To provide for the Recovery of Debts from Persons having Privilege of Parliament, and for the Exclusion of Insolvent Members from the House of Commons.

W

HEREAS it is highly necessary for the Preservation of the Preamble.
Dignity and Independence of Parliament that Members of

the House of Commons who become insolvent and do not pay their Debts shall not retain their Seats: Be it therefore enacted 5 by the Queen'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 if at any Time after the passing of this Act any Member of If any Member,not being the House of Commons, not being a Trader against whom a Fiat a Trader, 10 in Bankruptcy shall have issued, shall be indebted in any Sum shall be inof Money actually due and payable upon any Judgment, Decree, Sum of debted in any Rule, or Order in any Court of Law or Equity in England or Money upon Ireland, which Judgment, Decree, Rule, or Order shall have been any Judgregistered, enrolled, or entered of Record according to the Practice shall be law15 of the several Courts respectively, and shall still remain unsatisfied, ful for the it shall be lawful for the Person or Persons entitled to receive the apply to the Money so due and payable to apply to the Court in which the said Court in Judgment, Judgment,

127.

A

ment, &c., it

Creditor to

which such

&c. was ob- Judgment, Decree, Rule, or Order shall have been registered, tained, to fix enrolled, or entered of Record as aforesaid, or to any Judge of such a peremptory Day for Pay- Court, to fix a peremptory Day for the Payment of such Money, which shall accordingly be fixed, by an Order for that Purpose, at such Time as the said Court or Judge shall see fit.

ment.

Creditor to

one clear

5

II. And be it enacted, That the Person or Persons entitled to give Twenty- receive the Money so due and payable shall cause a Notice in Days Notice Writing to be served upon such Member, or left at his last known of Intention Place of Abode, under an Order of the Court made upon Proof that to apply. such Member has absconded to avoid Payment of the Money so due 10 and payable as aforesaid, or of Service of the said Notice, stating his or their Intention to apply to the said Court, or to a Judge thereof, to fix a peremptory Day for the Payment of the Money so due to him or them as aforesaid, which said Notice shall be so given or left Twenty-one clear Days before such Application is made to the 15 said Court or Judge to fix the peremptory Day, and the said Court or Judge shall be empowered and is hereby authorized to fix such peremptory Day, by an Order for that Purpose, (whether such Member shall or shall not appear,) upon due Proof being made to the Satisfaction of the said Court or Judge that such Notice had been 20 served or left as aforesaid.

If the Money shall remain unpaid after

III. And be it enacted, That if the Money so due and payable as aforesaid shall remain unpaid after the Day fixed by such Court the Day fixed or Judge for the Payment of the same by such peremptory Order for Payment, so to be obtained as aforesaid, it shall be lawful for the Person or 25 may apply to Persons entitled to such Money as aforesaid, where the said Judg

the Creditor

Insolvent

Debtors

Court in

England or
Ireland.

ment, Decree, Rule, or Order shall have been obtained in any Court
in England or Wales, to apply by Petition in a summary Way to
the Court for Relief of Insolvent Debtors in England or Ireland, as
the Case may be, and make an Affidavit or Affidavits that such 30
peremptory Day had been duly fixed by Order, and the said Order
served in accordance with the Provisions herein-before contained, and
that such Money is still due and unpaid; and such last-mentioned
Court shall cause a Copy of the said Affidavit or Affidavits, together
with Notice in Writing, requiring immediate Payment of such Money, 35
to be personally served on such Member, and if such Member, within
Six Calendar Months after the Service of such Affidavit or Affidavits
and Notice, shall not pay such Money, or compound for the Payment
of the same, to the Satisfaction of such Person or Person entitled to
such Money, such last-mentioned Court, on the Application of such 40
Person or Persons, and on Proof of such Service, and of the Date
thereof, shall adjudge such Member to be insolvent, and shall make
a Certificate under their Seal of such Adjudication to the Speaker of

the

the House of Commons: Provided always, that such last-mentioned Court, if it shall be satisfied that such Member cannot be personally served, and has either absconded or is keeping House to avoid personal Service of such Copy and Notice requiring Payment as 5 aforesaid, may order that the leaving such Copy and Notice at the last known or usual Place of Abode of such Member, together with the Publication of such Copy and Notice in the London or Dublin Gazette, as the Case may be, shall be sufficient Service of such Copy and Notice, such Service to date from the Date of such leaving of 10 such Copy and Notice, or from the Date of such Publication, which shall last happen.

Insolvent

IV. And be it enacted, That the Speaker of the House of Com- Election of mons, on his Receipt of the said Certificate, in case Parliament shall Member to then be sitting, shall forthwith report the same to the said House; be void after 15 and from the Date of such Receipt the Election of such Member Receipt of so adjudged insolvent as aforesaid shall be and is hereby declared to be void.

Certificate.

vent under

V. Provided always, and be it enacted, That when any Person Persons deshall have been declared insolvent by and under the Authority of clared insol20 this Act, all the Powers contained in the Acts now in force for the the ProviRelief of Insolvent Debtors in England shall be vested in and sions of this Act subject exercised by the said Court for the Relief of Insolvent Debtors, as to the Laws regards the Person so declared insolvent, and his Property, in like Manner as if he had been in actual Custody within the Walls of any Debtors. 25 Prison in England or Ireland upon any Process whatever, and had

duly applied by Petition to the said Court for his Discharge under the Provisions of an Act passed in the Second Year of the Reign of Her present Majesty, intituled "An Act for abolishing Arrest on "Mesne Process in Civil Actions, except in certain Cases; for ex30" tending the Remedies of Creditors against the Property of Debtors; "and for amending the Laws for the Relief of Insolvent Debtors in England."

