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governor and company of the bank of England, or in or to any receipt No. I. or discharge for any such annuity, or in or to any receipt or discharge 10 G. 4, c. 24. for any payment or payments due or to become due thereon, or in or to any letter of attorney or other authority or instrument to authorize or purporting to authorize the transfer or acceptance of any bank annuities or long annuities, or any life annuity, or any annuity for years of whatsoever kind, under the provisions of this act, or authorizing or purporting to authorize the receipt of any life annuity, or any annuity for years of whatsoever kind, granted under this act, or any payment or payments due or to become due thereon; or if any person or persons shall wilfully, falsely, and deceitfully personate any true and real nominee or nominees, or shall wilfully utter or deliver or produce, to any person or persons acting under the authority of this act, any such forged register or copy of register, or any such forged certificate, affidavit, or affirmation, knowing the same to be forged, counterfeited, or altered, with intent to defraud his Majesty, his heirs and successors, or with intent to defraud any person or persons whomsoever; then and in every such case all and every persons and person so offending, and being lawfully convicted thereof, shall be adjudged guilty of felony, and shall suffer death (1).
XLII. That if any person or persons shall, for his, her, or their own Penalty on reuse, or the use of any other person or persons, receive any one or more ceiving an. payment or payments (otherwise than as authorized by this act), upon nuity after or in respect of any annuity granted under the provisions of this act, death of nomiafter the death of any single or surviving nominee on the continuance nee, treble the of whose life such annuity was payable, or after the death of either amount, and
5001. nominee, in case the annuity shall have been granted upon the joint continuance of the lives of two joint nominees, and after and beyond the time on which such annuity ought wholly to cease in consequence of the death of such nominee, by virtue of this act, knowing such nominee to be dead, and contrary to the true intent and meaning of this act; every person so offending shall forfeit to his Majesty, his heirs and successors, treble the amount of all money so received, and also the further sum of five hundred pounds.
XLIII. That all pecuniary penalties and forfeitures imposed by this Recovery and act shall be recoverable, (if incurred in England,) in the name of his Ma- application of jesty's attorney general, on the part of his Majesty, by information in penalties. the court of exchequer at Westminster; or (if incurred in Ireland) in the name of his Majesty's attorney general, in the court of exchequer at Dublin; or (if incurred in Scotland) in the name of his Majesty's advocate general, in the court of exchequer in Scotland; and such penalty and forfeiture shall go and belong to and shall become part of the consolidated fund: Provided always, that it shall be lawful for the commis- Reward to sioners for the reduction of the national debt to cause such reward as informers. they shall think fit, not exceeding one moiety of any such penalty or forfeiture so recovered, after deducting all charges and expences incurred in recovering the same, to be paid to any person or persons who shall appear to them to be entitled thereto, as informer or informers, in respect of such penalty or forfeiture so recovered.
XLIV. That if any person, in any affidavit to be taken before any Perjury. justice of the peace or magistrate, or before any officer acting under the said commissioners, under the provisions of this act, shall wilfully or corruptly swear or affirm any matter or thing which shall be false or untrue, every such person so offending, and being thereof duly convicted, shall be and is hereby declared to be subject and liable to such pains and penalties as by any laws now in force any persons convicted of wilful and corrupt perjury are subject and liable to.
(1) The punishment of death for forgery, except for forging or uttering wills, or powers of attorney for the transfer of stock, or receipt of dividends in the Bank, South Sea House, or Bank of Ireland, is now abolished. See post, Part V, Class 12, Forgery.
No. I. XLV. That all certificates or other instruments whatever required for 10 G. 4, c. 24. carrying this act into execution shall be in such form and under such
regulations as the commissioners for the reduction of the national debt, Certificates, or the comptroller general or assistant comptroller acting under the said &c. shall be in commissioners, shall from time to time direct and approve: Provided the form di
always, that in all cases whatever relating to the purchase or receipt of rected by the any annuity for lives or years, of whatsoever kind, under the provisions commissioners, of this act, it shall be lawful for the said commissioners, or for the comp&c.
troller general or assistant comptroller acting under the said commisEvidence not sioners, and they are hereby severally authorized and empowered, where strictly con
any evidence shall be produced by any person for the purchase or receipt formable may of any such annuity, not strictly conformable to the provisions of this be admitted in certain cases ;
act, to admit such evidence for the purposes of this act respecting the same as shall or may appear to the said commissioners, or the said
comptroller general or assistant comptroller, to be satisfactory; and also and errors in to correct, rectify, and amend any contract for any such annuity, or contracts, &c. certificate or other instrument, in cases wherein any mistake or accidenamended.
