aforesaid” (viz., for any term or number of years), "at the PENSIONS. time of his being so elected, or at any time after, during such time as he shall continue to be a member of the House of Commons, shall presume to sit or vote in that House, then in such case he shall forfeit 207. for every day he shall so sit or vote." But by 6 Anne, c. 41, s. 28, it is enacted, that if any person thereby disabled, &c., shall sit or vote, he shall forfeit 500l. So that if a person having a pension for a term of years should procure himself to be elected, he would be liable to pay 201 a day for every day he sat in the House; but a pensioner during pleasure so offending would forfeit 5007., though he sat but one day. For the prevention of pensions being granted under colour of being grants of royal bounty, section 30 of 22 Geo. 3, c. 82, was passed, which enacts that any sum or sums of money so given to any person more than once in three years shall be reputed a pension to all intents and purposes. Such a person would therefore be disqualified. But a person enjoying a pension granted for diplomatic service under 32 & 33 Vict. c. 43, s. 17, or a pension for civil service under 32 & 33 Vict. c. 15, s. 1, is not disqualified. The Irish Act (33 Geo. 3, c. 41), s. 1, enacts that no person who, or whose wife, has any pension from the Crown during pleasure or for a term of years shall be capable of being elected. In the Reading case, C. & D. 114, it was proved that a pension had been granted to a wife before marriage, and the money was paid by virtue of a power of attorney, made out in her name only, and it was argued that by the reciprocal influence of the Act of Union the husband was disqualified for an English seat; but the Committee, without giving reasons for their decision, held that he was duly elected (o). (0) Upon the union of Great Britain with Ireland, in 1801, by 41 Geo. 3, c. 52, s. 1, disqualifications before applicable to the DISQUALI The following judicial officers are expressly disJUDICIAL qualified : FYING OFFICES. Judges of the High Court of Justice: 38 & 39 Vict. c. 77, s. 5. By the common law of Parliament, the judges, being liable to be summoned as assistants to the House of Lords, were ineligible: 1 Journ. 256, 9th Nov. 1605. Judges of the Court of Appeal: 38 & 39 Vict. c. 77, 8. 5. County Court Judges: 51 & 52 Vict. c. 43, s. 8. The Chairman and Deputy-Chairman of the Quarter Sessions for the County of London: 51 & 52 Vict. c. 41, 8. 42 (4). The Registrars, or other officers attached to any court having jurisdiction in Bankruptcy: 46 & 47 Vict. c. 52, s. 116. Recorders in England and Wales for the boroughs for which they act: 45 & 46 Vict. c. 50, s. 163 (6). By 6 & 7 Vict. c. 18, s. 28, no revising barrister shall for eighteen months from the time of his appointment be eligible for the place, &c., for which he was appointed. Magistrates at the Westminster Police Court: 10 Geo. 4, c. 44, s. 18. The other metropolitan police magistrates would seem to be disqualified, because the Acts of 2 & 3 Vict. c. 47, and 2 & 3 Vict. c. 71, which provide for their appointment, are to be read with the above Act. See section 79 of 2 & 3 Vict. c. 47, and section 55 of 2 & 3 Vict. c. 71. The 3 & 4 Will. 4, c. 19, did expressly British Parliament were extended to members sitting in the United Parliament for places in Great Britain. By section 2, disqualifications applicable to the Irish Parliament were similarly extended to members sitting in the United Parliament for places in Ireland. Section 3 provided that nothing in the Act should be construed to enable persons theretofore disqualified by any British Act for Great Britain to sit for any place in Ireland, nor to enable persons theretofore disqualified by any Irish Act for Ireland to sit for any place in Great Britain. The effect of this proviso would seem to be that statutory disqualifications previously existing for either the Parliament of Great Britain or Ireland became disqualifications for the Parliament of the United Kingdom in respect of places in Great Britain and Ireland. FYING disqualify the magistrates appointed under it; but this DISQUALIAct was repealed by 2 & 3 Vict. c. 71, s. 54. Neither JUDICIAL the Stipendiary Magistrates Act, 1863 (26 & 27 Vict. OFFICES. c. 97), nor the Municipal Corporations Act, 1882, impose this disqualification upon magistrates appointed thereunder. As instances of private Acts which disqualify, see 2 & 3 Vict. c. xv, s. 4 (Stoke-upon-Trent), and 9 & 10 Vict. c. lxv (Wolverhampton). Judges of Sessions or Justiciary, or Barons of the Scotland. Exchequer, Scotland: 7 Geo. 2, c. 16, s. 4. Sheriffs depute and Stewards depute: 21 Geo. 2, c. 19, s. 11. Judges of the High Court of Justice or of the Court Ireland. of Appeal: 40 & 41 Vict. c. 57, s. 13. Judges of the Court of Bankruptcy and Insolvency: 20 & 21 Vict. c. 60, s. 14. Vice-Chancellor of the Court of Chancery: 30 & 31 Vict. c. 44, s. 4. Any person being a member of, or holding office under, the Irish Land Commission, or being an Assistant Commissioner, during the time that he holds his office: 44 & 45 Vict. c. 49, s. 54. The following other persons are expressly disqualified OTHER by statute : Commissioners of the Revenue in Ireland. Commissioners of the Navy and Victualling Offices. Of the Commissioners of the Revenue in Ireland. Of the Lord High Treasurer. Of the Commissioners of the Treasury. Of the Auditor of the Exchequer. Of the Tellers of the Exchequer. Of the Lord High Admiral. Of the Commissioners of the Admiralty. DISQUALI FYING OFFICES. OTHER DISQUALIFYING OFFICES. Of the Paymasters of the Army and Navy. Of the Commissioners of Wine Licences. Of the Commissioners of Hackney Coaches. Of the Commissioners of Hawkers and Pedlars. And persons having any office, civil or military, in Gibraltar, except officers having commissions in any regiment there only: 15 Geo. 2, c. 22, s. 1 (p). Commissioners of Customs, Excise, or Stamps in Ireland (g). Agent of any regiment in Ireland. And persons concerned in Ireland in the farming, collecting, or managing the moneys, duties or other aids granted to the Sovereign by Parliament: 41 Geo. 3, c. 52, s. 4. Auditor of the Civil List: 56 Geo. 3, c. 46, s. 8. Commissioners of Public Works in Ireland: 1 & 2 Will. 4, c. 33, s. 11. Collector-General and Officers (Dublin): 12 & 13 Vict. c. 91, s. 24. Registrar of Deeds in Ireland: 2 & 3 Will. 4, c. s. 36. 87, Commissioners of Woods: 14 & 15 Vict. c. 42, s. 10. Three paid Charitable Trust Commissioners, their Secretary and Inspector: 16 & 17 Vict. c. 137, s. 5, (18 & 19 Vict. c. 124, s. 3, and 37 & 38 Vict. c. 87, s. 2, provide for the appointment of additional Inspectors and Commissioners). (p) If holders of any of the above offices are returned their election is void, and if any such person sits or votes he is to forfeit twenty pounds for every day. (9) Holders of offices, similar to these in England, are not incapable of being elected, although such offices must be resigned by members before sitting. 5 Will. & Mary, c. 7, s. 59; 12 & 13 Will. 3, c. 10, ss. 87, 88; and 7 & 8 Geo. 4, c. 53, s. 8 (amended by 54 & 55 Vict. c. 67), merely prohibit members from holding such offices. See also, as to prohibitions against members being Election Commissioners or Revising Barristers, 15 & 16 Vict. c. 57, s. 1; and 6 & 7 Vict. c. 18, s. 28. West Indian Incumbered Estates Commissioners: OTHER 17 & 18 Vict. c. 117, s. 11. DISQUALI- Comptroller and Auditor-General of the Exchequer OFFICES. and Assistant ditto: 29 & 30 Vict. c. 39, s. 3. Members of the Indian Council: 21 & 22 Vict. c. 106, s. 12. Receiver for Metropolitan Police District: 10 Geo. 4, c. 44, s. 18. Commissioner and three Assistant Commissioners of Metropolitan Police: 19 & 20 Vict. c. 2, s. 9; 47 & 48 Vict. c. 17. Commissioner of City of London Police: 2 & 3 Vict. c. xciv, s. 7. Inspector-General, Deputy Inspector-General, Receiver, and County Inspector of the Irish Constabulary: 6 & 7 Will. 4, c. 13, s. 18. Receiver and Officers in the Dublin Police: 48 Geo. 3, c. 140, s. 14; 6 & 7 Will. 4, c. 29, s. 19. Paid Clerks and other paid officials in the permanent employment of the County Council, who are required to devote their whole time to such employment: 51 & 52 Vict. c. 41, s. 83 (13). As to persons holding office in excess of number allowed by statute, see 27 & 28 Vict. c. 34, ss. 1, 2, 3 ; 6 Anne, c. 41, s. 26; 2 & 3 Will. 4, c. 40, s. 1; 21 & 22 Vict. c. 106, s. 4. By the Irish Act 33 Geo. 3, c. 41, s. 1, the SurveyorGeneral in the Revenué, the Collector in the Revenue appointed by the Commissioners of the Customs or Excise, except the Collectors of Customs and Excise in the port of Dublin, and in the County and City of Dublin, and any of the Secretaries— To the Commissioners of Customs, To the Excise, To the Commissioners of Accounts, To the Commissioners of the Barracks, To the Post Office, and To the Board of Ordnance; and the Paymaster of Bounties on Corn coming coastwise to the City of Dublin, are disqualified. |