32 & 33 Vict. c. 43, s. 17. 33 & 34 Vict. c. 10, s. 14. Master of Mint and Chancellor of Exchequer. 33 & 34 Vict. c. 17, ss. 2, 3. Surveyor of Ordnance qualified. Financial 33 & 34 Vict. c. 23, s. 2. Convicts. occurred in 22 & 23 Vict. c. 5, s. 1, now repealed, in regard to diplomatic pensions under 2 & 3 Will. 4, c. 116, and is maintained as to pensions so granted. Pensioners generally under the Crown are disqualified by 6 Anne, c. 7, s. 24 (p. 349). 33 & 34 Vict. c. 10, s. 14. The Chancellor of the Exchequer for the time being shall be the Master-Worker and Warden of Her Majesty's Royal Mint it England, and Governor of the Mint in Scotland. Provided that nothing in this section shall render the Chancellor of the Exchequer incapable of being elected to or of sitting and voting in the House of Commons, or vacate the seat of the person who at the passing of this Act holds the office of Chancellor of the Exchequer. 33 & 34 Vict. c. 17, ss. 2, 3. 2. The Surveyor General of the Ordnance shall not by virtue of such appointment, if sitting in the Commons House of Parliament, vacate his seat, or whether sitting in such House or not, be disqualified from being elected to or sitting or voting in the said House of Parliament. 3. The Financial Secretary of the War Office shall not by virtue of such appointment if sitting in the Commons House of Parliament vacate his seat, or whether sitting in such House or not, be disqualified from being elected to or sitting or voting in the said House of Parliament. These two officials are appointed by the Secretary at War. 33 & 34 Vict. c. 23, s. 2. If any person hereafter convicted of treason or felony, for which he shall he sentenced to death or penal servitude, or any term of imprisonment with hard labour, or exceeding twelve months shall at the time of such conviction hold any military or naval office, or any civil office under the Crown, or other public employment, or any ecclesiastical benefice, or any place, office, or emolument in any university, college, or other corporation, or be entitled to any pension or superannuation allowance payable by the public, or out of any public fund, such office, benefice, employment, or place, shall forthwith become vacant, and such pension or superannuation allowance or emolument shall forthwith determine and cease to be payable unless such person shall receive a free pardon from her Majesty within two months after such conviction or before the filling up of such office benefice employment or place if given at a later period; and such person shall become, and (until he shall have suffered the punishment to which he had been sentenced, or such other c. 23, s. 2. punishment as by competent authority may be substituted for 33 & 34 Vict. the same, or shall receive a free pardon from her Majesty), shall continue thenceforth incapable of holding any military or naval office, or any civil office under the Crown, or other public employment, or any ecclesiastical benefice, or of being elected or sitting or voting as a member of either House of Parliament, or of exercising any right of suffrage or other parliamentary or municipal franchise whatever within England, Wales, or Ireland. The “such person" rendered incapable of being elected by this section is grammatically a person who is convicted as stated and who holds an office, &c., but strict grammar may be departed from so as to hold disqualified any person convicted of treason or felony, and sentenced to at least twelve months imprisonment. The Act does not apply to Scotland (s. 33). At common law a conviction of felony simpliciter was a disqualification, but this Act restricts that disqualification, being (see title) passed "to amend the law relating to treason and felony," except so far as Scotch seats are concerned, as to which the common law holds good in virtue of s. 29 of 6 Anne, c. 7, (p. 351). On February 10, 1870, before this Act, O'Donovan Rossa was pronounced by the House disqualified as a felon, and a similar resolution was passed in the case of Mitchell. A pardon had at common law the effect of removing the common law disqualification, and by 9 Geo. 4, c. 32, s. 3, fulfilling the sentence had the same effect. Outlaws.] Outlaws by criminal process, a most uncommon case, are also incapacitated. 34 & 35 Vict. c. 70, s. 4. The President and one of the secretaries of the Local Government Board shall at the same time be capable of being elected to and of voting in the Commons House of Parliament, and the office of President shall be deemed to be an office included in Schedule H. of the Representation of the People Act, 1867, in Schedule H. of the Representation of the People (Scotland) Act, 1868, and in Schedule E. of the Representation of the People (Ireland) Act, 1868. 