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the time being, during any Recess of the said House, whether by Prorogation or Adjournment, and he is hereby required, forthwith after the expiration of the last-mentioned period, to issue his Warrant to the Clerk of the Crown, to make out a new Writ for electing 5 another Member in the room of such Member.

And be it further Enacted, That such Member, whose Seat shall so become vacated, shall not be eligible to be returned as a Member upon the new Writ to be made out by reason thereof, in case any Process which by this Act is authorized to be issued shall be in 10 force at the time of the Election.

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And be it further Enacted, That no Person who at the time of any Election shall be in custody under any such Process lawfully issued and executed, shall be eligible to be returned to serve as a Member of The House of Commons.

And be it further Enacted, That no Person who shall have been discharged out of custody under the authority of any Act for the Relief of Insolvent Debtors, shall be eligibie at any Election to be returned to serve as a Member of The House of Commons, unless before such Election he shall have paid or satisfied all the Creditors 20 in respect of whose Debts he shall have been discharged.

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9.

AND whereas by an Act passed in the Fifty-second year of the reign of His Majesty GEORGE the Third, intituled, "An Act to 52G.3.c.144. suspend and finally vacate the Seats of Members of the House of "Commons of the United Kingdom, who shall become Bankrupts, " and who shall not pay their Debts in full within a limited time," the Seat of a Member is, in certain cases therein mentioned, declared to become vacated; and it is expedient to alter some of the Provisions of the said Act; BE it therefore further Enacted, That in case any Commission or Fiat of Bankruptcy shall hereafter issue 30 against any Member of The House of Commons, under which he shall be adjudged a Bankrupt, and the same shall not, within Four Months after the Adjudication, have been superseded, his Seat shall become vacated after the expiration of the said period, unless he shall have paid or satisfied or secured the Payment of his 35 Debts, according to the Provisions of the said recited Act.

And be it further Enacted, That no Person against whom any Commission or Fiat of Bankruptcy shall hereafter issue, and under which he shall be adjudged a Bankrupt, shall have any Privilege as a Member of The House of Commons, touching any Proceeding which might be taken against him under the authority of such Commission or Fiat, in case he had not been a Member.

Seat of Bank

rupt Member

to be vacated

in certain

cases.

10.

Privilege of Bankrupt not allowed

against the

Commission

or Fiat,

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(Ireland.)

A

BILL

For enabling Tenants for Life of Settled Estates in Ireland to raise Money by Mortgage for improving the same, and for facilitating the Loan of Money upon Real Securities in Ireland.

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ΙΟ

[Note.-The Words printed in Italics are proposed to be inserted in the Committee.]

WRCAs it might be highly beneficial to the Public if Preamble.

Tenants for Life of Settled Estates in Ireland were en

couraged in inclosing, planting and draining, and in erecting Farm Houses and Offices or Outbuildings upon and otherwise improving the same Settled Estates, and were empowered, under the restrictions after mentioned, to raise Money for such purposes by way of Mortgage or Charge upon the Estates so to be improved; and also if facility were given to the procuring Loans of Money upon Real Securities in Ireland;

BE it therefore Enacted, by The KING'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 from and after the passing of this Act, whenever any Tenant for Life of any Estate in Ireland already settled, 15 or hereafter to be settled, shall be desirous of inclosing, planting or draining, or erecting Farm Houses and Offices or Outbuildings upon, or of otherwise improving the same, and shall think fit to apply for the aid and assistance intended to be given by this Act, it shall and may be lawful for such Tenant for Life (after having procured from 20 some skilful and experienced Workmen or Surveyor a Plan and Estimate of the Improvements intended to be made, the said Estimate to be verified upon Oath taken before some Justice of the Peace or Master

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Four Years net

Produce of in the Court of Chancery in Ireland, Ordinary or Extraordinary, and

such Estate,

and to mortgage their Estate for securing the

same.

Such Mortgage to take

priority of all other Incum

brances.

