House of Commons Qualification Act 1838

The House of Commons Qualification Act 1838 (1 & 2 Vict. c. 48) was an Act of Parliament in the United Kingdom, signed into law on 27 July 1838.

It repealed the Qualification of Members of House of Commons Act 1759 and the Parliament Act 1710.

The Act provided that no person would be capable of being elected as a member of the House of Commons for any county, unless he possessed an estate, or other income, of the clear annual value of £600 over and above any encumbrances. The same provision applied to members for cities or boroughs, and the Cinque Ports, except that in these cases the income needed only be £300 per annum.

Candidates at elections were, if required, to declare to the returning officer (or a commissioner or a justice) that they possessed such estate; this would be certified under a penalty of £100 for a false declaration. If the declaration was found to be false on the advice of an informer, then they would obtain half the penalty.

Every member was to deliver a statement of qualification to the table of the House of Commons and make such a declaration before they could take their seat or vote; a false declaration would make them guilty of a misdemeanour.

If the member took his seat, or voted, before complying with the provisions of this Act, then his election would be considered void. The Act did not extend to the members for university constituencies, or to the eldest sons of peers.

References

The British almanac of the Society for the Diffusion of Useful Knowledge, for the year 1839. The Society for the Diffusion of Useful Knowledge, London, 1839.

United Kingdom legislation

Pre-Parliamentary legislation	List of English statutes Charter of Liberties Magna Carta

Acts of Parliament by states preceding the Kingdom of Great Britain	Acts of the Parliament of England to 1483 1485–1601 1603–1641 Interregnum (1642–1660) 1660–1699 1700–1706 Acts of the Parliament of Scotland Acts of the Parliament of Ireland to 1700 1701–1800

Acts of Parliament of the Kingdom of Great Britain	1707–1719 1720–1739 1740–1759 1760–1779 1780–1800

Acts of Parliament of the United Kingdom of Great Britain and Ireland and the United Kingdom of Great Britain and Northern Ireland	1801–1819 1820–1839 1840–1859 1860–1879 1880–1899 1900–1919 1920–1939 1940–1959 1960–1979 1980–1999 2000 to date Halsbury's Statutes UK Statute Law Database Short titles

Church of England measures	List Church of England Assembly (Powers) Act 1919

Legislation of devolved institutions	Acts of the Scottish Parliament Acts and Measures of the National Assembly for Wales Acts of the Northern Ireland Assembly Acts of the Parliament of Northern Ireland Orders in Council for Northern Ireland

Orders-in-Council	Order in Council

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