10 Geo. 4, sit in the House of Commons; and proof of the celebration of any c. 7, ss. 2, 9. religious service by such person, according to the rites of the Church of Rome, shall be deemed and taken to be prima facie evidence of the fact of such person being in Holy Orders within the intent and meaning of this Act. 10 Geo. 4, c. 44, s. 18. As to clergymen of the Churches of England and of Ireland, and ministers of the Church of Scotland, see 41 Geo. 3, c. 63 (p. 362). 10 Geo. 4, c. 44, s. 18. No justice of the peace or receiver, appointed by virtue of Police magis- this Act, shall, during the continuance of such appointment, be capable of being elected or of sitting as a member of the House of Commons. trate. The justices appointed under this Act are the police magistrates for Westminster, and the receiver is the receiver for the Metropolitan Police District. This section is by 19 & 20 Vict. c. 2, s. 9 (p. 373), extended to Assistant Commissioners of Police appointed under that Act. The other Acts in regard to Metropolitan Police Magistrates are to be read as one with this Act, but there appears to be no other parliamentary disqualification. The 3 & 4 Will. 4, c. 19, s. 19, disqualifying the metropolitan magistrates appointed thereby was repealed by 2 & 3 Vict. c. 71, s. 54, and not re-enacted. The Stipendiary Magistrates Act, 1863 (26 & 27 Vict. c. 97), relating to large towns contains no such clause. 10 Geo. 4, c. 62. Governor, &c., in India incapable of sitting. Election void. Penalty. 10 Geo. 4, c. 62. 1. No person who shall be hereafter appointed governor or deputy governor of any of the settlements, presidencies, territories, or plantations of the said East India Company, shall be capable of being elected or of sitting or voting as a member of the House of Commons while he shall continue to hold such office. The statute of 6 Anne, c. 7, s. 25, disqualified "Governors and DeputyGovernors of Plantations." Governors and Lieutenant-Governors of the Presidencies are still "Governors and Deputy-Governors of Presidencies of the East India Company," although the company no longer exists. Moreover, now that these Presidencies are under the Crown, there is the less doubt that they are "Plantations" within the meaning of 6 Anne. 2. And be it further enacted, That if any person hereby declared to be incapable to sit or vote as a member of the House of Commons shall nevertheless be returned as a member to serve in Parliament, such election and return are hereby enacted and declared to be void; and if any person declared by this Act incapable of being elected shall 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 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 10 Geo. 4, c. 62. no essoign, privilege, protection, or wager of law, or more than one imparlance, shall be allowed. 1 & 2 Will. 4, c. 33, s. 11. 1 & 2 Will. 4, c. 33, s. 11. No commissioner or other officer appointed or to be appointed under the provisions of this Act shall, during the time of his Commissioners acting or appointment as such commissioner or officer, be capable of Public of being elected a member of or sitting in the House of Commons. 2 & 3 Will. 4, c. 40, s. 1. Provided always, That such transfer shall not be deemed to confer on the said commissioners for executing the office of Lord High Admiral aforesaid any new office within the meaning of an Act passed in the sixth year of the reign of her Majesty Queen Anne, intituled, &c., nor shall any such commissioner last mentioned by taking upon himself under any new letters patent which his Majesty may think fit to cause to be issued the duties of the offices so abolished be disqualified from sitting and voting in Parliament, or thereby vacate the seat in Parliament which any such commissioner may then hold, anything contained in the said Act of Queen Anne or in any other Act or any usage of Parliament to the contrary nothwithstanding: but it is nevertheless hereby declared that, from and after the passing of this Act, no greater number than five commissioners of the Admiralty shall be competent at any one time to sit and vote in the Commons House of Parliament. As to the effect of an excessive number being returned, see 27 & 28 Vict. c. 34, s. 3 (p. 377). As to the limit on the number of Secretaries of State, see 27 & 28 Vict. c. 34 (p. 376). 2 & 3 Will. 4, c. 87, s. 36. Works in 2 & 3 Will. 4, c. 40, s. 1. Five Lords of the Admiralty only in House of Commons. 2 & 3 Will. 4, c. 87, s. 36. No person holding the said office of Registrar of Deeds in Ireland shall be capable of being elected a member or of sitting Irish Registrar or voting in Parliament. 5 & 6 Will. 4, c. 35, s. 5. of Deeds. 5 & 6 Will. 4, c. 35, s. 5. The said office of Paymaster-General shall not be deemed or taken to be a new office within the meaning of an Act passed Paymasterin the sixth year of the reign of hor Majesty Queen Anne, General qualified, intituled, &c. See also 35 & 36 Vict. c. 44, s. 4 (p. 381). 6 & 7 Will. 4, c. 13, s. 18. Irish Constabulary officers. 6 & 7 Will. 4, c. 13, s. 18. No inspector-general, deputy inspector-general, receiver, or county-inspector, or magistrate appointed by virtue of this Act shall, during the continuance of such appointment, be capable of being elected or sitting as a member of the House of Commons. See also 48 Geo. 3, c. 140, s. 14 (p. 364). 6 & 7 Will. 4, c. 29, s. 19. Dublin police magistrates. 4 & 5 Vict. c. 35, s. 5. Land Com missioners. 6 & 7 Will. 4, c. 29, s. 19. No justice of the peace or receiver appointed by virtue of this Act shall, during the continuance of such appointment, be capable of being elected or of sitting as a member of the House of Commons. 