The Money advanced, to

be paid into

the Bank of

name of the Accountant General of the Court of Chancery, to the credit of

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laid the same, together with a just and particular Account in writing
signed by him, and verified upon oath taken as aforesaid, of the
annual Profits of such Estates, before the High Court of Chancery
in Ireland, and obtained the Consent of the said Court to such 5
proposed Improvements) to borrow and take up at interest such
Sum or Sums of Money as the said Court shall direct, not ex-
ceeding in the whole the Sum specified in such Estimate, nor
exceeding the amount of Four Years net Income and Produce
of such Estate, after deducting all Taxes, Charges and Out- 10
goings whatsoever; and for that purpose, by Indenture or Indentures,
to which one of the Masters of the High Court of Chancery in
Ireland shall be an executing party for the purpose of signifying the
Sanction and Consent of the said Court, to charge the said Lands
with any Sum or Sums of Money to be so advanced, not exceeding 15
the amount aforesaid; and for the
and for the purpose of securing the repayment
of such Sum or Sums of Money with Interest, to mortgage or demise
the said Lands unto any Person or Persons who shall advance and
lend such Sum or Sums of Money respectively, either in fee or for
any term of years, so as every such Mortgage or Demise be made 20
with a proviso or condition to cease and be void, or the Lands
comprised therein to be reconveyed, in case and so soon as the Sum
or Sums of Money to be thereby secured, with lawful Interest for the
same, shall be fully paid and satisfied, and also with a Covenant
to pay and keep down the Interest during the life of such Tenant 25
for Life or until the Principal Money shall be repaid; and so as every
such Mortgage or Demise do also contain a proviso that the Person
or Persons entitled in remainder or reversion to the Lands therein
comprised shall not be liable, upon his, her or their becoming
possessed thereof, to the payment of any further or larger arrear of 30
Interest than for Six Calendar Months preceding the time that his,
her or their Title to such possession shall have commenced; and
every such Charge, Mortgage or Demise as aforesaid shall be good,
valid and effectual for the purposes hereby intended, and shall take
priority of all other Charges and Incumbrances whatsoever upon or 35
affecting the Lands so to be morgaged or charged.

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Provided always, and be it further Enacted, That the Person or Persons who shall advance any Sum or Sums of Money upon any

Ireland in the Security so authorized to be made as aforesaid, shall pay the same into the Bank of Ireland in the name and with the privity of the 40 Accountant General of the High Court of Chancery in Ireland, to be placed to his account there to the credit of the Estate on which the charge is to be made; and the Certificate or Certificates of the said Accountant General, together with the Receipt or Receipts of a Cashier of the Bank of Ireland, to be filed in the Register Office of

the Estate on which the Charge is to be made.

the

good Discharge.

the said Court of Chancery in Ireland, of the payment into the Bank of Ireland of the said Sum or Sums so advanced as aforesaid, or an Office Copy or Office Copies thereof, shall be a good and sufficient Cashier's Receipt, or an Office Copy Discharge or good and sufficient Discharges to the Person or Persons thereof, to be a 5 advancing the said Sum or Sums, his, her or their executors, administrators or assigns, for the same, or so much thereof as therein respectively shall be expressed to have been paid; and such Person or Persons, his, her or their heirs, executors, administrators or assigns shall not afterwards be liable to see to the application of such 10 Monies, nor be answerable or accountable for any loss, misapplication or non-application of the same.

Provided always, and be it further Enacted, That the Monies so to be paid into the Bank of Ireland as aforesaid shall be applied under the Order and direction of the said Court of Chancery in Ire15 land, and that no Sum or Sums shall at any time be ordered by the said Court to be issued or paid out of or from the said Bank, unless either a sufficient Voucher be produced (to be approved by a Master of the said Court) that Monies equal in amount to the Sum intended to be drawn from the Bank have been expended in advance, in exe20 cuting some of the Improvements contemplated by this Act, or good and ample Security be given (to be also approved by a Master of the said Court) that the Sum from time to time to be drawn from the Bank for the purposes aforesaid shall be laid out and applied accordingly.

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Act not to extend
to any Settled Estates
of which the Person
remainder shall be

next entitled in

Tenant in tail, and

Provided always, and be it further Enacted, That the Powers and Provisions in this Act contained shall not be taken or construed in anywise to extend to any Settled Estates of which the Person next entitled in remainder shall be Tenant in Tail immediately expect-hall have attained ant on the decease of any Tenant for Life, and shall have attained 30 the age of Twenty-one Years, and shall be capable, with or without the concurrence of such Tenant for Life, of barring such Estate Tail.

Provided always, and be it further Enacted, That in all cases where there shall be any Person in esse entitled to a vested Estate for Life or in Tail (other than and except as aforesaid) either immedi35 ately expectant on the estate of the Tenant for Life who shall apply for the aid and assistance intended to be given by this Act, or subject to intervening limitations which shall not have become vested, no Loan shall be raised or Charge made under the provisions of this Act, unless previous Notice in writing of such intended Application shall 40 have been given or sent to the Person or Persons entitled to the then next vested Estate for Life or in Tail in remainder, or if such Person or Persons shall be an infant or infants, or of unsound mind, or under coverture, then to his, her or their guardian or guardians, or committee or committees (if any) or husband or husbands, by the Person

the age of Twenty

one Years.

Notice of the Loan to be given to the

Person next entitled

in remainder, or their Guardian,

together with an

Account of the Improvements in

tended, and an Esti

mate of the Ex

pense, and of the

Sum intended to

be raised.

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