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No. II.

2 & 3 W. 4, c. 59.

Holders of annuities under first-recited

acts to have

like annuities in the books of

the commissioners; and all

life annuities to

be transferable in such books entire for the life of the original nomi

nee.

Commissioners

orders to be

claimed by the person or persons entitled thereto within the period prescribed by the said recited act, together with any half-yearly payment of the said annuity which may be outstanding at the time of his or her death; and upon the said warrant or warrants being produced and lodged at the said bank, the said cashier or cashiers shall pay the sum expressed therein to the person or persons producing the same.

IX. That all persons who at the time of the passing of this act shall be holders of and stand possessed of any exchequer order or orders for or in respect of any annuities on lives created by any of the said firstrecited acts, heretofore payable at the receipt of his Majesty's exchequer, or who at the time of the passing of this act shall stand possessed, in the books of the said governor and company of the bank of England, of any annuity depending upon the life of the said nominee, under any act or acts heretofore in force enabling the said commissioners for the reduction of the national debt to grant life annuities, shall be deemed and taken to all intents and purposes to stand possessed of such several and the like annuities in the books of the said commissioners, and shall be entitled to all the several rights, titles, interests, and benefits in and to any life annuity, of whatsoever kind, whether such life annuity shall be immediate or deferred, or whether actually in the course of payment at the time of the passing of this act, or not, according to the several provisions of the said recited acts or of any of them; and such several life annuities, and also all life annuities which may hereafter be created in pursuance of the said recited act of the tenth year of his late Majesty, shall from time to time be transferable in the books of the said commissioners for the reduction of the national debt, or, so far as relates to any exchequer life annuities or orders, shall be assignable and shall be paid to and shall be transferable and assignable by the persons respectively entitled to such annuities, or by some person duly authorized to receive or transfer the same, according to such form and under such regulations as shall be approved of by the said commissioners for the reduction of the national debt, or by the said comptroller general or assistant comptroller acting under the said commissioners: Provided always, that such annuity shall be transferred entire, and not in parts or shares, and that the original nominee of any annuity shall never be varied or changed, notwithstanding such transfer.

X. That it shall be lawful for the said commissioners for the reducmay direct new tion of the national debt to authorize the comptroller general, or his assistant, to make out and sign any new order, in such form as the said made out and commissioners shall direct, as a substitute for and in lieu of any order signed, in lieu of a like description which may have been lost or destroyed or become of orders lost defaced or obliterated, without any such authority from the commisor destroyed, sioners of his Majesty's treasury, or certificate from any judge of the without authority from treacourt of exchequer, as is specified and required in the said recited act of the twenty-ninth year of the reign of his Majesty king George the sury, as required by third, or in any case whatever relating to any of the said recited acts, 29 G. 3, c. 41. upon proof being given to the satisfaction of the said commissioners, by the oath or solemn affirmation to be made and taken before the said comptroller general or assistant comptroller, or before any justice of the peace or magistrate, by the persons applying for such new order, or any other person, of such loss or destruction, or production of the order in lieu of which a new order is required; and all such new orders, so signed, shall be deemed good and valid to all intents and purposes as if the same had been made under the provisions of the said recited acts or either of them, any thing in the said recited acts to the contrary notwithstanding.

Accounts of

annuities for

XI. And whereas it is enacted by the said recited act of the tenth year of his late Majesty, that the governor and company of the bank of terms of years England shall cause to be made up, to the fifth day of January in each unclaimed for year, an account of all annuities for terms of years granted by the said ten years, to be commissioners for the reduction of the national debt, in pursuance of the made up quar- said act, which shall have remained unclaimed for the space of three

No. II.

c. 59.

sioners, and

years then next preceding, which annuities so remaining unclaimed, and all half-yearly arrears thereof, shall cease to be charged upon and 2 & 3 W. 4, shall not be issued or issuable out of the said consolidated fund from and after the day upon which any such annuities shall have remained so unclaimed: And whereas it is expedient that all such unclaimed terly at the annuities for terms of years should be regulated by the same rules as bank; and the are directed by an act passed in the fifty-sixth year of the reign of his annuities to be Majesty king George the third, intituled An Act to authorize the trans- transferred to ferring Stock upon which Dividends shall remain unclaimed for the Space the commisof at least Ten Years at the Bank of England, and also all Lottery Prizes placed under or Benefits, and Balances of Sums issued for paying the Principals of the like regulaStocks or Annuities, which shall not have been demanded for the same tions as other Periods, to the Commissioners for the Reduction of the National Debt; stocks are be it enacted, That the governor and company of the bank of England subject by shall cause to be made up quarterly an account of all annuities for 56 G. 3, c. 60. terms of years already granted or which may hereafter be granted by the said commissioners under the provisions of the said recited act of the tenth year of his late Majesty, which shall have remained unclaimed for the space of ten years then next preceding such quarters respectively; and all such unclaimed annuities and all arrears thereof shall be transferred to the commissioners for reduction of the national debt, and shall be subject to the like restrictions and regulations as all other capital stocks and annuities are now subject by the said recited act of the fifty-sixth year of his said Majesty; any thing in any act to the contrary thereof notwithstanding.

