Government Annuities Act, 1838

GOVERNMENT ANNUITIES ACT 1838

CHAPTER XLIX.

An Act to transfer the Management of certain Annuities on Lives from the Trustees of the Waterloo Subscription Fund to the Commissioners for the Reduction of the National Debt, and to amend several Acts for enabling the said Commissioners to grant Life Annuities and Annuities for Terms of Years. [27th July 1838.]

[Preamble and whole Act, except ss. 11–14, rep. 51 & 52 Vict. c. 57. (S.L.R.)]

If on death of annuitant intestate, the sum claimed does not exceed 10l., the same may be paid without production of letters of administration.

Penalty on false declaration.

11. In case of the death of any party or nominee after the passing of this Act who is entitled to an annuity payable by the said commissioners under the authority of this or any other Act now in force or which may hereafter be in force, if such party shall die intestate, and letters of administration shall not be taken out to his or her effects, and if the sum claimed shall not exceed ten pounds, it shall be lawful for the said commissioners to pay the same, without the production of letters of administration, to any party, being one of the next of kin of the deceased, upon such party making a declaration to that effect, in such form as the said commissioners, or the comptroller general, or assistant comptroller acting under the said commissioners, shall think fit: Provided always, that in case such declaration shall be false, the party making the same shall be subject to the like penalty as is imposed in and by the said Act passed in the second and third years of the reign of his late Majesty King William the Fourth. [1]

On death of party or nominee entitled to an annuity, the production of probate or letters of administration to be sufficient authority for payment.

12. In case of the death of any party or nominee entitled to any annuity payable by the said commissioners under the authority of this or any other Act now in force or which may hereafter be in force, the production of probate or letters of administration, to an amount exceeding the sum claimed of the said commissioners, granted by any court in Great Britain or Ireland having authority to grant the same, shall be a sufficient authority to the said commissioners to pay to the party to whom such probate or letters of administration may be granted, any sum which may be due on account of such annuity.

Evidence of existence or death of nominee.

13. Whenever it shall be proved to the satisfaction of the said commissioners, or of the comptroller general, or of the assistant comptroller acting under the said commissioners, that the certificate proving the existence or death of any nominee, as required by the Acts under which any life annuity may have been or may be granted, or of any annuity which may be payable by the said commissioners, cannot be produced, it shall and may be lawful to and for the said commissioners, or comptroller general, or assistant comptroller general, to admit such other evidence of the existence or death of the said nominee as they may under the circumstances of each particular case deem expedient and sufficient.

Certificate of registrars of births, &c. sufficient evidence.

14. The production of the certificate under the hand of any superintendent registrar or registrar of births and deaths, to be attested by two or more credible witnesses, certifying that such certificate is a true copy of the register book, or of the certificate of the registrar general under the seal of the register office, shall be sufficient evidence of the birth, death, or marriage of any nominee in each case, any thing in the said Acts or in any other Act for enabling the said commissioners to grant life annuities to the contrary thereof notwithstanding: Provided always, that every such certificate shall be accompanied with a declaration of the identity of every such nominee, to be made, taken, and declared by and before such and the like authorities as are mentioned in any of the said Acts; and whenever any such certificate of birth, death or marriage shall be produced of any superintendent registrar or registrar of births and deaths (other than that of the registrar general), a declaration shall be annexed thereunto of the witnesses who attested the execution thereof, or one of them, or their, his, or her solemn affirmation in case they or either of them shall be of the people called Quakers or Moravians or Separatists, to be made before any justice of the peace or magistrate of the county, city, riding, town, or place wherein the place of the birth, death, or marriage of any such nominee shall be situate, setting forth that such witness or witnesses did examine and compare the said copy of the register of birth, death, or marriage with the register thereof, and that it is a true and literal copy thereof, and did see such registrar or superintendent registrar (as the case may be) sign the said certificate, and that the names of such witnesses are of their own proper handwriting.

[1 The Act referred to is 2 & 3 Will. 4. c. 59.]