Imatges de pàgina
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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.

Annuitant or

Nominee the
Sum claimed

does not exceed
10%, the same
may be paid
duction of Let-

without Pro

ters of Administration.

XI. And be it enacted, That in case of the Death of any If on Death of 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 Penalty on 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.

Declaration.

minee entitled to an Annuity,

Letters of Ad

XII. And be it enacted, That in case of the Death of any On Death of Party or Nominee entitled to any Annuity payable by the said Party or NoCommissioners under the Authority of this or any other Act now in force or which may hereafter be in force, the Produc- the Production tion of Probate or Letters of Administration, to an Amount of Probate or exceeding the Sum claimed of the said Commissioners, granted ministration by any Court in Great Britain or Ireland having Authority to sufficient. 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 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.

XIV. And be it enacted, That 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 Regis

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trar

Evidence of

Existence or

Death of Nominee when

admissible.

Certificate of

Registrar Ge

neral of Births,

&c. sufficient.

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trar 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.

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CAP. L.

An Act to continue until the Thirty-first Day of Decem-
ber One thousand eight hundred and thirty-nine, and
from thence to the End of the then next Session of
Parliament, an Act of the Ninth Year of His Majesty
King George the Fourth, for the Administration of
Justice in New South Wales and Van Diemen's
Land.
[27th July 1838.]
WHEREAS an Act was passed in the Ninth Year of the
Reign of His Majesty King George the Fourth, intituled
An Act to provide for the Administration of Justice in New South
Wales and Van Diemen's Land, and for the more effectual
"Government thereof, and for other Purposes relating thereto :
And whereas the said Act is near expiring, and it is expedient
to continue the same:' 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 the said Act shall be continued until the Thirty-
first Day of December One thousand eight hundred and thirty-
nine, and from thence to the End of the then next Session
of Parliament.

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CAP. LI.

An Act to amend the Laws relating to the Levy of Grand Jury Cess in the County of the City of Dublin. [27th July 1838.] WHEREAS the System now used in the County of the City of Dublin, of apportioning the Sums to be raised by Grand Jury Presentment according to the Amount of 'Ministers Money charged upon each House therein, is partial ' and unequal: And whereas under an Act passed in the Fifth "Year of the Reign of King George the Fourth, intituled An 5 G.4. c. exviii. Act to provide for valuing the Houses situate in and near the City of Dublin, and for the more equal Payment of the Local Taxes there, and under another Act passed in the First Year 4 + Z ' of the Reign of Her present Majesty, intituled An Act to make 1 Vict. c. 25.3 more effectual Provisions relating to the Police in the District of Dublin Metropolis, Provision has been made for a just and equable Valuation of all Houses, Lands, and Tenements con'tained therein, and it is expedient that such Valuation, so 'far as it extends, should be the Basis of the Assessment and 'Applotment of all Sums to be raised by Grand Jury Present'ment in the County of the City of Dublin: 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 from and after the Commencement of this Act all Sums to be raised by Grand Jury Presentment in the County of the City of Dublin and within the Police District of Dublin Metropolis shall be apportioned and applotted upon all Lands, Houses, and Tenements therein re- recited Acts. spectively, according and in proportion to the Value of each and every such House, Land, or Tenement respectively, as contained in the Valuation or Assessment so made under the said recited Acts, so far as such Valuation or Assessment shall extend or be applicable; and that such Apportionment and Applotment shall be liable to be varied and altered from Time to Time in manner herein-after mentioned, according as such Police Valuation or Assessment shall be altered or varied, upon Appeal or otherwise, as in the said recited Acts is provided.

Grand Jury
Presentments
according to
Valuation under

to be applotted

II. And be it enacted, That such Grand Jury Cess shall be Charge and Rechargeable upon the like Tenements according to their Value covery of Cess. respectively in such Police Assessment, and payable by the like Persons, and recoverable in the same Manner as the said Police Rate or Tax is chargeable, payable, and recoverable under and by virtue of the Provisions of the said recited Acts, and not otherwise.

Dublin to ob

III. And be it enacted, That the Treasurer of the County of Treasurer of the City of Dublin shall and he is hereby required, Fifteen Days the City of at the least previous to the First Day of Easter Term next tain a Copy of after the passing of this Act, to demand from the Justices such Valuation appointed under the said recited Acts, passed respectively in from the Jus

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the

tices under re

cited Act, and

divide and preParochial

pare it into

and lay the

Lists,

same before the Grand Jury.

the Sixth and Seventh Years of the Reign of His late Majesty and in the First Year of Her present Majesty, a Copy of such Valuation as aforesaid, which the said Justices are hereby empowered and required to give within Seven Days after such Demand; and such Treasurer shall forthwith divide and prepare such Valuation into parochial Lists or Valuations, according to the respective Parishes or Parts thereof in which the Houses, Lands, and Tenements contained therein are situate respectively, and shall lay such Valuation so prepared and divided before the Grand Jury of the said County of the City of Dublin upon the First Day of Meeting of such Grand Jury after the Commencement of this Act; and the said Treasurer shall and he is hereby required thenceforward, Fifteen Days at the least before each Presenting Term, to call upon such Justices to furnish him with a Copy or Schedule of all such Alterations or Variations in the said Valuation as shall have been made under the Provisions of the said recited Acts from Time to Time, and which said Justices are hereby empowered and required in like Manner to furnish to such Treasurer, who shalt amend such Valuation accordingly, and lay the same in such corrected and amended Form before such Grand Jury upon the Grand Jury to First Day of each Presenting Term; and such Grand Jury shall

assess accord

ingly.

