assurances

III. And be it also enacted by the authority aforesaid, The barthat all and every such bargains, sales, promises, bonds, gains and agreements, covenants, and assurances, as be before specified, shall be void, to and against him and them by whom void. any such bargain, sale, bond, promise, covenant, or assurance, shall be had or made.

offices this

IV. Provided alway, that this act, or any thing therein To what contained, shall not in any wise extend to any office or statute shall offices, whereof any person or persons is or shall be seized not extend. of any estate of inheritance; nor to any office of partnership, or of the keeping of any park, house, manor, garden, chase, or forest, or to any of them; anything in this act heretofore mentioned to the contrary thereof in any wise notwithstanding.

V. [Provides that all judgments given, and acts done by any person removable by this act, shall be good.]

VII. [Provides that this act shall not extend to offices given by the two chief justices or the justices of assize.]

Note. The buying and selling of offices is an offence malum in se, and indictable at common law : Stockwell v. North, Noy, 102; see, upon this subject, R. v. Vaughan, 4

Burr. 2494. The sale of offices in the courts of King's Bench and Common Pleas is abolished by stat. 6 Geo. 4, c. 82 & 83.

49 Geo. 3, c. 126.

[Recites the 5 & 6 Ed. 6, c. 16. and then proceeds.] Be it therefore declared and enacted, &c. that from and after the passing of this act, the said act and all the provisions therein contained, shall extend and be construed to extend to Scotland and Ireland, and to all offices in the gift of the crown, or of any office appointed by the crown, and all commissions, civil, naval, or military, and to all places and employments, and to all deputations to any such offices, commissions, places, or employments, in the respective departments or offices, or under the appointment or superintendence and control of the lord high treasurer or commissioners of the treasury, the secretary of state, the lords commissioners for executing the office of lord high admiral, the master-general and principal officers of his majesty's ordnance, the commander-in-chief, the secretary-at war, the paymaster-general of his majesty's forces, the commissioners for the affairs of India, the commissioners of the excise, the treasurer of the navy, the commissioners of the navy, the commissioners for victualling, the commissioners of transports, the commissary-general, the storekeepergeneral, and also the principal officers of any other public department or office of his majesty's government in any part of the united kingdom, or in any of his majesty's dominions, colonies, or plantations, which now belong or

Persons

buying or selling offices, or receiving or paying money or

rewards for

offices,

misdemeanor.

may hereafter belong to his majesty, and also to all offices, commissions, places, and employments belonging to or under the appointment or control of the united company of merchants of England trading to the East Indies, in as full and ample a manner as if the provisions of the said act were repeated as to all such offices, commissions, places, and employments, and made part of this act; and the said act and this act, and all the clauses and provisions therein respectively contained, shall be construed as one act, as if the same had been herein repeated and re-enacted.

II. [Right of appointment, when forfeited, to go to his majesty, his heirs and successors.]

III. And be it further declared and enacted, that from and after the passing of this act, if any person or persons shall sell or bargain for the sale of, or receive, have, or take any money, fee, gratuity, loan of money, reward, or profit, directly or indirectly, or any promise, agreement, covenant, contract, bond, or assurance, or shall by any way, device, or means, contract or agree to receive or have guilty of a any money, fee, gratuity, loan of money, reward, or profit, directly or indirectly, and also if any person or persons shall purchase or bargain for the purchase of, or give or pay any money, fee, gratuity, loan of money, reward, or profit, or make or enter into any promise, agreement, covenant, contract, bond, or assurance, to give or pay any money, fee, gratuity, loan of money, reward or profit, or shall by any way, means, or device, contract or agree to give or pay any money, fee, gratuity, loan of money, reward or profit, directly or indirectly, for any office, commission, place, or employment specified or described in the said recited act or this act, or within the true intent or meaning of the said act or this act, or for any deputation thereto, or for any part, parcel, or participation of the profits thereof, or for any appointment or nomination thereto or resignation thereof, or for the consent or consents, voice or voices, of any person or persons, to any such appointment, nomination, or resignation, then and in every such case, every such person, and also every person who shall wilfully and knowingly aid, abet, or assist such person therein, shall be deemed and adjudged guilty of a misdemeanor.

