Page:Life Annuities Act 1808 (ukpga1808142).pdf/9

Rh Magistrate of any Province, City, Town or Place where such Nominee shall be living: Provided also,that in all Cases where an Annuity shall depend on the Lives of Two joint Nominees, who shall both be living, it shall be sufficient to produce the Certificate of the Life of either of such Nominees.

Provided always, and be it further enacted, That to every such Certificate as herein-before is directed to be produced to the said Officer, shall an Affidavit or solemn Affirmation made before any Justice of the Peace or Magistrate in England or Scotland respectively, or if in Ireland before one of the Barons of the Exchequer there, by the Person or Persons entitled to the said Annuity, or by the Person applying to receive the same on his, her, or their Behalf, that the Matters contained in such Certificate are to the best of his or her Belief true, and that the Person described or certified therein is the Nominee or one of the Nominees on whose Life or Lives the Annuity whereof such Half-yearly Payment shall be claimed doth depend; and in case such Annuity than have been granted on the Lives of Two Nominees and on the Life of the longer Liver of them, then in such Affidavit or Affirmation shall also be specified, to the best of the Knowledge or Belief of the Person making such Affidavit or Affirmation, whether the other of the Two Nominees whose Life shall not be so certified as aforesaid be living or dead, and if living the usual Place of his or her Residence but if the Person making such Affidavit or, Affirmation than be wholly ignorant whether the other of such Two Nominees shall be living or dead, or if living of the usual Place of his, of her Abode, then the same shall be specified in Each Affidavit or Affirmation.

And be it further enacted, That upon the Production of such Certificates and Affidavits as this Act are directed to be produced to the said Officer, for enabling the Receipt of Half yearly Payments of Annuities, such Officer shall and he is hereby required to grant to the Person producing the same, a Certificate in the Form in the Schedule to this Act annexed marked (F.) which Certificate being produced to and lodged with the Governor and Company of the Bank of England, shall be; sufficent to authorize them, and they are hereby required to pay to the Person entitled to receive the said Annuity, not only the Half-yearly Payment thereof, which shall have become due on the Day upon which any such Nominee shall have been certified as living, but also all preceding Half yearly Payments of such Annuity which shall have become due; but which shall not have been paid.

Provided always, and be it further enacted, That in all Cases where upon the Death of any Tingle Nominee, or of the Survivor of any Two joint Nominees, any Claim shall be preferred under the Provisions of this Act, for the Payment of a Sum equal to One-fourth Part of the Annuity depending upon his or her Life, the Person or Persons preferring such Claim shall produce to the Officer to be appointed as aforessaid a Certificate of the Death of such Nominee, specifying the Day on which he or she shall have died, together with an Affidavit in Proof of the Identity of such Nomineee, to be respectively granted and taken by and before such and the like Persons as by this Act are authorized and empowered to grant Certicates, and to administer Affidavits in Proof of a Nominee being living on