tal error shall or may have been made in the execution of this act; any
thing in this act to the contrary thereof in anywise notwithstanding. No fees to be
XLVI. That no fee whatever shall be received or taken by any officer taken. acting under the commissioners for the reduction of the national debt,
for granting any certificate, or for any act, matter, or thing to be done in
pursuance of this act. Appointment XLVII. That it shall be lawful for the commissioners for the reducof clerks and tion of the national debt, and they are hereby authorized and emofficers. powered, from time to time to appoint such officers, clerks, and other
persons as may be necessary for carrying this act into execution, and as
may be approved by the commissioners of his Majesty's treasury. For defraying XLVIII. That it shall be lawful for the lord high treasurer, or the expences at- commissioners of his Majesty's treasury, or any three or more of them, tending the
for the time being, to order and direct to be issued and paid, out of the execution of
fund upon which the establishment of the commissioners for the reducthis act.
tion of the national debt is chargeable, any sum or sums of money for the payment of salaries to officers and clerks acting in the execution of this act, and for discharging such incidental expences as shall necessarily attend the execution thereof, in such manner as the said lord high treasurer, or commissioners of the treasury, or any three or more of them, shall from time to time think fit and reasonable; and also to settle and appoint such allowances as shall be proper for the pains an: labour of the cashier or cashiers, or other officer or officers of the governor and company of the bank of England, in the execution of this act, which last-mentioned allowances shall be for the use and benefit of
the said governor and company, and at their disposal only. Quorum of XLIX. That it shall be lawful for any three or more of the commiscommissioners. sioners for the reduction of the national debt for the time being, to
execute and do all matters and things which the said commissioners are
required or empowered to do for the execution of this act. Account to be L. That there shall be prepared, and annually laid before both houses annually laid of parliament, on or before the twenty-fifth day of March in every year, liefore parlia- if parliament shall be then sitting, and if parliament shall not be then ment of an
sitting, then within fourteen days after the commencement of the then nuities transferred and of
next session of parliament, an account made up by the commissioners
for the reduction of the national debt, to the fifth day of January premoney paid for annuities.
ceding of the gross amount of all bank annuities and long annuities, and any other annuities for terms of years, transferred, and of all sums of money paid to the said commissioners, and the gross amount of annuities for lives and for terms of years which shall have been granted for the same, under the provisions of this act, within the year ending
on the fifth day of January as aforesaid. Limitation of
LI. That if any action or suit shall be brought against any person or actions. persons for any thing done in pursuance or by virtue of this act, such
action or suit shall be commenced within three calendar months next
after the fact committed, and not afterwards; and the defendant or de. No. I. fendants in every such action or suit may plead the general issue, and 10 G. 4, c. 24. give this act and the special matters in evidence at any trial to be had thereupon; and if the jury shall find for the defendant or defendants in General issue. any such action or suit, or if the plaintiff or plaintiff's shall be nonsuited, or discontinue his, her, or their action or suit after the defendant or defendants shall have appeared, or if, upon demurrer, judgment shall be given against the plaintiff or plaintiffs, the defendant Treble costs. or defendants shall have treble costs, and have the like remedy for the same as any defendant hath in other cases to recover costs by law.
[No. II.] 2 & 3 W. IV. c. 59.–An Act to transfer the
Management of certain Annuities on Lives from the Receipt of His Majesty's Exchequer to the Management of the Commissioners for the Reduction of the National Debt; and to amend an Act for enabling the said Commissioners to grant Life Annuities and Annuities for Terms of Years.
