Colonial Leave of Absence Act 1782

AN ACT to prevent the granting in future any Patent Office to be exercised in any Colony or Plantation now or at any time hereafter belonging to the Crown of Great Britain for any longer Term than during such Time as the Grantee thereof, or Person appointed thereto, shall discharge the Duty thereof in person, and behave well therein.

WHEREAS the practice of granting offices in his Majesty's colonies and plantations in America and the West Indies to persons resident and intending to reside in Great Britain (in consequence whereof such offices are exercised by deputy, and have been frequently farmed out to the best bidder) has been long complained of as a grievance by his Majesty's loyal subjects in those parts, who have been thereby exposed to exactions and oppressions, as well as to inconveniences arising from neglect of duty: May it please your Majesty, that it may be enacted and be it 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 henceforth no office to be exercised in any colony or plantation now or at any time hereafter belonging to the Crown of Great Britain shall be granted or grantable by patent for any longer term than during such time as the grantee thereof, or person appointed thereto, shall discharge the duty thereof in person, and behave well therein.

AND if any person or persons holding such office shall be wilfully absent from the colony or plantation wherein the same is or ought to be exercised, without a reasonable cause to be allowed by the governor and council for the time being of such colony or plantation, or shall neglect the duty of such office, or otherwise misbehave therein, it shall and may be lawful to and for such governor and council to amove such person or persons from every or any such office; and in case any person or persons so amoved shall think himself aggrieved thereby, it shall and may be lawful to and for the person or persons so aggrieved to appeal therefrom, as in other cases of appeal from such colony or plantation whereon such amotion shall be finally judged of and determined by his Majesty in council.

PROVIDED always that it shall be lawful for the governor and council of any colony or plantation to give such leave of absence as they shall see occasion, and in such case, as likewise in the case of vacancy occasioned by death or amotion, to provide for the due discharge of the duties of such office or offices until the King's pleasure shall be known.

PROVIDED also, that nothing herein shall operate to the prejudice of any subsisting grant of such office or offices or to prevent any office being granted determinable at pleasure.