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Statute Law Repeals - Law Commission - Ministry of Justice

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City <strong>of</strong> London Gauger Act (1817)<br />

6.114 The preamble to this 1817 Act 196 recorded that the <strong>of</strong>fice <strong>of</strong> Gauger within the<br />

City <strong>of</strong> London was granted to the City by letters patent dated 20 June 1479. 197<br />

The Gauger’s functions included examining and measuring all barrels <strong>of</strong> wine,<br />

beer, oil and other liquid substances brought by sea into the City <strong>of</strong> London. The<br />

Gauger charged fees for these services. The preamble also recorded that, until<br />

the completion <strong>of</strong> the West India Docks and the London Docks in the early 1800s,<br />

liquor imported into London would arrive in the City where it would be processed<br />

by the deputy Gauger, thereby earning the City <strong>of</strong> London a considerable sum by<br />

way <strong>of</strong> pr<strong>of</strong>its and revenue. The completion <strong>of</strong> the docks meant that much <strong>of</strong> the<br />

liquor was now arriving in the docks rather than in the City, a change that resulted<br />

in a loss <strong>of</strong> income both for the City and for the person currently holding the <strong>of</strong>fice<br />

<strong>of</strong> deputy Gauger. 198 Finally the preamble recorded that the cost <strong>of</strong> compensating<br />

the City and the estate <strong>of</strong> the late deputy Gauger for their respective losses could<br />

be met by increasing the fees payable by persons seeking to be admitted as<br />

commodity brokers within the City. 199 The licensing <strong>of</strong> such brokers was an<br />

ancient power exercised by the City. 200<br />

6.115 The 1817 Act accordingly provided that every person wishing to be admitted to<br />

act as a commodity broker within the City <strong>of</strong> London as from 1 July 1817 was<br />

required to pay to the City Chamberlain an admission fee <strong>of</strong> three pounds and a<br />

yearly fee <strong>of</strong> three pounds (in addition to the existing admission fee <strong>of</strong> forty<br />

shillings and the existing annual fee <strong>of</strong> forty shillings). Part <strong>of</strong> this fee income was<br />

to be paid by way <strong>of</strong> compensation to the estate <strong>of</strong> the late deputy Gauger, the<br />

balance being paid to the City.<br />

6.116 The City’s jurisdiction over commodity brokers, and the fees payable by them,<br />

ended with the passing <strong>of</strong> the London Brokers’ Relief Act 1884 201 which took<br />

effect on 29 September 1886. Accordingly the 1817 Act thereupon became spent<br />

and its repeal is proposed on that basis.<br />

196 57 Geo.3 c.lx.<br />

197 This grant was made by Edward IV and was confirmed by letters patent.<br />

198 The most recent <strong>of</strong>fice-holder had been Nicholas Bacon Harrison, appointed in 1806<br />

following the death <strong>of</strong> his brother who had also been the deputy Gauger. Mr Harrison paid<br />

a yearly rent <strong>of</strong> £750 for the right to exploit this apparently lucrative <strong>of</strong>fice. He died in 1817.<br />

199 These fees were first charged in 1707 pursuant to an Act <strong>of</strong> that year: 6 Ann c.68 (City <strong>of</strong><br />

London (garbling <strong>of</strong> spices and admission <strong>of</strong> brokers)). This Act was repealed by the Food<br />

and Drugs Act 1938 (c.56), s 101, Sch 4.<br />

200 Between 1285 and 1886 the Corporation <strong>of</strong> London was empowered to license all<br />

commodity brokers operating in the City <strong>of</strong> London.<br />

201 47 & 48 Vict. c.3. This Act was repealed by the <strong>Statute</strong> <strong>Law</strong> Revision Act 1898.<br />

203

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