Persons receiving or paying money for

soliciting offices,

IV. And be it further enacted, that from and after the passing of this act, if any person or persons shall receive, have, or take any money, fee, reward, or profit, directly or indirectly, or take any promise, agreement, covenant, contract, bond, or assurance, or by any way, means, or device, contract or agree, to receive or have any money, fee, gratuity, loan of money, reward, or profit, directly or indirectly, for any interest, solicitation, petition, request, recomnegotiations mendation, or negotiation whatever, made or to be made, relating or pretended to be made, or under any pretence of making,

and any negociations, or pretended

misde.

or causing or procuring to be made, any interest, solicita- thereto, tion, petition, request, recommendation, or negotiation, in guilty of a or about, or in any wise touching, coucerning, or relating to meanor any nomination, appointment, or deputation to or resignation of any such office, commission, place, or employment as aforesaid, or under any pretence for using or having used any interest, solicitation, petition, request, recommendation, or negotiation, in or about any such nomination, appointment, deputation, or resignation, or for the obtaining, or having obtained, the consent or consents, or voice or voices, of any person or persons as aforesaid, to such nomination, appointment, deputation, or resignation; and also if any person or persons shall give, or pay, or cause or procure to be given or paid any money, fee, gratuity, loan of money, reward, or profit, or make, or cause or procure to be made, any promise, agreement, covenant, contract, bond, or assurance, or by any way, means, or device, contract or agree, or give or pay, or cause or procure to be given or paid, any money, fee, gratuity, loan of money, reward, or profit, for any solicitation, petition, request, recommendation, or negotiation whatever, made or to be made, that shall in anywise touch, concern, or relate to any nomination, appointment, or deputation to, or resignation of, any such office, commission, place, or employment as aforesaid, or for the obtaining, or having obtained, directly or indirectly, the consent or consents, or voice or voices, of any person or persons as aforesaid, to any such nomination, appointment, deputation, or resignation; and also, if any person or persons shall, for or in expectation of gain, fee, gratuity, loan of money, reward, or profit, solicit, recommend, or negotiate, in any manner, for any person or persons, in any matter that shall in any wise touch, concern, or relate to any such nomination, appointment, deputation, or resignation aforesaid, or for the obtaining, directly or indirectly, the consent or consents, or voice or voices, of any person or persons, to any such nomination, appointment, or deputation, or resignation aforesaid, then, and in every such case, every such person, and also every person who shall wilfully and knowingly aid, abet, or assist such person therein, shall be deemed and adjudged guilty of a misdemeanor.

V. [Persons opening or advertising houses for transacting business relating to the sale of offices, guilty of a misdemeanor.]

VI. [Penalty on persons advertising or publishing the names of brokers or agents.]

VII. Provided always, and be it further enacted, that Act not to extend to nothing in this act contained shall extend or be construed purchase or to extend to any purchases, sales, or exchanges of any sale of comcommissions or appointments in the honourable band of missions for gentlemen pensioners, or in his majesty's yeoman guard, or the regu

or autho

rized regi

mental

agents, act.

ing in such

cases ac

cording to regulation, without fee or reward.

lated prices, in the Marshalsea, and the court of the king at the palace of the king at Westminster, or to extend to any purchases, sales, or exchanges, of any commissions in his majesty's forces, for such prices as shall be regulated and fixed by any regulation made, or to be made, by his majesty in that behalf, or to any act or thing done in relation thereto, by any agents, provided that such agents shall be agents of regiments authorized by the commander-in-chief of his majesty's forces, or by the colonels or commandants of regiments or corps, and shall act therein under such regulations only as are or shall, from time to time, be established by his majesty, or shall not cause or procure, or knowingly permit or suffer to be printed or advertised, any advertisement or advertisements, proposal or proposals, for any purchase, or sale or exchange of any commission, or any negotiation relating thereto, and shall not receive or take any money, fee, gratuity, or reward, or any promise, agreement, covenant, contract, bond, or assurance, or by any way, means, or device, contract, or agree to receive or have any money, fee, gratuity, or reward, for acting in such behalf.