XII. That for the purpose of ascertaining from time to time the Commissioners amount of annuities for lives payable under the authority of the said of national debt several first-recited acts, the comptroller general or assistant comptroller to certify to the acting under the said commissioners shall, within fourteen days next treasury before preceding the fifth day of January, the fifth day of April, the fifth day each quarter of July, and the tenth day of October in each and every year, (com- day the amount of annuities mencing on the tenth day of October one thousand eight hundred and payable under thirty-two,) certify to the commissioners of his Majesty's treasury the the recited acts amount of annuities for lives (first deducting therefrom the amount of the 18th, chargeable on account of the several lives nominated by the commis- 19th, & 30th sioners of the treasury under the provisions of the said recited act of of G. 2, and the thirtieth year of king George the third) the half-yearly payments of the 5th, 18th, which shall from time to time be chargeable, and the same are hereby & 29th of G. 3. made chargeable, upon the said consolidated fund, on each of such days respectively; and the said commissioners of the treasury, or any three or more of them, shall thereupon order and direct, by warrant under their hands, the sums specified from time to time in every such certificate to be issued and paid out of the consolidated fund from time to time to the governor and company of the bank of England, to be by them placed to the account of the commissioners for the reduction of the national debt, for the purpose of paying all such annuities respectively created by the said first-recited acts of the eighteenth, nineteenth, and thirtieth years of king George the second, and by the fifth, eighteenth, and twenty-ninth years of king George the third.

XIII. That all letters of attorney from time to time in force, which Letters of atshall have been granted for the purpose of transferring or selling or re- torney to conceiving such life estate so purchased under any of the said recited acts, tinue valid for shall be valid and effectual for the purposes of this act, and receiving receiving anthe same under the provisions of this act; any thing in any act or acts, nuities under or this act, to the contrary notwithstanding. this act.

XIV. That the commissioners for the reduction of the national debt Appointment are hereby empowered from time to time to appoint such officers, clerks, of officers, &c. and other persons as may be necessary for carrying this act into execution, and as may be approved of by the commissioners of his Majesty's

treasury.

Suit, &c. may

XV. And whereas it is expedient to give legal remedies to persons be instituted entitled to any annuities transferred under the provisions of this act against the from the books of the governor and company of the bank of England

No. II.

c. 59.

troller in all

have been liable if the annuity had

remained in their books.

to the books of the commissioners for the reduction of the national 3 & 4 W. 4, debt; be it therefore enacted, That in all cases in which any person entitled to or interested in any annuity transferable in the books of the governor and company of the bank of England, or in any annuity recomptroller or corded in the books of the said auditor of his Majesty's exchequer, assistant comp- might have instituted any action, suit, or legal proceeding in any court cases in which of law or equity, for or in respect of any act, matter, or thing done by the bank would the said governor and company, or by the said auditor, or their officers, or any other person or persons, in relation to any such annuity, or any forged or other illegal transfer thereof, such action, suit, or legal proceeding may be instituted and carried on against the comptroller general of the said commissioners or the assistant comptroller general of the said commissioners for the time being, and damages recovered or other remedy given in any court of law or equity against such comptroller or assistant as might have been recovered or given against the governor and company of the bank of England in case the said annuity had remained transferable in the books of the governor and company of the bank of England, or against the said auditor in case the said annuity stood recorded in the books of the said auditor; and all damages and sums of money and costs recovered in any such suit or proceeding shall be paid by the order of the commissioners of the treasury, or any three or more of them, for the time being, (which order the said commissioners are hereby required to give,) out of any of the aids and supplies voted by parliament for the public service: Provided always, That the body, or goods, chattels, lands, or tenements of such comptroller or assistant comptroller, shall not, by reason of his being defendant, under the provisions of this act, in any such suit, action, or party in any such proceeding, be liable to be arrested, seized, detained, or taken in execution; and no such suit shall abate on the death or removal from office of the comptroller or assistant comptroller against whom the said suit was had, but shall continue in full force against his successor.

Declaration, &c. not to be stamped.

XVI. That no declaration required by this act to be made to the commissioners for the reduction of the national debt, nor any warrant, certificate, affidavit, or affirmation, or other instrument, (save and except all letters of attorney which shall or may be granted from time to time for the purposes of this act,) made out by or under the authority of the said commissioners, shall be liable to the payment of any stamp duty.