66

for the Relief

of Insolvent

in Scotland.

VI. And be it enacted, That where in Scotland any Member of As to Notour the House of Commons shall be Notour Bankrupt it shall be lawful Bankruptcy 35 for the Creditor or Creditors in the Debt or Debts in virtue of which such Member has been rendered Notour Bankrupt to apply by summary Petition to the Court of Session in either of the Divisions thereof, stating the alleged Notour Bankruptcy, and praying that upon Proof thereof such Member may be found and declared to be 40 Notour Bankrupt accordingly; and the Court shall, after such Notice as it may think fit to prescribe given to such Member or his known Agent in Scotland, proceed, on a Day to be specified in the Notice, A 2

127.

to

Clerks of the
Bill Chamber

Scotland to

send a like

to hear the Petitioner in support of the Allegations of the Petition,
and also to hear such Member against the same, and to receive such
Evidence as they or either of them may adduce; and if the Court
shall find such Member to be Notour Bankrupt it shall pronounce
an Interlocutor finding and declaring accordingly; and if before the 5
Expiration of Six Months after the Date of such Interlocutor such
Member shall not produce Evidence to the Satisfaction of the Court
that the Debt or Debts in respect of which he was so found Notour
Bankrupt has or have been paid and satisfied, the Court shall direct
a Certificate, under the Signature of One of the Principal Clerks of 10
Session, to the Effect of such Member being Notour Bankrupt, to be
forthwith transmitted to the Speaker of the House of Commons, and
upon the Receipt thereof by the Speaker the Seat of such Member
shall be held to be and is hereby declared vacant.

VII. And be it enacted, That the Clerk or Clerks of the Bill 15 of the Court Chamber of the Court of Session in Scotland acting under the of Session in Provisions of an Act passed in the Third Year of the Reign of Her present Majesty, intituled "An Act for regulating the Sequestration Certificate of" of the Estates of Bankrupts in Scotland," shall, immediately after Sequestrathe Expiration of Six Calendar Months from the issuing of any 20 Sequestration against any Person having Privilege of Parliament as aforesaid, certify the same to the Speaker of the House of Commons of the United Kingdom, and thereupon the Election of such Member shall be void. shall be and is hereby declared to be void.

tion, and thereupon

the Election of such

Member

2 & 3 Vict. c. 41.

The Speaker to issue his

Warrant for the Election

of another Member.

Extending

the Provisions of

VIII. And be it enacted, That it shall and may be lawful for the 25 Speaker of the House of Commons for the Time being during any Recess of the said House, whether by Prorogation or Adjournment, and he is hereby required, forthwith after receiving such Certificates respectively, to cause Notice thereof to be inserted in the London Gazette, and upon the Expiration of Fourteen Days after the Day of 30 inserting such Notice in the Gazette to issue his Warrant to the Clerk of the Crown to make out a new Writ for the electing another Member in the Room of such Member who shall have so vacated his Seat: Provided always, that nothing herein contained shall extend to enable the Speaker of the House of Commons to issue his Warrant 35 for the Purpose aforesaid, unless such Certificates respectively shall have been delivered to him so long before the then next Meeting of the House of Commons for the Despatch of Business as that the Writ for the Election may be issued before the Day of such next Meeting of the House of Commons.

IX. And be it enacted, That all and every of the Powers contained in an Act of the Twenty-fourth Year of His late Majesty

King

40

King George the Third, for repealing so much of Two former Acts 24 G. 3. c.26. and as authorized the Speaker of the House of Commons to issue his 52 G. 3. c. 144. Warrant to the Clerk of the Crown for making out Writs for the Election of Members to serve in Parliament in the Manner therein 5 mentioned, and for substituting other Provisions for the like Purpose, so far as such Powers enable the Speaker of the House of Commons to nominate and appoint other Persons, being Members of the House of Commons, to issue Warrants for the making out of new Writs during the Vacancy of the Office of Speaker, or during his Absence 10 out of the Realm, shall be and they are hereby made to be in force for the Purposes of enabling him to make the like Nomination and Appointment for issuing Warrants under the like Circumstances and Conditions for the Election of Members of Parliament in the Room of such whose Seats shall become vacant under the Provisions of 15 this Act.

fied within Six

sion in Scotland,

X. And be it enacted, That where such Creditors of a Person Where all Crehaving Privilege as aforesaid, against whom such Interlocutor shall ditors paid or satishave been pronounced or Sequestration issued, shall appear to the Months from Date Court of Session in Scotland to have been paid or satisfied within the of Interlocutor or Sequestration, it 20 Space of Six Months from the Date of such Interlocutor or Seques- shall be lawful for tration, it shall be lawful for the said Court, upon the Application the Court of Sesof the Person against whom such Interlocutor was pronounced or to certify same to such Sequestration issued, to certify to the Speaker of the House Speaker of the of Commons that such Creditors have been paid or satisfied, and in mons, and in that 25 that event such Person having Privilege as aforesaid shall retain all event Privilege of the Privileges of Parliament, and be entitled to sit and vote, in like retained, and Manner in all respects as if such Interlocutor had never been nounced or such Sequestration issued.

pro

XI. And be it enacted, That this Act may be amended or repealed 30 by any Act to be passed in this present Session of Parliament.

House of Com

Parliament to be

Member entitled to sit and vote.

Act may be amended or repealed this Session.