for every day in Penalty. 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 essoign, privilege, protection, or wager of law, or more than one imparlance, shall be allowed; 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, holding, or enjoying any benefice, living, or promotion ecclesiastical, and of taking, holding, or enjoying any office of honour or profit under his Majesty, his heirs or successors. This section ended with a proviso in favour of " any election which shall have taken place before the passing of this Act." This preserved the seat of Horne Tooke. It was doubtful whether the disqualification existed at common law. 3. Provided also, and be it enacted, That no person shall be Limitation of liable to any forfeiture or penalty inflicted by this Act, unless actions. a prosecution shall be commenced within twelve calendar months after such penalty or forfeiture shall be incurred. 4. And be it further enacted, That proof of the celebration Proof. of divine service, according to the rites of the Church of England, or of the Church of Scotland, in any church or chapel consecrated or set apart for public worship, shall be deemed and taken to be prima facie evidence of the fact of such person having been ordained to the office of a priest or deacon, or of his being a minister of the Church of Scotland, within the intent and meaning of this Act. By the Act of Union (39 & 40 Geo. 3, c. 67, art. 5) the "doctrine and worship of the United Church of England and Ireland shall be as established for the Church of England." Divine service is therefore celebrated in the Church of Ireland according to the "rites of the Church of England." The Irish Church Act (32 & 33 Vict. c. 42) makes no alteration, as by s. 20 the "rites" of the Church of Ireland remain as before, and the ecclesiastical law of Ireland, which was that of England, binds the Church of Ireland as if by contract. A curious disqualification both from voting in and being elected to Scotch constituencies is still retained in 32 Geo. 3, c. 63, s. 13, by which attendants at Scotch Episcopal chapels where the Royal Family is not prayed for are disqualified. 42 Geo. 3, c. 116, s. 185. Land Tax 44 Geo. 3, c. 54, s. 58. 42 Geo. 3, c. 116, s. 185. The acceptance of any commission from his Majesty in pursuance of the said recited Acts or any of them, or of this Act, shall not vacate the seat of any person returned to serve in Parliament, nor shall the election of any person who hath accepted or who shall accept any such commission be in any manner impeached thereby or made void, any law or statute to the contrary notwithstanding, Provided always that the acceptance of the office of a commissioner for the redemption or sale of land tax under the said recited Acts or this Act, shall not, by reason of any allowance for executing the same, be deemed, taken, or construed to be a place or employment of profit under his Majesty, notwithstanding the appointment shall be by warrant under the Royal sign manual, but that the same shall be deemed, taken, and construed to be a place or employment under the authority of this Act to all intents and purposes. 44 Geo. 3, c. 54, s. 58. No person who has accepted or shall hereafter accept of a Yeomanry and commission in any corps of yeomanry or volunteers in Great Britain or Ireland, shall be deemed in respect thereof to have vacated or vacate his seat as a member returned to serve in Parliament. volunteer officers. 48 Geo. 3, c. 140, s. 14. Dublin metropolitan police. 52 Geo. 3, c. 38, s. 195. This section extends the principle of s. 5 of the Act of Anne, p. 351. 48 Geo. 3, c. 140, s. 14. The said Divisional Justices and Receiver and all other persons holding any office in or under the said police establishment shall be incapable of being chosen members of or sitting in the House of Commons in any Parliament during such time as they shall hold their said offices respectively. So of the justices and receivers appointed under 6 & 7 Will. 4, c. 29, s. 19, p. 372. 52 Geo. 3, c. 38, s. 195. The acceptance of a commission in the local militia shall not Militia officers. vacate the seat of any member returned to serve in Parliament. 52 Geo. 3, c. 68, s. 176. Scotch militia officers. 52 Geo. 3, c. 68, s. 176. The acceptance of a commission in the local militia shall not vacate the seat of any member returned to serve in Parliament. |