4 & 5 Vict. c. 35, s. 5. No commissioner or assistant commissioner appointed as aforesaid shall, during the continuance of such office, be capable of being elected or of sitting as a member of the House of Commons. By 14 & 15 Vict. c. 53, s. 6, the provisions of any Acts applicable to copyhold commissioners are applied to the land commissioners under that Act. 6 & 7 Vict. c. 18, s. 28. Revising barristers. 6 & 7 Vict. c. 18, s. 28. No barrister appointed as aforesaid shall for eighteen months from the time of his appointment be eligible to serve in Parliament for any county, riding, parts, or division of a county, or for any city, borough, or other place as aforesaid for which he shall be so appointed. For the rest of this section, see p. 86. 13 & 14 Vict. c. 94, s. 3. First 14 & 15 Vict. c. 42, ss. 10, 20. 13 & 14 Vict. c. 94, s. 3. The First Church Estates Commissioner for the time being shall be capable of being elected and of sitting and voting as a member of the House of Commons. 14 & 15 Vict. c. 42, ss. 10, 20. 10. Neither of the commissioners of her Majesty's Woods, Commissioners Forests, and Land Revenues for the time being under this Act shall be capable of being elected or of sitting or voting as a member of the House of Commons. of Woods and Forests. 20. The First Commissioner of her Majesty's Works and Public Buildings for the time being shall be capable of being elected and of sitting and voting as a member of the House of Commons. 14 & 15 Vict. c. 57, s. 2. 14 & 15 Vict. c. 42, ss. 10, 20. First Commis sioner of 14 & 15 Vict. c. 57, s. 2. No person holding the said office of assistant barrister shall be capable of being a member of the House of Commons in the Irish assistant present or any future Parliament, These assistant barristers are chairmen of county quarter sessions in Ireland. barristers. 16 & 17 Vict. c. 137, s. 5. 16 & 17 Vict. c. 137, s. 5. No paid commissioner, secretary, or inspector to be appointed under this Act shall be capable of sitting in the House of Charity Commons during the tenure of his office. Commissioners. 17 & 18 Vict. c. 117, s. 11. No commissioner shall during his continuance in office be capable of being elected or of sitting as a member of the House of Commons. These are Commissioners of encumbered estates in the West Indies. 17 & 18 Vict. c. 117, s. 11. West Indian 19 & 20 Vict. c. 2, s. 9. 19 & 20 Vict. c. 2, s. 9. The provisions of the firstly recited Act for preventing any justice of the peace appointed by virtue of that Act from being Assistant elected or sitting as a member of the House of Commons shall Commissioners apply to and include the said assistant commissioners to be appointed under this Act. The recited Act is 10 Geo. 4, c. 44, for s. 18, of which see p. 370. By the Metropolitan Police Act, 1884 (47 & 48 Vict. c. 17), power to appoint a third assistant commissioner is given, to whom this Act "shall apply in like manner as if three assistant commissioners of police were therein mentioned." of Police. 19 & 20 Vict. c. 116. Such Vice-President shall be capable of being elected and of sitting and voting as a member of the House of Commons. 19 & 20 Vict. c. 116. Vice-President of Council of Education qualified. 20 & 21 Vict. c. 60, s. 14. Irish Bankruptcy Judge. 20 & 21 Vict. c. 79, s. 7. Irish Probate 21 & 22 Vict. c. 72, s. 7. Land Judge of Ireland. 21 & 22 Vict. c. 106, ss. 4, 12. and four Under Secretaries 20 & 21 Vict. c. 60, s. 14. No such judge shall during his continuance in such office be capable of being elected a member of the House of Commons. 20 & 21 Vict. c. 79, s. 7. No person holding the said office of judge shall be capable of being elected or being a member of the present or any future House of Commons. 21 & 22 Vict. c. 72, s. 7. No judge appointed under this Act shall during his continuance in such office be capable of being elected or of sitting as a member of the House of Commons. 21 & 22 Vict. c. 106, ss. 4, 12. 4. Any four of her Majesty's Principal Secretaries of State for Four Principal the time being and any four of the Under Secretaries for the time being to her Majesty's Principal Secretaries of State may sit and vote as members of the House of Commons, but not more than four such Principal Secretaries and not more than four such Under Secretaries shall sit as members of the House of Commons at the same time. only in the House. Members of 21 & 22 Vict. c. 110. Acceptance of office during recess. This section forbids a fifth Secretary of State or Under Secretary to sit, and by 27 & 28 Vict. c. 34, s. 1 (p. 377), if a fifth Under Secretary be returned the election is void. This Act created the office of Secretary of State for India. 12. No member of the Council appointed or elected under this Act shall be capable of sitting or voting in Parliament. 21 & 22 Vict. c. 110. 1. From and after the passing of this Act it shall and may be lawful for the Speaker of the House of Commons for the time being during any recess of the House as aforesaid to issue his warrant to the Clerk of the Crown to make out a new writ for election of a member of the House in the room of any member who has since such adjournment or prorogation accepted any office whereby he has, either by the express provision of any Act of Parliament, or by any previous determination of the House of Commons, vacated his seat in the House of Commons, so soon as he shall have been gazetted thereto in any of the Queen's Gazettes, and a notice thereof, together with a copy of the Gazette, shall have been sent to the Speaker by a certificate under the hands of two members of the House of Commons according to the form in the schedule to this Act annexed or to the like effect. |