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SALE OF OFFICES ACT 1809

SALE OF OFFICES ACT 1809 - LONG TITLE

An Act for the further Prevention of the Sale and Brokerage of
Offices.{1}
[20th June 1809]
1551 c.16

WHEREAS an Act passed in the fifth and sixth year of the reign of
King Edward the Sixth, intituled "The Sale of Offices Act, 1551":
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 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 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 honors, 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 ministered, 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 anything 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 anything
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 anything 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:[

SALE OF OFFICES ACT 1809 - SECT 1
Provisions of recited Act extended to other offices.

1.] 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 ... 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,
... 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 may hereafter belong to His Majesty,
..., 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.

SALE OF OFFICES ACT 1809 - SECT 2
When right forfeited, appointment to go to His Majesty.

2. Provided always, that where the right, estate, or interest of
any person or persons shall be forfeited under any of the
provisions of the said Act or this Act, the right of such
appointment shall immediately vest in and belong to His Majesty, his
heirs and successors.

SALE OF OFFICES ACT 1809 - SECT 3
Persons buying or selling offices, or receiving or paying money or
rewards for offices, guilty of a misdemeanor.

3. And 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 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, or 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.

SALE OF OFFICES ACT 1809 - SECT 4
Persons receiving or paying money for soliciting offices, or for any
negociations or pretended negociations relating thereto, guilty of a
misdemeanor.

4. And 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, recommendation, or
negociation whatever made or to be made or pretended to be made,
or under any pretence of making or causing or procuring to be made
any interest, solicitation, petition, request, recommendation, or
negociation, in or about or in anywise touching, concerning, or
relating to 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
negociation 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 negociation 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
negociate in any manner for any person or persons in any matter
that shall in anywise 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.

SALE OF OFFICES ACT 1809 - SECT 5
Persons opening or advertising houses for transacting business
relating to the sale of offices, guilty of a misdemeanor.

5. And whereas, on the pretence of negociating or soliciting the
sale, transfer, or appointment of any office or offices which under
the exception of this Act or otherwise it may be lawful to sell,
offices for negociating the same and advertisements may be published
by means and under the colour of which illegal transactions intended
to be prohibited by this Act may be carried on: from and after
the passing of this Act, if any person or persons shall open or
keep any house, room, office, or place for the soliciting,
transacting, or negociating in any manner whatever any business
relating to vacancies in, or the sale or purchase of, or
appointment, nomination, or deputation to, or resignation, transfer,
or exchange of any offices, commissions, places, or employments
whatever in or under any publick department, then and in every such
case every such person, and also every person who shall wilfully
and knowingly aid, abet, or assist therein, shall be deemed and
adjudged guilty of a misdemeanor.

SALE OF OFFICES ACT 1809 - SECT 6
Penalty on persons advertising such houses, or the names of brokers
or agents.

6. And if any person or persons shall advertise or publish or
cause or procure to be advertised, or in any manner published any
house, room, office, or place to have been or to be opened, set
up, or kept for any of the purposes aforesaid, or advertise or
publish or cause or procure to be advertised or published the name
or names of any person or persons as broker or brokers, agent or
agents, solicitor or solicitors for any of the purposes aforesaid,
or print or cause or procure or permit or suffer to be printed or
advertised any advertisement or advertisements, proposal or proposals
for any of the purposes aforesaid, then and in such case such
person or persons shall forfeit for every such offence the sum of
fifty pounds ....

Ss.7, 8 rep. by SLR 1872 (No. 2)

SALE OF OFFICES ACT 1809 - SECT 9
Act not to extend to offices excepted in former Acts, &c.

9. Provided always, that nothing in this Act contained shall extend
or be construed to extend to any office excepted from the
provisions of the said Act passed in the sixth year of the reign
of King Edward the Sixth against buying and selling of offices, or
to any office which was legally saleable before the passing of this
Act and in the gift of any person by virtue of any office of
which such person is or shall be possessed under any patent or
appointment for his life, ....

SALE OF OFFICES ACT 1809 - SECT 10
Act not to extend to deputations where it is lawful to appoint
deputies, or to agreements as to payment of principal or deputy out
of the fees.

10. Provided also, that nothing in this Act contained shall extend
or be construed to extend to prevent or make void any deputation
to any office in any case in which it is lawful to appoint a
deputy, or any agreement, contract, bond, or assurance lawfully made
in respect of any allowance, salary, or payment made or agreed to
be made by or to such principal or deputy respectively out of the
fees or profits of such office.

SALE OF OFFICES ACT 1809 - SECT 11
Act not to extend to annual payments out of the fees of any
office to any former holder;

11. Provided also, that nothing in the said Act or in this Act
contained shall extend to any annual reservation, charge, or payment
made or required to be made out of the fees, perquisites, or
profits of any office to any person who shall have held such
office, in any commission or appointment of any person succeeding to
such office, or to any agreement, contract, bond, or other assurance
made for securing such reservation, charge or payment: Provided
always, that the amount of such reservation, charge, or payment, and
the circumstances and reasons under which the same shall have been
permitted shall be stated in the commission, patent, warrant, or
instrument of appointment of the person so succeeding to and holding
such office and paying or securing such money as aforesaid.

S.12 rep. by SLR 1872 (No. 2). S.15 rep. by SLR 1872 (No. 2)






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