[4th July 1832.] WHEREAS certain annuities on lives have been created at various
periods by sundry acts of parliament; (that is to say), by an act passed in the eighteenth year of the reign of his Majesty king George 18 G. 2, c. 9. the second, intituled An Act for granting to his Majesty several additional Duties upon all Wines imported into Great Britain, and for raising a certain Sum of Money by Annuities and a Lottery, in manner therein mentioned, to be charged on the said additional Duties; and also by an act passed in the nineteenth year of his said Majesty, intituled An Act 19 G. 2, c. 12. for granting to His Majesty several Rates and Duties upon Glass and upon Spirituous Liquors, and for raising a certain Sum of Money by Annuities and a Lottery, to be charged on the said Rates and Duties; and for obviating some Doubts about making out Orders at the Exchequer for the Monies advanced upon the Credit of the Salt Duties granted and continued to His Majesty by an Act of the last Session of Parliament; also by an act passed in the thirtieth year of the reign of his said Majesty intituled 30 G. 2, c. 19. An Act for granting to His Majesty several Rates and Duties upon Indentures, Leases, Bonds, and other Deeds, and upon Newspapers, Advertisements, and Almanacks, and upon Licences for retailing Wine, and upon Coals exported to Foreign Parts; and for applying, from a certain Time, the Sums of Money arising from the Surplus of the Duties on Licences for retailing Spirituous Liquors; and for raising the Sum of Three Millions by Annuities to be churged on the said Rates, Duties, and Sums of Money: and for making perpetual an Act made in the Second Year of the Reign of His present Majesty, intituled • An Act for the better Regulation of Attornies and Solicitors;' and for enlarging the Time for filing Afidavits of the Execution of Contracts of Clerks to Attornies and Solicitors, and also the Time for Payment of the Duties omitted to be paid for the Indentures and Contracts of Clerks and Apprentices; and also by an act passed in the fifth year of the reign of his Majesty king George the third, intituled An 5G. 3, c. 23. Act for granting Annuities, to be attended with a Lottery, to satisfy and discharge certain Navy, Victualling, and Transport Bills, and for charging the Payment of such Annuities on the Sinking Fund; and also by an act passed in the eighteenth year of the reign of his said Majesty king 18 6.3, c. 22. George the third, intituled An Act for raising a certain Sum of Money by way of Annuities, and for establishing a Lottery; and also by an act passed in the nineteenth year of the reign of his said Majesty king 19 G. 3, c. 18. George the third, intituled An Act for raising a certain Sum of Money by way of Annuities, and for establishing a Lottery; and also by an act passed in the twenty-ninth year of the reign of his said Majesty king 29 G. 3, c. 41. George the third, intituled An Act for raising a certain Sum of Money by
No. II. way of Annuities, to be attended with the Benefit of Survivorship in 2 & 3 W. 4, Classes ; and also by an act passed in the thirtieth year of the reign of c. 59. his said Majesty king George the third, intituled An Act for converting
certain Annuities to be attended with the Benefit of Survivorship in Classes, 30 G. 3, c. 45. established by an Act of the last Session of Parliament, into certain An
nuities for an absolute Term of Years, and for enabling the Commissioners of the Treasury to nominate Lives for the Shares so converted; which said several annuities on lives were by the said recited acts placed under the management and made payable at the receipt of his Majesty's exchequer : And whereas it is expedient that the said annuities should be transferred to the management of the commissioners
for the reduction of the national debt, and be regulated by one general So much of re- system of payment, in common with all other life annuities due to the
public creditor; and it is therefore expedient to repeal so much of the relate to the
said recited acts as relate to the management and payment of the said management and payment
annuities at the receipt of the said exchequer: Be it therefore enacted, of annuities for &c., That so much of the said recited acts as relates to the managelives at the ment, assignment, and payment of the said annuities on lives at the exchequer, re- receipt of his Majesty's exchequer, shall be and the same is hereby pealed. repealed. Annuities
'Il. That after the passing of this act, or as soon after as the necescreated by sary arrangements can be made, of which the said commissioners shall recited acts
give notice in the London Gazette, the said several annuities on lives transferred to which were created by the said several recited acts shall be placed management of under the management of the cominissioners for the reduction of the commissioners national debt, and shall be payable and paid at the bank of England, for reduction of under the regulations herein-after directed. national debt.
III. That all orders made out for the payment of any annuity under Orders for pay- the provisions of the said first recited acts or either of them, which on ment of an- the fifth day of July one thousand eight hundred and thirty-two shall be nuities remain- remaining in the office of the clerk of the pells of his Majesty's receipt ing on 5th July of exchequer, shall be delivered over by him to the said commissioners 1832, to be
for the reduction of the national debt, or to the comptroller general or delivered to
assistant comptroller acting under the said commissioners, upon his commissioners by clerk of the receiving directions to that effect from the commissioners of his Mapells.
jesty's treasury; and all dividends or annuities created by any of the Tellers of ex
said first-recited acts which shall have been directed by the auditor of
his Majesty's said exchequer to be paid by the tellers thereof, but chequer to pay which shall not have been paid by them on the said fifth day of July their hands as
one thousand eight hundred and thirty-two, and which shall be then out cash on 5th remaining in their hands under the denomination of out cash, shall be July 1832, into paid over by the said tellers to the governor and company of the bank of bank of Eng. England, upon their receiving directions so to do from the commisland.
