Sale of Offices Act 1809

JurisdictionUK Non-devolved
Citation1809 c. 126
Year1809
Anno Regni GEORGII III. Britanniarum Regis,Quadragesimo nono. An Act for the further Prevention of the Sale and Brokerage of Offices.

(49 Geo. 3) C A P. CXXVI.

[20th June 1809]

'WHEREAS an Act passed it the Fifth and Sixth Year of the Reign of KingEdward the Sixth, intituled, :And Whereas it was in and by the said Act enacted, amongst other Things, That if any Person or Persons at any Time thereafter bargained or sold any Office or Offices, or Deputation of any Office or Offices, or any Part or Parcel of any of them, or received, had, or took any Money, Fee, Reward, or any other Prosit, directly or indirectly, or took any Promise, Agreement, Covenant, Bond, or any Assurance, to receive or have any Money, Fee, Reward, or other Prosit, directly or indirectly, for any Office or Offices, or for the Deputation of any Office or Offices, or any Part of any of them, or to the Intent that any Person should have, exercise, or enjoy any Office or Offices, or the Deputation of any Office or Offices, or any Part of any of them, which Office or Offices, or any Part or Parcel of them, should in anywise touch or concern the Administration or Execution of Justice, or the Receipt, Controlment, or Payment of any of the King's Highness Treasure, Money, Rent, Revenue, Account, Aulnage, Auditorship, or surveying of any of the King's Majesty's Honours, Castles, Manors, Lands, Tenements, Woods, or Hereditaments, or any of the King's Majesty's Customs, or any other Administration or necessary Attendance to be had, done, or executed in any of the King's Majesty's Custom House or Houses, or the keeping of any of the King's Majesty's Towns, Castles, or Fortresses, being used, occupied, or appointed for Places of Strength and Defence, or which should concern or touch any Clerkship to be occupied in any Manner of Court of Record, wherein Justice was to be administered, that then all and every such Person and Persons that should so bargain or sell any of the said Office or Offices, Deputation or Deputations, or that should take any Money, Fee, Reward, or Profit for any of the said Office or Offices, Deputation or Deputations of any of the said Offices, or any Part of any of them, or that should take any Promise, Covenant, Bond, or Assurance for any Money, Reward, or Profit to be given for any of the said Office or Offices, Deputation or Deputations of any of the said Office or Offices, or any Part of any of them, should not only lose and forfeit all his and their Right, Interest, and Estate which such Person or Persons should then have, of, in, or to, any of the said Office or Offices, Deputation or Deputations or any Part of any of them, or of, in, or to, the Gift or Nomination of any of the said Office or offices, Deputation or Deputations for the which Office or Offices, or for the Deputation or Deputations of which Offices, or for any Part of any of them, any such Person or Persons should so make any Bargain or Sale, or take or receive any Sum of Money, Fee, Reward, or Profit, or any Promise, Covenant, or Assurance to have or receive any Fee, Reward, Money, or Profit, but also that all and every such Person or Persons that should give or pay any Sum of Money, Reward, or Fee, or should make any Promise, Agreement, Bond, or Assurance for any of the said Offices, or for the Deputation or Deputations of any of the said Office or Offices, or any Part of any of them, should immediately by and upon the same Fee, Money, or Reward given or paid, or upon any such Promise, Covenant, Bond, or Agreement had or made for any Fee, Sum of Money, or Reward, to be paid as is aforesaid, be adjudged a disabled Person in the Law to all Intents and Purposes, to have, occupy, or enjoy the said Office or Offices, Deputation or Deputations, or any Part of any of them, for the which such Person or Persons should so give or pay any Sum of Money, Fee, or Reward, or make any Promise, Covenant, Bond, or other Assurance, to give or pay any Sum of Money, Fee, or Reward; and that all and every such Bargains, Sales, Promises, Bonds, Agreements, Covenants, and Assurances as before specified should be void to and against him and them by whom any such Bargain, Sale, Bond, Promise, Covenant, or Assurance should be had or made: And Whereas it was in the said Act provided, that the said Act, or any Thing therein contained, should not in anywise extend to any Office or Offices, whereof any Person or Persons was or should be seised of any Estate of Inheritance, nor to any Office of Parkership, or of the keeping of any Park, House, Manor, Garden, Chase, or Forest, or to any of them: And Whereas it was by the said Act further provided, that if any Person or Persons did thereafter offend in any Thing contrary to the Tenor and Effect of the said Act, yet that notwithstanding all Judgments given, and all other Act and Acts executed or done by any such Person or Persons so offending by Authority or Colour of the Office or Deputation which ought to be forfeited or not occupied or not enjoyed by the Person so offending, after the said Offence so by such Person committed or done, and before such Person so offending for the same Offence should be removed from the Exercise, Administration, and Occupation of the said Office or Deputation, should be and remain good and sufficient in Law, to all Intents Constructions, and Purposes, in such like Manner and Form as the same would or ought to have remained and been if this Act had never been had or made; And Whereas it was by the said Act further provided, that the said Act, or any Thing therein contained, should not in anywise extend, or be prejudicial or hurtful to any of the Chief Justices of the King's Courts, commonly called the King's Bench or Common Place, or to any of the Justices of Assize, that then were or thereafter should be, but that they and every of them might do in every Behalf touching or concerning any Office or Offices to be given or granted by them or any of them, as they or any of them might have done before the making of the said Act:' Be it therefore declared and enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the passing of this Act, the said Act and all the Provisionstherein contained shall extend and be construed to extend toScotland 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 Superintendance and Controul 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...

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