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	Statutes of Northern Ireland
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BANKRUPTCY DISQUALIFICATION ACT 1871

BANKRUPTCY DISQUALIFICATION ACT 1871 - LONG TITLE

An Act for disqualifying Bankrupts from sitting or voting in the
House of Lords.
[13th July 1871]
WHEREAS it is necessary for the preservation of the dignity and
independence of Parliament that bankrupts should be disqualified from
sitting or voting in the House of Lords:

BANKRUPTCY DISQUALIFICATION ACT 1871 - SECT 1
Short title.

1. This Act may be cited as "The Bankruptcy Disqualification Act,
1871."

BANKRUPTCY DISQUALIFICATION ACT 1871 - SECT 2
Disqualification of bankrupt.

2. Every peer who becomes a bankrupt shall be disqualified from
sitting or voting in the House of Lords, or in any Committee
thereof, ....

BANKRUPTCY DISQUALIFICATION ACT 1871 - SECT 3
What constitutes bankruptcy.

3. A peer shall be deemed to have become bankrupt in manner and
from and after the date herein-after mentioned; that is to say,

As to ... Ireland

When on any petition of bankruptcy he has been adjudged by the
[High Court of Justice in Northern 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.

BANKRUPTCY DISQUALIFICATION ACT 1871 - SECT 4
Restitution of peer to privileges on determination of bankruptcy.

4. A peer who has become a bankrupt, in the event of his
bankruptcy being determined as herein-after mentioned, shall from and
after the date of such determination, if otherwise entitled, be
qualified to sit and vote in the House of Lords, or in any
Committee thereof, ....

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

As to ... 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.

...

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.

S.5 rep. by SL(R) 1973

BANKRUPTCY DISQUALIFICATION ACT 1871 - SECT 6
Penalty for disqualified person sitting or voting in the House of
Lords.

6. If any person disqualified by this Act from sitting 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.

BANKRUPTCY DISQUALIFICATION ACT 1871 - SECT 7
Certificate of bankruptcy of peer.

7. Where a peer becomes a 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.

BANKRUPTCY DISQUALIFICATION ACT 1871 - SECT 8
Prohibition of writ of summons.

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.

BANKRUPTCY DISQUALIFICATION ACT 1871 - SECT 9
To whom this Act shall apply.

9. This Act shall apply

To any person who 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; ....

BANKRUPTCY DISQUALIFICATION ACT 1871 - SECT 10
Saving clause.

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.

BANKRUPTCY DISQUALIFICATION ACT 1871 - SECT 11
Definition of ""peer''.

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.