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§§ 3, 4.

Restitution of peer to

When a special resolution has been passed in pursuance of the Bankruptcy Act, 1869, declaring that his affairs are to be liquidated by arrangement, from and after the date of the registration of such resolution.

As to Scotland,

When on any petition for sequestration a deliverance has been pronounced awarding sequestration of his estate, from and after the date of such deliverance.

As to Ireland,—

When on any petition of bankruptcy he has been adjudged by the Court of Bankruptcy and Insolvency in Ireland to be a bankrupt, from and after the date of the adjudication; or when he has filed a petition for an arrangement with his creditors under the superintendence of the said Court, from and after the date of filing such petition.

4. A peer who has become a bankrupt, in the event of privileges on his bankruptcy being determined as hereinafter mentioned, determination shall from and after the date of such determination, if of bankruptcy. otherwise entitled, be qualified to sit and vote in the House of Lords, or in any committee thereof, and if a peer of Scotland or Ireland to be elected to sit and vote in the House of Lords, and when so elected to sit and vote in that House.

For the purposes of this Act, a bankruptcy shall be deemed to be determined,

As to England or Ireland,

Where an order has been made adjudging a peer to be a bankrupt, if such order is annulled on the ground that the person against whom the order is made ought never to have been adjudged a bankrupt.

As to Scotland,

Where a deliverance has been pronounced awarding sequestration of a peer's estate, if the sequestration is

recalled on the ground that his estate ought never to have been sequestrated.

Also as to the United Kingdom,—

Where such bankrupt has been duly discharged, either by actual payment or satisfaction, or in the mode prescribed by the respective statutes in force in that behalf, from all debts and liabilities due at his bankruptcy from which he can be so discharged; and when he shall further satisfy the House that he is also discharged from the debts and liabilities (if any) to which he was liable at the date of his bankruptcy, and which are specially excepted from the operation of his discharge under the said statutes.

§§ 4-7.

sentative peer.

5. The seat of a representative peer for Scotland or Vacancy in Ireland shall, unless his bankruptcy be determined seat of reprewithin one year after the date of his becoming a bankrupt, be vacated at the expiration of the year, and a new election be held to fill the vacancy.

disqualified person sitting or voting in of Lords.

6. If any person disqualified by this Act from sitting Penalty for and voting in the House of Lords sits or votes or attempts to sit or vote in that House, or in any committee thereof, he shall be guilty of a breach of privilege, and be dealt with as the House of Lords may direct.

7. Where a peer becomes bankrupt within the meaning of this Act, the Court having jurisdiction in respect of such bankruptcy shall cause the fact of such peer having become bankrupt to be certified to the Speaker of the House of Lords and the clerk of the Crown in Chancery, and the Speaker shall, as soon as conveniently may be, inform the House of such certificate, and a record of such certificate shall be entered in the journals of the House.

the House

Certificate of of peer. bankruptcy

X

§§ 8-11.

Prohibition

of writ of summons.

To whom this Act shall apply.

Saving clause.

Definition of "peer."

8. A writ of summons shall not be issued to any peer for the time being disqualified from sitting or voting in the House of Lords.

9. This Act shall apply

To any person who before or after the passing of this Act becomes bankrupt, and subsequently succeeds to a peerage, whose bankruptcy has not determined at the time of his so succeeding, in the same manner as if he had been a peer at the date of his becoming bankrupt; also

To any person who has become bankrupt before the time of the passing of this Act, and whose bankruptcy has not determined at such time, in the same manner as if his bankruptcy had occurred immediately after the passing of this Act.

10. Nothing in this Act contained

(1.) Shall, except as herein expressly provided, deprive any peer of any privileges to which he may be entitled in right of his peerage; or,

(2.) Shall qualify any person to be elected to or sit or vote in the House of Commons who would not have been so qualified if this Act had not passed.

11. Peer" shall mean and include a peer of the United Kingdom or of any part of the United Kingdom, or any other Lord of Parliament.

COURTS OF JUSTICE (SALARIES
AND FUNDS) ACT, 1869.

32 & 33 VICT. CHAP. 91.

An Act for amending the Law relating to the Salaries,
Expenses, and Funds of Courts of Law in England.

[9th August, 1869.]

WHEREAS it is expedient that the expenditure for the courts of justice should be (so far as may be) defrayed out of moneys to be provided for that purpose by Parliament, or out of the Consolidated Fund:

And whereas in the second part of the first and second schedules to this Act there are shown the stock and cash which on the several days mentioned in those schedules belonged to the Courts of Chancery and Bankruptcy (as distinguished from the stock securities and cash which are the property of the suitors therein):

And whereas the charges on such stock and cash are shown in the third and fourth schedules to this Act:

And whereas it is expedient that on the charges. thereon being transferred to the Consolidated Fund or moneys provided by Parliament, the said stock and cash should be transferred to the public:

Be it enacted 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, as follows:

Preliminary.

1. This Act may be cited as "The Courts of Justice Short title. (Salaries and Funds) Act, 1869."

§§ 2-4.

Commence

ment of Act.

Definition of terms.

Transfer of

to National

Debt Commissioners.

2. This Act shall not come into operation until the first day of October one thousand eight hundred and sixty-nine, which date is hereinafter referred to as the commencement of this Act.

3. In this Act—

The term "the Treasury" means the Commissioners
of her Majesty's Treasury for the time being,
or any two or more of them:

The term "Court of Chancery" means the High
Court of Chancery of England, and includes all
offices mentioned in the third schedule to this
Act:

The term "Court of Admiralty" means the High
Court of Admiralty of England:

The term "Court of Bankruptcy" means, except
where otherwise expressly mentioned, the Court
of Bankruptcy in London as constituted at the
passing of this Act and the District Courts of
Bankruptcy, and includes any Court, whether
constituted before or after the commencement of
this Act, which for the time being exercises the
powers of the late Court for the Relief of Insolvent
Debtors in England, so far as relates to such late
Court.

Court of Chancery.

4. As soon as may be after the commencement of this stock and cash Act the Governor and Company of the Bank of England shall, upon an order of the Lord Chancellor to be made in that behalf, and without any draft from the accountantgeneral, or act done by him, transfer to the account of the Commissioners for the Reduction of the National Debt all sums of stock and cash which on the commencement of this Act may be standing in the books of the

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