Imatges de pàgina
PDF
EPUB

XXVIII.-Change of Residence of Claimant or his Agent. Any change of residence on the part of a claimant or his agent, while his claim is pending before the Commission, must be immediately communicated to the Joint Secretaries to the Commission.

XXIX.-Officers receiving Public Money for Disbursement. All officers who may have received public money, and have become responsible for the disbursement of such money, by the usages and regulations of military service, will be called upon by the Commission to render a satisfactory account of the application thereof, before their claims shall be taken into consideration, unless they shall have been recognized by the Portuguese Government as having already rendered such an account.

XXX.-Notice to Claimants of Amount found due. Before the final adjudication of any claim, each claimant or his representative shall receive notice of the amount which the Commission shall have found due, upon the evidence before them, in order that, if such claimant, or his agent should conceive that he is entitled to a different award, he or his agent may have an opportunity of stating the grounds upon which such an opinion on their part is founded. The Commission after due consideration of such grounds, will give their final decision, and will direct their award to be prepared for delivery to the claimant.

XXXI.-Titulos. A document or Titulo will be delivered by the Commission to each claimant, payable to the claimant, or to his order, by such financial agent in London as Her Most Faithful Majesty may appoint; in which document the total amount awarded, and the interest which that amount bears, until paid, will be stated. XXXII.-Minute of Award, and its Grounds. A minute of the award and of its amount will be entered on the "minutes" of the Commission on the day it is given.

The "award" shall state the different amounts found due, and the grounds of each decision; such award, together with the claim and the various documents appertaining thereto (or authenticated copies thereof), made out in duplicate, will be preserved by each Commissioner, for the information of the British and Portuguese Governments.

XXXIII.-Proofs of Identity. - If the claimant be on the spot, he will be required to prove his identity; if he be an officer, by producing his commission, and by otherwise satisfying the Commissioners by such means as may seem to them in each case necessary. Petty officers and sailors, non-commissioned officers and privates, will be required to prove their identity by the presentation of their discharge, or by any other document or certificate of service which may be in their possession, and by a declaration made before a Magistrate or Justice of the Peace, by some repectable householder established in London, attesting his personal knowledge of the claimant, and containing a description of the said claimant's person (according to the form No. 2, which will be supplied at the office of the Commission on application), and the claimants will be required to give such further proof of their identity as the Commission may in each case deem necessary.

XXXIV.-If Absent. If the claimant cannot appear in person before the Commission, his identity must be substantiated by a declaration to be made before a Magistrate or Justice of the Peace, by 2 respectable householders residing in the same town or parish with the claimant; and by the certificate of the minister of the parish, or of some municipal or parochial authority of the district, within which the said claimant is residing, which certificate should state that the parties signing it know of their own knowledge that the person making such claim is the person whom he signs himself to be.

The forms containing the particulars referred to in these Articles will be transmitted from the office to claimants upon application by letter.

XXXV.-Authentic Credentials to be produced by Heirs or Representatives, claiming under Probates of Wills, &c. -The heirs of British subjects who served in Her Most Faithful Majesty's army or navy will be required, if claiming under a Will, to produce the Probate of such Will, or an authenticated copy of the Probate; and, in case of intestacy, payment will be made to the personal representative, to whom letters of administration shall have been granted, and on whom the duty of distribution among the next of kin is imposed by such letters of administration.

XXXVI.-Authorities to Agents. Agents or representatives of claimants must produce an explicit and formal written authority, according to the form No. 3 from the claimant, attested before a Magistrate, and giving such Agent the necessary power. The Agent will also be required to produce the evidence of identity of the party, indicated in Article XXXIII or XXXIV.

XXXVII.-Authorities given to 2 Agents by 1 Claimant. If 2 such authorities to act for a claimant are presented by different parties, that bearing the latest date will be acted upon; and the representative, under the former authority, will be made acquainted with the presentation of the more recent authority. A claimant, in person, will take precedence of any party to whom he may have given a power of attorney or other written authority, provided he delivers to the Commission a formal and attested revocation of such power previously given by him to another person according to the form No. 4.

