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§ 147. “Office of Profit under the Crown.”

A person holding an office of profit under the Crown is incapable of being chosen or of sitting as a senator or as a member of the House of Representatives. This general disqualification would apply to persons holding office under the Crown in any part of the British dominions, with the exceptions mentioned at the end of this section, viz., (1) the


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Queen's Ministers of State for the Commonwealth; (2) the Queen's Ministers for a State; (3) officers or members of the Queen's army or navy in receipt of pay, half-pay, or a pension; and (4) to officers or members of the naval or military forces of the Commonwealth whose services are not wholly employed by the Commonwealth.

The office of President of the Senate, or Speaker of the House of Representatives, with a salary annexed thereto, would not be an office of profit under the Crown. Those dignitaries are appointed by the respective Houses, not by the Crown; they are not servants of the Crown. (See Conv. Deb., Melb., p. 2448.)

“In England the holders of new offices under the Crown created since 25th October, 1705, are incapable of being elected or of sitting and voting (6 Anne, c. 41, s. 24) unless a statutory exception has been made in favour of such new offices. By sec. 25, members of the House of Commons accepting from the Crown old offices, that is to say, offices created before 1705, vacate their seats, but may be re-elected.” (Encycl. Laws of England, ix. p. 399.)

“No senator or representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time; and no person holding any office under the United States shall be a member of either House during his continuance in office.” (Const. of U.S. Art. I. sec vi. subs. 2.)

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