sioners of his Majesty's said treasury; and the cashiers of the said bank are hereby required to receive the same, and to carry such monies to the account of the said commissioners for the reduction of the na
tional debt. Certain parts
IV. And whereas an act was passed in the tenth year of the reign of of 30 G. 3,
his late Majesty king George the fourth, intituled An Act to enable the c. 45, and 10 Commissioners for the Reduction of the National Debt to grant Life AnG. 4, c. 24, nnities and Annuities for Terms of Years, which said life annuities were repealed. by the said act made payable and transferrable at the bank of England:
And whereas it is expedient to repeal certain provisions of the said lastrecited act, and of the said recited act of the thirtieth year of the reign of his Majesty king George the third, and to substitute other provisions in lieu thereof; be it therefore enacted, That so much of the said recited act of the thirtieth year of the reign of his Majesty king George the third as relates to transmitting lists by commissioners of treasury to parishes for returns certifying the lives of nominees, and of the said recited act of the tenth year last aforesaid, as relates to granting certificates of the existence of nominees, and to the making certain affidavits and solemn affirmations by persons desirous of purchasing such annuities, in cases where proof of the age and identity of nominees has No. II. been before produced to the said commissioners, certified and verified 2 & 3 W. 4, according to the provisions of the said act, and as relates to affidavits
c. 59. and solemn affirmations in cases where the nominee shall not appear personally before the officers of the said commissioners, to enable such persons to receive the half-yearly payments from time to time of every such life annuity, and also for receiving the one fourth part of any expired life annuity which shall be claimed under the provisions of the said act, and as relates to the paying and transferring such annuities at the bank of England, shall be and the same are hereby repealed.
V. That in all cases in which any affidavit or solemn affirmation was A declaration required by any of the said recited acts aforesaid, the person or persons to be made in who would, under the said recited acts, be required to take or make such lieu of the affi. affidavit or solemn affirmation, shall make and subscribe a declaration davit or affirmin lieu thereof, in such form and words and under such regulations as
ation hitherto may be directed by the said commissioners, or by the comptroller required by general or assistant comptroller acting under the said commissioners;
persons purand if any such declaration shall be untrue in any particular, the
chasing and person making the same shall, over and above every other penalty to annuities.
receiving life which such person may become subject, forfeit the sum of one hundred pounds.
VI. Provided always, That if after the passing of this act any affidavit Such affidavits or solemn affirmation shall be produced for the purpose of receiving produced after any life annuity under the provisions of the said recited acts, such passing of this affidavits and solemn affirmations, notwithstanding the repeal thereof act to be valid. by this act, shall be deemed valid and effectual for the purpose of receiving such life annuities, any thing in this act to the contrary thereof in anywise notwithstanding.
VIÍ. Provided nevertheless, That the said commissioners, or comp- Afidavit may troller general or assistant comptroller acting under the said commis- be required in sioners, may in any case require any such person or persons to make certain cases. affidavit or solemn affirmation in confirmation of any such declaration, and every such person shall, and he, she, or they is and are hereby thereupon required to make such affidavit or solemn affirmation before such comptroller general or assistant comptroller, or other officer ap. pointed for that purpose by the said cominissioners, who are hereby respectively authorized to administer the same, or before any justice of the peace or magistrate, any thing in this act to the contrary thereof notwithstanding.
VIII. That upon proof of the existence of the nominee of any life Upon proof of annuity created by any of the said first-recited acts, or by the said re- nominees being cited act of the tenth year of the reign of his late Majesty, or of any life living, or of annuity which may hereafter be created by the said last-recited act,
deaths, wareither by the personal appearance of such nominee before the officer of rants to be
issued, upon the said commissioners, or, in case of the nonappearance of such
which the bank nominee, by the production of a certificate proving the existence of such nominee as is required by the said recited acts, together with such declaration aforesaid, or other evidence to the satisfaction of the said commissioners, or of the officer or officers acting under the said commissioners, the said officer shall thereupon issue to the person or persons entitled to any annuity depending upon the life of such nominee a warrant or warrants in such form as shall be approved by the said commissioners, or by the comptroller general or assistant comptroller acting under the said commissioners, addressed to the cashiers of the governor and company of the bank of England, for the half-yearly payment or payments of the annuity which shall be then depending upon the life of such nominee ; or upon proof of the death of the said nominee, then a warrant shall be issued by the said officer for the payment of one fourth part of the expired annuity which depended upon the life of such nominee, which, under the provisions of the said act of the tenth year of the reign of king George the fourth, is allowed to be claimed by the person or persons entitled thereto, provided such fourth part shall be