Loan contractors. Bankrupts in the House of c. 52 disqualifies in the same manner, and under similar Chapter I. penalties, all persons holding contracts with any of the government departments in Ireland. But the provisions of these Acts have been held not to apply to contractors for government loans. In June, 1855, the attention of the house was directed to the fact that Messrs. Rothschild had entered into a contract with the government for a loan of 16,000,000l. for the public service; and a committee was appointed to inquire whether Baron Lionel Nathan de Rothschild, who was a partner in that house, had vacated his seat by reason of this contract. The committee, after hearing Baron Rothschild by counsel, reported their opinion that there was no contract, agreement, or commission between Messrs. Rothschild and the Treasury within the true intent and meaning of the 22 Geo. III. c. 45;1 and a clause to this effect has been introduced into the Acts since passed for raising loans. By the Bankruptcy Act, 1883, ss. 32, 33, if a member of the House of Commons is adjudged bankrupt, he is incapable Commons. of being elected to or of sitting or voting in the house, or on any committee thereof, until the adjudication is annulled, or until he obtains from the court his discharge, with a certificate to the effect that his bankruptcy was caused by misfortune, without any misconduct on his part. If the disqualifications imposed by the Act are not removed within six months from the date of the order, the court is required to certify the bankruptcy to the Speaker: the seat of the member thereupon becomes vacant; and, if the house be then sitting, a new writ is issued; 2 or if the Speaker receives the certificate during a parliamentary recess, he issues his warrant for a new writ to supply the vacancy which the bankruptcy has created (see p. 637). As no penalty attaches to a bankrupt for sitting and voting, and as no official notice of his bankruptcy is required to be given to the Speaker for six months, a bankrupt member may sit with impunity, unless the house take notice that he is incapable of sitting 110 C. J. 325; Report, 1855 (401). 2 See 85 C. J. 3, for the form of proceeding in such cases. 1 Chapter I. and voting, and order him to withdraw. The disqualification created by the Bankruptcy Act, 1883, s. 32, is, by the Bankruptcy Act, 1890, s. 9, limited to the period of five years from the date of a discharge under either Act. ruptcy, and Ire These Bankruptcy Acts do not extend to Scotland or BankIreland, except so far as regards persons adjudicated bank- Scotland rupt in England: but the provisions of ss. 32 and 33 are, land. with modifications framed to meet the bankruptcy procedure of Scotland, applied, by 47 & 48 Vict. c. 16, to persons who have been adjudged bankrupt in Scotland. Members who become bankrupt in Ireland are subject to the provisions of 52 Geo. III. c. 144, and 35 & 36 Vict. c. 58, s. 41, regarding the incapacity of a member from sitting and voting, which in effect resemble the provisions of the Bankruptcy Act, 1883, except that the certificate of the court and consequent vacancy of the seat is postponed until one year after the bankruptcy.2 A person adjudged bankrupt, in England or Scotland, accordingly is ineligible as a member for any constituency; but a person adjudged bankrupt under the law in force in Ireland, is capable of being elected by any constituency.3 peers. A debtor adjudged bankrupt is by the Bankruptcy Act, Bankrupt 1883, s. 32, disqualified for sitting and voting in the House of Lords, or on any committee thereof, or being elected as a peer of Scotland or Ireland, to sit and vote in the House of Lords though the disqualification can be removed if the adjudication is annulled, or if the bankrupt obtains his discharge, with a certificate that the bankruptcy was causel by misfortune, and not by misconduct. In England a peer becomes bankrupt when an order has been made under any Act adjudging him a bankrupt: in Scotland, when sequestration of his estate has been awarded: in Ireland, when he is adjudged bankrupt. When a bankruptcy has been determined in the manner prescribed by the law, these disqualifications cease. The seat of a representative peer for Scotland See the proceedings taken on 2 See London Gazette, 18th Sept. 1903, p. 5783, 159 C. J. 4. 