Officers in

more than

regulated prices, or paying agents for negotiating, to forfeit

their commissions, and be cashiered; their com

VIII. Provided also, and be it further enacted, that army giving every officer in his majesty's forces, who shall take, accept, or receive, or pay, or agree to pay, any larger sum of money, directly or indirectly, than what is allowed by any regulations made by his majesty in relation to the purchase, sale, or exchange of commissions in his majesty's forces, or who shall pay, or cause to be paid, any sum of money, to any agent or broker, or other person, for negotiating the purchase, or sale, or exchange of any such commission, shall, on being convicted thereof, by a general court martial, forfeit his commission, and be cashiered; and, as an encoumissions to ragement for the detection of such practices, such commisbe sold, and sion so forfeited shall be sold, and half the regulated value produce, (not exceeding five hundred pounds), shall be paid to the when not informer, and the other half, or the remainder, if more than exceeding a five hundred pounds, shall go and be applied as his mato go to in- jesty shall order and direct, by any regulations, from time to former. time, made in that behalf: provided, also, that every person

half of the

certain sum,

who shall sell his commission in his majesty's forces, and not continue to hold any commission in his majesty's forces, and shall, upon or in relation to such sale, take, accept, or receive, directly or indirectly, any money, fee, gratuity, loan of money, reward, or profit, or any promise, agreement, covenant, contracts, bond, or assurance, or shall, by any device or means, contract or agree to receive or have any money, fee, gratuity, loan of money, reward, or profit, beyond the regulated price or value of the commission sold, and also every person who shall wilfully or knowingly aid, abet, or assist such person therein, shall be deemed and adjudged guilty of a misdemeanor, within the provisions of this act.

IX. [Provides that nothing in this act contained shall extend to any office excepted from the provisions of the act of King Edward the Sixth, or to any office which was legally saleable before the passing of this act, or shall affect any contract, &c., entered into before the passing of this act, and which, before the passing thereof, was a valid contract, &c.]

X. [Provides that nothing in this act contained shall make void any deputation to any office, in any case in which it is lawful to appoint a deputy, &c.]

XI. [Provides that the act shall not extend to annual payments out of the fees of any office, to any person for. merly holding such office.]

CORRUPTION AT ELECTIONS.

53 Geo. 3, c. 89.

of the great seal, to

For the more expeditious and regular conveyance of Messenger writs for the election of members to serve in parliament; be it enacted, &c., that when any new parliament shall at carry writs any time hereafter be summoned or called, as also in all to sheriffs of cases of vacancy during this present or any future parlia- London and Middlesex, ment, the messenger or pursuivant of the great seal, or his and all deputy, shall, after the receipt thereof, forthwith carry other writs such of the said writs as shall be directed to the Sheriffs to the postof London, or Sheriff of Middlesex, to the respective offices masterof such sheriffs or sheriff; and all such other writs to the who shall general, general post-office in London, and there deliver the same forward the to the postmaster or postmasters-general for the time being, same, &c. or to such other person or persons as the said postmaster or postmasters-general shall depute to receive the same (and which deputation they are hereby respectively required to make), who, on receipt thereof, shall give an acknow. ledgment in writing of such receipt to the said messenger or his deputy, from whom the same shall be received, expressing therein the time of such delivery, and shall keep a duplicate of such acknowldgement, signed by the parties respectively to whom, and by whom, the same shall be so delivered; and the said postmaster or postmastersgeneral, or such their deputy or deputies, shall despatch all such writs, free from the charges of postage, (which they are hereby authorized to do), by the first post or mail after the receipt thereof, under covers respectively directed to the proper officer or officers to whom the said writs shall be respectively directed, and to no other person whomsoever, accompanied with proper directions to the postmaster, or deputy-postmaster of the town or place, or nearest to the town or place where such officer or officers shall hold his or their office, requiring such postmaster or deputy-postmaster, forthwith to carry such writs respectively to such office, and to deliver the same there to such officer or officers to whom the same shall be respectively