35 & 36 Vict. c. 44, s. 4. 34 & 35 Vict. c. 70, s. 4. President and Secretary of Local Government Board qualified. 35 & 36 Vict. c. 44, s. 4. Nothing in this Act shall render the Paymaster General incapable of being elected to or sitting or voting in the House of Paymaster Commons, or cause a member of the House of Commons upon becoming Paymaster General to vacate his seat. The Paymaster General was qualified by 5 & 6 Will. 4, c. 35, s. 5 (p. 371). The duties of the Accountant General in Chancery are transferred to him by this Act, and this section was inserted to save his qualification. 35 & 36 Vict. c. 58, s. 41. General. 35 & 36 Vict. c. 58, s. 41. If a person, being a member of the Commons House of Parliament, is adjudged bankrupt he shall be and remain Bankrupts in during one year from the date of the order of adjudication Ireland. incapable of sitting and voting in that House, unless within that 35 & 36 Vict. time either the order is annulled, or the creditors who prove c. 58, s. 41. debts under the bankruptcy are fully paid or satisfied. 36 & 37 Vict. c. 77, s. 6. Naval volunteer force. Provided that such debts (if any) as are disputed by the bankrupt shall be considered for the purpose of this section as paid or satisfied if within the time aforesaid he enters into a bond, in such sum and with such sureties as the Court approves, to pay the amount to be recovered in any proceeding for the recovery of or concerning such debts, together with any costs to be given in such proceedings. By s. 2" this Act shall not, except in so far as same is expressly provided, apply to England or Scotland." Sect. 41, therefore, applies to Irish bankruptcies and disqualifies only for Irish seats, but is given here, as this opinion may be questioned. As to English bankruptcies, see 46 & 47 Vict. c. 52, ss. 32, 33 (p. 385). As to Scotch sequestrations, see 47 & 48 Vict. c. 16, ss. 5, 6 (p. 386). 36 & 37 Vict. c. 77, s. 6. The acceptance of a commission in the naval artillery volunteer force by a member of the Commons House of Parliament shall not render his seat vacant. 38 & 39 Vict. c. 77, s. 5. Judges of and Court of 38 & 39 Vict. c. 77, s. 5. [Judicature Act, 1875.] No judge of either of the said Courts shall be capable of being elected to or of sitting in the House of Commons. The disqualification of judges existed by the common law of Parliament except in the case of the Master of the Rolls, who is included in this Act. The reason of the common law disqualification has not been satisfactorily stated. It was not usual on creating a new English judgeship to disqualify the holder, although the holders of new Irish judgeships when made were disqualified, and both would hold offices of profit under the Crown. 40 & 41 Vict. 40 & 41 Vict. c. 57, s. 13. [Irish Judicature Act, 1877.] c. 57, s. 13. Irish judges 44 & 45 Vict. c. 49, s. 54. Irish Land No judge of either of the said Courts shall be capable of being elected to or of sitting in the House of Commons. 44 & 45 Vict. c. 49, s. 54. No person, being a member of or holding office under the Land Commission, or being an assistant commissioner, shall during Commissioners. the time that he holds his office be capable of being elected a member of or sitting in the Commons House of Parliament. 45 & 46 Vict. c. 49, s. 38. The acceptance of a commission as a militia officer shall not vacate the seat of any member returned to serve in Parliament. This Act applies to Scotland and Ireland. 45 & 46 Vict. c. 49, s. 38. Militia officers qualified. 45 & 46 Vict. c. 50, s. 163 (6). Municipal Corporation 45 & 46 Vict. Act, 1882. The recorder of a borough shall not, during his office, be eligible to serve in Parliament for the borough, but he shall be eligible to serve in Parliament except for the borough. By 3 & 4 Vict. c. 108, s. 166, recorders of Irish boroughs are disqualified for their boroughs. 46 & 47 Vict. c. 51, ss. 4, 5, 11, 38, 46. Corrupt and Illegal Practices Act, 1883. c. 50, s. 163 (6). Recorders. 