Sale of Offices Act 1809

1809 CHAPTER 126

An Act for the further Prevention of the Sale and Brokerage of Offices.

[20th June 1809]

WHEREAS an [5 & 6 Ed. 6. c. 16.] Act passed in the Fifth and Sixth Year of the Reign of King Edward the Sixth, intituled, Against buying and felling of Offices: 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 fold 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 Profit, directly or indirectly, or took any Promise, Agreement, Covenant, Bond, or any Assurance, to receive or have any Money, Fee, Reward, or other Profit, 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 mould 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, mould in any wife 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 Honors, Castles, Manors, Lauds, 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 ministered, that then all and every such Person and Persons that should so bargain or fell any of the said Office or Offices, Deputation or Deputations, or that mould 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 -mould 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, mould not only lose and forfeit all his and their Right, Interest, and Estate which such Person or Persons mould 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 mould 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 air 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 Moneys 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 k Was in the said Act provided, that the said Ad, or any Thing therein contained, should not In any wife 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; Chafe, 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 Content of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same,