Declaration to be certified, said Returning Officer, Commissioner, or Justice of the Peace before whom the said Declaration shall be made is hereby required under Penalty. to certify the making thereof, when the same shall have been made in England or Wales, unto the High Court of Chancery, or to the Court of Queen's Bench in England, and when the same shall have been made in Ireland unto the High Court of Chancery or to the Court of Queen's Bench in Ireland, within Three Months after the making of the same, under the Penalty of forfeiting the Sum of One hundred Pounds; to wit, one Moiety thereof to the Queen, and the other Moiety thereof to such Person or Persons as will sue for the same, to be recovered, with full Costs of Suit, by Action of Debt or Information, in any of Her Majesty's Courts of Record at Westminster or Dublin respectively. Fees for administering and filing Declaration. Every Member to deliver in at the Table of the House a State make the fol tion. V. And be it enacted, That no Fee or Reward shall be taken for administering any such Declaration, or making, receiving, or filing the Certificate thereof, except One Shilling for administering the Declaration, and Two Shillings for making the Certificate, and Two Shillings for receiving and filing the same, to be paid by the Person or Persons requiring such Declaration to be made, under the Penalty of Twenty Pounds, to be recovered and divided as aforesaid. VI. And be it enacted, That every Person who shall in future be elected and returned a Member of the House of Commons for any County, Riding, Part, or Division of a County, or for any ment of Quali- City, Borough, or Cinque Port within that Part of Great Britain fication, and called England, the Dominion of Wales, the Town of Berwickupon-Tweed, or Ireland, shall, before he shall sit or vote, after the lowing Declara- Choice of a Speaker, in the House of Commons, deliver in to the Clerk of the said House, at the Table of the said House, and while the House of Commons is there sitting, with their Speaker in the Chair, a Paper signed by such Member, containing such a Statement of the Lands, Tenements, or Hereditaments, or of the Personal Estate or Effects, whereby he maketh out his Qualification, as, in pursuance of the Provisions of this Act, he might at the Time of his Election. or at such other Time as is herein-before permitted for that Purpose, at the Request of any Candidate at such Election, or of such other Parties as are herein-before permitted to make such Request, be required to make; and shall also at the same Time make and subscribe the following Declaration: Form of Declaration. I a A. B. do solemnly and sincerely declare, That I am to the best of my Knowledge and Belief duly qualified to be elected Member of the House of Commons according to the true Intent and Meaning of the Act passed in the Second Year of the Reign of Queen Victoria, intituled An Act to amend the Laws relating to the Qualification of Members to serve in Parliament, and that my Qualification to be so elected is as set forth in the Paper signed by me, and now delivered to the Clerk of the House of Commons.' And the said House of Commons is hereby empowered and required to administer the said Declaration and Subscription, according to the Direction of this Act, as Occasion shall be, from Time to Time, to every Person duly demanding the same, immediately after such Person shall have taken the Oath of Fidelity or other Oath Oath or Oaths required to be taken at the Table of the said House; and the said Declaration and Subscription herein-before last directed to be made shall be entered in a Parchment Roll to be provided for that Purpose by the Clerk of the said House; and the said Paper so signed, and delivered in to the said Clerk, shall be filed, and kept by him. Misdemeanor. VII. And be it enacted, That any Person who shall make False Declaraand subscribe any such Declaration as aforesaid, or who shall tion deemed a sign and deliver in any such Paper as aforesaid, knowing the same to be untrue in any material Particular, shall be deemed guilty of a Misdemeanor. VIII. And be it enacted, That if any Person who shall in future be elected and returned a Member of the House of Commons for any County, Riding, Part, or Division of a County, or for any City, Borough, or Cinque Port within that Part of Great Britain called England, the Dominion of Wales, the Town of Berwick-upon-Tweed, or Ireland, shall sit or vote as a Member of the House of Commons before he has delivered in such Paper, and made and subscribed such Declaration as aforesaid, and shall not be qualified according to the true Intent and Meaning of this Act, his Election shall be void, and a new Writ shall be issued to elect another Member in his Room. Election void if Member sits or votes before he has complied with the Provi sions of the Act. IX. Provided always, and be it enacted, That nothing in this Not to extend Act contained shall extend to either of the Universities in that to the Members for the Univer sities; Part of Great Britain called England, or to the University of Trinity College, Dublin, in Ireland, or to any Member or Members elected and returned to serve in Parliament by any of the said Universities, but that they and each of them may elect and return Members to represent them in Parliament, and that the Members so elected and returned may sit and vote in the House of Commons, notwithstanding such Members or any of them may not, at the Time of their Election and Return, or afterwards, possess any such Qualification as is herein required, or deliver in such Paper, or make or subscribe such Declaration as is herein required, any thing herein contained to the contrary notwithstanding: Provided also, that nothing in this Act contained shall nor to the eldest extend to make the eldest Son or Heir Apparent of Sons of Peers. Peer or any Lord of Parliament, or of any Person qualified by this Act to serve as Knight of the Shire, incapable of being elected and returned, or of sitting and voting as a Member of the House of Commons in any Parliament. X. And be it enacted, That this Act may be amended or re- Act may be pealed by any Act to be passed in the present Session of Par- amended. liament. 