46 & 47 Vict. c. 51, ss. 4, 5, 11, 38, 46. Candidate personally guilty of corruption. Total disquali fication for 4. Where upon the trial of an election petition in respect of an election for a county or borough, the Election Court by the report made to the Speaker in pursuance of s. 11 of the Parliamentary Election Act, 1868, reports that any corrupt practice other than treating and undue influence has been proved to have been committed in reference to such election by or with the knowledge and consent of any candidate at such election, or that the offence of treating or undue influence has been proved constituency. to have been committed in reference to such election by any candidate at such election, that candidate shall not be capable of ever being elected to or sitting in the House of Commons for the said county or borough, and if he has been elected his election shall be void, and he shall further be subject to the same incapacities as if at the date of the said report he had been convicted on an indictment of a corrupt practice. "Corrupt practices" means treating, undue influence, bribery, and personation, and aiding and procuring personation (s. 3 of 46 & 47 Vict. c. 51, p. 467). For the incapacity on conviction, see s. 6. For this Act in full, see p. 465. 5. If the report upon the trial of an election petition is that Candidate any candidate at such election has been guilty by his agents of any corrupt practice in reference to such election, that candidate shall not be capable of being elected to or of sitting in the House of Commons for such county or borough for seven years after the date of the report, and if he has been elected his election shall be void. 6. (4.) Any person so [i.e., on indictment] convicted of a corrupt practice in reference to any election shall be incapable of guilty of corruption through agent. Seven years' disqualification for constituency. Seven years' disqualificacorruption. tion for being elected to and of sitting in the House of Commons during the seven years next after the date of his conviction, and if at that date he has been elected to the House of Commons his election shall be vacated from the time of such conviction. 11. (a.) If the report of the Election Court to the Speaker is that any illegal practice has been proved to have been committed in reference to such election by or with the knowledge and consent of any candidate at such election, that candidate shall not be capable of being elected to or of sitting in the House of Commons for the said county or borough for seven years after the date of the report, and if he has been elected his election shall be void, and he shall further be subject to the same incapacities as if at the date of the report he had been convicted of such illegal practice. (b.) If the report is that a candidate at such election has been guilty by his agents of any illegal practice in reference to such election, that candidate shall not be capable of being elected to or sitting in the House of Commons for the said county or borough during the Parliament for which the election was held, and if he has been elected his election shall be void. 38. (5.) Every person who after the commencement of this Act is reported by any Election Court or Election Commissioners to have been guilty of any corrupt or illegal practice at an election, shall, whether he obtained a certificate of indemnity or not, be subject to the same incapacity as he would be subject to if he had at the date of such election been convicted of the offence of which he is reported to have been guilty. By ss. 4, 5, 11 (a.), the disqualification in regard to candidates is to date from the report of the Election Court. Under this section it is to date from the election. This section is a general section including electors, and the special sections in regard to candidates will prevail, so that while the disqualification upon the report of an Election Court dates from the report, it dates from the election in the case of a commissioners' report. By s. 6 (4.) conviction for a corrupt practice involves incapacity for election for seven years. Candidates are not disqualified by conviction for an illegal practice. 46. Where a person has either before or after the commencement of this Act become subject to any incapacity under the Corrupt Practices Prevention Acts or this Act, by reason of a conviction or a report of any Election Court or Election Commissioners, and any witness who gave evidence against such incapacitated person is convicted of perjury in respect of that evidence, the incapacitated person may apply to the High Court, and the Court if satisfied that such conviction or report, so far as respects such person was based upon perjury, may order that such incapacity shall thenceforth cease, and the same shall cease accordingly. |