Powers of XVII. That all the powers and authorities of the commissioners of treasury and the treasury and of the auditor of the exchequer, so far as the same are auditor of ex- applicable to the management and payment, or to any other matter or chequer, as to thing relating to any life annuities created by the said first-recited acts, annuities under shall cease and determine on and from and after the fifth day of July first-recited one thousand eight hundred and thirty-two; and all the powers and acts, to cease authorities of the governor and company of the bank of England, so far on 5th July; and those of as the same are applicable to the said recited act of the tenth year of his the bank under late Majesty king George the fourth, or to any other act enabling the 10 G. 4, &c. commissioners of the national debt to grant life annuities (except as in to expire on this act provided), shall cease and determine on and from and after the 30th July1832. thirtieth day of June one thousand eight hundred and thirty-two.

Powers of auditor of exchequer and governor and company of

bank to be exercised by the

commissioners.

XVIII. That all the powers and authorities which are by the said recited acts, or any or either of them, respectively given to the commissioners of the treasury, or to the auditor of the exchequer, or to the governor and company of the bank of England, or to their respective officers, or any officer or servant acting under them respectively, in relation to any annuity by this act placed under the management of the commissioners for the reduction of the national debt, or to any matter or thing required by any of the said recited acts to be done by the said commissioners of the treasury, or by the said auditor, or by the said governor and company, shall and may be used and exercised and put in force for all the purposes of this act, and for the more effectual carrying the provisions thereof into execution, by the said commissioners for the reduction of the national debt, or by any person acting under their authority, as fully to all intents and purposes, so far as the same are not

altered by this act, as if the same were severally re-enacted in this act, and expressly given to the said commissioners.

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(1).

c. 59.

XIX. That if any person or persons shall forge, counterfeit, or alter, or shall cause or procure to be forged, counterfeited, or altered, or shall knowingly or wilfully act or assist in the forging, counterfeiting, or Penalty on altering, any declaration, warrant, order, or other instrument, or any forging regisaffidavit or affirmation required to be made by this act, or by the com- ter, certificate, missioners for the reduction of the national debt, under any of the pro- transfers, &c. visions of this act, or under any authority given to them for that pur- able by death Felony punishpose; or shall forge, counterfeit, or alter, or shall cause or procure to be forged, counterfeited, or altered, or shall knowingly or wilfully act or assist in the forging, counterfeiting, or altering, any certificate or order of any officer of the commissioners for the reduction of the national debt, or the name or names of any person or persons in or to any transfer of any annuity, or in or to any certificate, order, warrant, or other instrument for the payment of money for the purchase of any annuity under the provisions of this act, or in or to any transfer or acceptance of any such annuity in the books of the commissioners for the reduction of the national debt, or in or to any receipt or discharge for any such annuity, or in or to any receipt or discharge 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 annuities or any life annuity of whatsoever kind, or authorizing or purporting to authorize the receipt of any life annuity of whatsoever kind granted under any of the said recited acts or 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 forged register or copy of register of any birth, baptism, or marriage, or any forged declaration, 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 person and persons so offending, and being lawfully convicted thereof, shall be adjudged guilty of felony, and suffer death.

XX. That the lord high treasurer, or the commissioners of his Treasury may Majesty's treasury, or any three or more of them, for the time being, order issues of may order and direct to be issued and paid, out of the fund upon which money for paythe establishment of the commissioners for the reduction of the na- ment of salational debt is chargeable, any sum or sums of money for the payment ries. 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 for the payment of all such damages, costs, charges, and expences as shall be recovered against or payable under the provisions of this act by the comptroller general or assistant comptroller general of the said commissioners, which last-mentioned damages, costs, charges, and expences shall be payable and paid out of any aids or supplies granted by parliament, and applicable to any public service.

(1) But now see post, Part V, Class 12, Forgery.

PART III.

CLASS VII.

GAMING.

[The 4 G. 4, c. 60, was the last act authorizing a public lottery, since which time they have discontinued; and the provisions of the 10 & 11 W. 3, c. 17, whereby all lotteries were declared public nuisances, are now in full force.

By an act of the 1 & 2 W. 4, for the improvement of Glasgow, authority was inadvertently given to raise money for that purpose by way of lottery; but all future lotteries under that statute were prohibited by the 4 & 5 W. 4, c. 37.

In the recent act 5 & 6 W. 4, c. 41, amending the law relating to securities arising out of gaming transactions, see ante, USURY, p. 321. See also, post, Part VI., Class 20.]

PART III.

CLASS VIII.

STOCK JOBBING.

[There has been no statute on this subject since 7 G. 2, c. 8, made perpetual by the 10 Geo. 2, c. 8.]

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