Penalty on

Treasurer or
Justices ne-

thereupon assess the several Sums to be raised by Grand Jury Presentment upon the several Parishes or Portions thereof in the County of the City of Dublin, according and in proportion to their respective Valuation in such general Valuation or Assessment; and in the event of the said Treasurer neglecting so to demand and furnish to the Grand Jury such Copy of glecting in the the said Valuation, or in the event of the said Justices refusing or neglecting to comply with such Demand, within the Period aforesaid, such Treasurer or Justices so defaulting shall for every such Default forfeit and pay a Sum of Fifty Pounds to any Person who shall sue for the same by Civil Bill.

above Par

ticulars.

Treasurer to furnish to each Parish, &c. a

Copy of so much

IV. And be it enacted, That, together with the Warrant specifying the Amount so assessed by the said Grand Jury upon each Parish or Part of a Parish in the County of the City of of the Valuation Dublin, such Treasurer shall furnish to the Churchwardens, or as appertains thereto. other proper Person or Persons therein respectively, a correct and proper Copy of so much of the said Valuation as shall appertain thereto; and the Amount of the Assessment to be raised off such Parish or Part of a Parish shall be applotted and apportioned in conformity with and in proportion to the Value of each and every House, Land, or Tenement contained therein respectively as the same shall be inserted in such Valuation.

Said Copy of

returned after

Applotment

made.

V. And be it enacted, That within Ten Days after every Valuation to be such Applotment shall have been completed such Churchwardens or other proper Person or Persons shall, together therewith, return the said Valuation to the said Treasurer, and such Valuation shall be preserved by him amongst the County Records in his Office; and the Lord Mayor of the said City shall, at the Instance of the said Treasurer, issue

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his Warrants, as now by Law required, for the Collection of the Sums so applotted, and the same shall be collected and levied accordingly.

present for Expences of Copy

of Valuation.

VI. And be it enacted, That it shall and may be lawful for Grand Jury to the said Grand Jury of the County of the City of Dublin to present a reasonable Sum to be paid to the Receiver of the Police Tax or Rate in the said City under the said recited Acts as and for the Expences of preparing such Copy of the said Valuation, and the said Alterations and Corrections therein from Time to Time.

defined.

VII. And be it enacted, That, for all Purposes relating to Limits of the Grand Jury Presentments, the County of the City of Dublin County of the shall, from and after the Commencement of this Act, be deemed City of Dublin to include and to extend over the County of the City of Dublin, and such Parts of the County of Dublin as lie within the Circular Road: Provided always, that every such Part of the County of Dublin as aforesaid shall, from and after the Commencement of this Act, be freed and exempted from all Grand Jury Charge or Cess in respect of forming a Portion of the County of Dublin, save and except such Charges or Cesses as shall have been previously duly charged and assessed thereon by Grand Jury Presentment or otherwise, and which Charges or Cesses may be recovered by all the Ways and Means theretofore in force for that Purpose notwithstanding the passing of this Act: Provided always, that nothing herein contained shall be deemed, taken, or construed to make any College or Hospital chargeable with such Grand Jury Cess which is not now liable thereto.

in the Circular

Parishes in the

VIII. And be it enacted, That such Parts of the County of Parts of County Dublin as are contained within the Circular Road, and within of Dublin withwhich there is no Parish Church, and which did not imme- Road, not being diately before the passing of this Act belong to any Parish Parishes, to be within the County of the City of Dublin, shall for all the Pur- annexed to poses of this Act be deemed to form a Portion of such Parish City of Dublin. in the said County of the City of Dublin as the Grand Jury thereof shall present and appoint; and such Grand Jury is hereby required, at the First Presenting Term after the passing of this Act, to present the same, and give due Notice thereof to such Parishes and Parts of the County of Dublin, by posting Copies of such Presentment in the most public and usual Places for posting public Notices.

IX. And whereas, on account of the Increase in the Num- Presentment 'ber of Prisons belonging to the County of the City of Dublin, for Chaplains it is expedient to augment the Sums which the Grand Juries

' of the said County of the City of Dublin are authorized to present annually as a Recompence for the Services of the Chaplains of the several Prisons in the said City (and especially of the principal City Gaol of Newgate, where the Number of 'Prisoners annually committed is larger and the Duty more onerous than in the other Prisons), under and by virtue of an 'Act passed in the Seventh Year of the Reign of His Majesty King George the Fourth, intituled An Act for consolidating and 7 G. 4. c. 74. amending the Laws relating to Prisons in Ireland;' be it there

fore

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