3 See Rogers, 17th ed. (revised 1900) part ii. p. 30; Williams, Bankruptcy Practice, 5th ed. 93. D Persons attainted. and Ireland, unless his bankruptcy is determined within chapter I. bank 118 By the Bankruptcy Disqualification Act, 1871, ss. 6, 7, Privilege, 8, a disqualified person who sits or votes in the House of ruptcy, Lords, or attempts to sit or vote, is guilty of a breach of P privilege; and by the Bankruptcy Act, 1883, s. 124, and the Bankruptcy (Ireland) Amendment Act, 1873, s. 40, if a person having privilege of Parliament commits an act of bankruptcy, he may be dealt with as if he had not such privilege. 3 A person attainted, or adjudged guilty, of treason or See p. 657. felony, and not having endured the punishment to which he was adjudged, or received a pardon, is disqualified: but an indictment for felony causes no disqualification until conviction; 5 and even after conviction a new writ will not be Applications of the Act to peers, 9th and 25th April, 1872, 104 L. J. 2 Lord Coke, 4th Inst. 47. W. Smith O'Brien, 1849; 105 H. D. 3 s. 667; O'Donovan Rossa, 10th Feb. 1870. As O'D. Rossa was convicted under the Treason-Felony Act, 11 & 12 Vict. c. 12, it was contended that, not being attainted, there was no disqualification; but the house determined that J. O'D. Rossa, "having been adjudged guilty of felony, and sentenced to penal servitude for life, and being now imprisoned under such sentence, has become, and continues incapable of being elected or returned as a member of this house." 4 Case of John Mitchel, 18th Feb. 21st Jan. 1580; 1 C. J. 118. 119. Chapter I. issued, when a writ of error is pending, until the judgment has been affirmed.1 These are the chief but not the only grounds of disqualification for sitting in the House of Commons; as for instance, at an election a person may be disqualified for being elected, by reason of corrupt practices committed at an election previous thereto (see p. 659).2 election. To these explanations concerning the persons of whom Mode of Parliament is composed, it is not necessary to add any particulars as to the mode of election; further than that the elections are held by the sheriffs or other returning officers, in obedience to the King's writ out of Chancery, and are determined by the majority of registered electors. By the Parliamentary and Municipal Elections Acts, 1872, the public nomination of candidates was discontinued, and the votes of electors are taken by ballot. In the case of a county, the Returning Officer is to give notice of the day of election within two days after he receives the writ, and in a borough, on the day on which he receives the writ, or the following returning day. In the case of a county or district borough election, Casting vote of officer, see p. 653. the day of election is to be fixed by the Returning Officer, 1 Case of Mr. Smith O'Brien, 104 C. J. 319. * See Rogers on Elections, part ii. 17th ed. (revised 1900) p. 32. 3 By 16 & 17 Vict. c. 68, writs are now directed to the returning officers of boroughs instead of to the sheriff of the county. The poll at the Universities is also restricted to five days. By 24 & 25 Vict. c. 53, amended by 31 & 32 Vict. c. 65, voting papers are allowed in University elections. By 16 Vict. c. 15, s. 28, the poll at county elections in England and Wales and Scotland, was reduced to one day. By 25 & 26 Vict. cc. 62 and 92, similar provision was made for Ireland. By the Parliamentary and Municipal Elections Act, 1872, a new form of writ was introduced, On and the present mode of conducting and the day of election; and in a borough, not later than Chapter I the fourth day after the day on which he receives the writ, with an interval of not less than two clear days between the notice and the election.1 In counties, or district boroughs, the poll is to be taken not less than two, nor more than six clear days after the nomination; and in boroughs, not more than three clear days after the nomination. In reckoning time for all election proceedings, Sunday, Christmas Day, Good Friday, and public fast and thanksgiving days are to be excluded.2 1 Ballot Act, 1872, 1st Schedule, ss. 1. 2. 2 Ib. s. 56. |