59 G.3.c.34. Trustees may transfer Annuities to Names of Parties entitled thereto. Annuities to be received from CA P. XLIX. An Act to transfer the Management of certain Annuities WHEREAS by virtue of the Power contained in an Act passed in the Fifty-ninth Year of the Reign of His late Majesty King George the Third, intituled An Act to amend and render more effectual several Acts for enabling the Commissioners for the Reduction of the National Debt to grant Life Annuities, and to empower the said Commissioners to grant Annuities for 'Lives or Years, for promoting the beneficial Purposes of the Fund 'commonly called the Waterloo Subscription, the Trustees of the said Fund purchased from the Commissioners for the Reduction of the National Debt certain Life Annuities for the Benefit of certain Parties to whom they had granted Annuities, which Annuities have been since from Time to Time received by the 'said Trustees and paid over to the said Parties: And whereas the said Trustees and the Chairman and Managers of the said • Waterloo Subscription are desirous that in future the said Annuities should be paid by the said Commissioners to the Parties 'entitled thereto, and that they should have no further Control over the same, but should be released and discharged from acting as such Trustees, Chairmen, and Managers' Be it therefore enacted by the Queen'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 it shall and may be lawful to and for the surviving existing Trustees of the Waterloo Subscription, under and subject to such Terms and Conditions as shall be approved of by the Commissioners of Her Majesty's Treasury, or any Three or more of them, to transfer the said Annuities now standing in their Names to the Names of the said Parties who on the Day of the passing of this Act may be entitled to receive the same. II. And be it enacted, That the Parties who on the passing of this Act were entitled to the said Annuities shall thencefor Commissioners; ward receive the same from the said Commissioners instead of from the said Trustees. III. And be it enacted, That the Payment of the said Annuities arising from the Waterloo Subscription Fund, or of any Part, on the Death of the Annuitant, shall be under and subject to the same Rules and Regulations as now are or may at any Time hereafter be in force respecting Life Annuities granted by the said Commissioners. IV. And be it enacted, That the Annuities to which any Party or Parties may be entitled from the said Waterloo Subscription Fund or under this Act shall be payable half-yearly, namely, the Fifth Day of January and the Fifth Day of July in each and every Year; the first Payment thereof to be made by the said Com Commissioners on the Fifth Day of January One thousand eight hundred and thirty-nine. V. And be it enacted, That no Annuity payable under this Act No Annuity shall be assignable or transferrable by any Party entitled thereto, under this Act to be assignable. and in case any such Party shall assign or transfer such Annuity, the same shall cease and become forfeited. VI. And be it enacted, That upon the Death of any Party entitled to any Annuity arising from the Waterloo Subscription Fund under the Authority of this Act, the Executors, Adminis trators, or next of Kin of such Party shall be entitled to receive the Amount of such Annuity which would have been due on the Fifth Day of January or Fifth Day of July, as the Case may be, up to the half-yearly Day of Payment next following the Day of the Decease of such Party. VII. And be it enacted, That all Certificates, Powers of Attorney, and also all other Documents whatever (except Probates of Wills or Letters of Administration) which may be required by the said Commissioners to be made, given, or produced by any Party entitled to any Annuity payable under this Act shall be free and exempt from Stamp Duty. In case of Death, Annuity to be payable up to next half-yearly Dayof Payment. Certificates, &c. exempt from Stamp Duty. VIII. And be it enacted, That it shall be lawful for the Commis- Clerks, &c. to sioners for the Reduction of the National Debt, and they are hereby be appointed by authorized and empowered, from Time to Time to appoint such Commissioners. Officers, Clerks, and other Persons as may be necessary for carrying this Act into execution, and as may be approved by the Commis. sioners of Her Majesty's Treasury. IX. And be it enacted, That it shall be lawful for the Lord High Treasurer or the Commissioners of Her Majesty's Treasury, or any Three or more of them, for the Time being, to order and direct to be received and paid, out of the Fund upon which the Establishment of the Commissioners for the Reduction 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. X. And whereas it is necessary to remove Doubts which exist as to the Declaration of Identity, upon Production of the Certi'ficate of the Existence or of the Death of Nominees, in the "Case of Annuities payable under and by virtue of an Act passed ' in the Thirteenth and Fourteenth Years of the Reign of His 'late Majesty King George the Third, intituled An Act for granting Annuities, in the Manner therein provided, to such Persons as shall voluntarily subscribe towards the raising a Sum not exceeding 'the Sum of Two hundred and sixty-five thousand Pounds; and also of another Act passed in the Fifteenth and Sixteenth Years of the Reign of His late Majesty King George the Third, inti'tuled An Act for granting Annuities, in the Manner therein pro'vided, to such Persons as shall voluntarily subscribe towards the raising a Sum not exceeding the Sum of One hundred and seventyfive thousand Pounds; and also of another Act passed in the Nineteenth and Twentieth Years of the Reign of His late Majesty King George the Third, intituled An Act for granting unto Q 4 • His Lords of Trea sury to pay Salary of Clerks. Declaration of Identity under certain Irish Acts to be in same Form, &c. as under 2 & 3 Will. 4. c. 59. If on Death of Party the Sum does not exceed 10., the same may be paid without Production of Letters of Administration. Penalty on false Proceeding on Evidence of Ex istence or Death of Nominee when admissible. His Majesty the several Duties, Rates, Impositions, and Taxes therein particularly expressed, to be applied to the Payment of the Interest of the Sums therein provided for, and towards the Discharge of the said Principal Sums, in such Manner as therein is 'directed, and for other Purposes as are therein mentioned ;' be it enacted, That such Declaration shall be in the same Form and subject to the same Rules and Regulations as Declarations of the same Kind required under and by virtue of an Act passed in the Second and Third Years of the Reign of His late Majesty King William the Fourth, intituled 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, and shall be deemed sufficient if made and signed by the Proprietors of the said Annuity, or by his, her, or their Attorney or Attornies, without being made before any Justice of the Peace or other Authority: Provided always, that in case of any fraudulent Declaration the Party making the same shall be subject and liable to the same Penalty as is imposed in or by the last-mentioned Act. XI. And be it enacted, That 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 Administra tion 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. XII. And be it enacted, That 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. XIII. And be it enacted, That 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 |