XXXVIII.-Legal Questions to be referred to the Law Officers. In the event of any legal question arising in reference to the foregoing points, such question will be referred to the decision of the law officers of the Crown.

London, June 22, 1841.

(L.S.) PALMERSTON.

(L.S.) TORRE DE MONCORVO.

upon PORTUGUESE GOVERNMENT, for

during during the WAR of LIBERATION, under the

Received at the Office of the Commission on the

of

[blocks in formation]
[blocks in formation]

Claimant.

211

+

of

184

[blocks in formation]

FORM No. 1.-CLAIM of

This Line No.

filled up by the

Claimant. Regiments

or Vessels In what
in which Companies

the
of such
Claimant Regiment.
served.

late**

Different
Ranks held
during the
Service, and

date of

appointment
to each.

Number
of Days

VOL. XI.

TOTAL......

BT Directions for filling in the Blanks in this Paper. * Surname and Christian Name to be written at length. ** State the Party's last Rank.

*Whether Military or Naval.

*** Insert what Contract or Contracts claimed under. + Insert the Date.

The signature of the Claimant, or his Agent or Representative.

|||| Insert the Residence of the Claimant or his Representative. Also of the Agent, if claimed through one.

Here describe all the Documents and Vouchers sent in with the Claim.

§§ The Amount to be put into one or other column, according as it was received in one or other currency.

[graphic]

FORM NO. 2.- To the Commissioners of the Mixed British and

Portuguese Commission.

THE application of*

latet

in‡ in Her Most Faithful Majesty's service during the War of Liberation, for arrears of pay, gratuity, prize money, &c., is submitted for consideration by the undersigned.

(Claimant's signature.)

Place of abode is at

Declaration of 1 or 2 Householders.§

WE (or I) hereby certify that

have personally known the ; have seen him sign the

above-subscribing above application, and believe his statement that he was in Her Most Faithful Majesty's service during the War of Liberation to be true.

who is the claimant is feet

The said

inches high; of

complexion, with

hair, is about

eyes; has

years of age, and has the following marks or

peculiarities-namely:

(Signature of householders.)

Residing at

county of

in the parish of

in the

The above parties have appeared before me, and have this day

signed the above declaration.

(Magistrate's signature.)

Certificate of Minister, or one of the Municipal or Parochial
Authorities of the Parish in which the Claimant resides.||

I HEREBY certify of my personal knowledge that the said making the claim above stated is the person he

signs himself to be.

of

Given under my hand at

184

on the

Minister residing at

day

[If not the minister of the parish, such other authority signing

shall state his official situation or appointment.]

* Name in full: -Christian and Surname.

† State iast rank in the service.

† Regiment, or Ship, in which last served.

§ If the Claimant appears in person, the Declaration of one Householder will be sufficient.

|| This Certificate to be filled up when the Claimant cannot appear in person.

FORM NO. 3- To the Commissioners appointed by the Governments of Great Britain and Portugal respectively, to be a "Mixed British and Portuguese Commission," for investigating and adjudicating upon the claims of the British Subjects employed in the Naval and Military Service of Her Most Faithful Majesty, in the late War of Liberation.

WHEREAS I,*

in the‡

formerly at

have appointed and constituted, and do hereby declare as my agent and attorney in all matters connected with my claims on the Portuguese Government, of whatsoever kind, on account of my service in the late War of Liberation; I hereby authorize and empower the said

to appear before you, the said Commissioners, and, on my behalf, to settle all manner of accounts in respect of my claims, and to receive from you all such titulos, documents, or other certificates of debt, pay, arrears, gratuity, pensions for wounds, compensations, or awards, as you the said Commissioners shall, after finally investigating my claims, adjudge to me.

And I hereby also empower and authorize the said to exchange receipts and acquittances for the same, and to do all other acts in relation thereto in as full and authentic a form, and in as binding a manner in all respects, as if I were present, and personally consenting to the same.

In witness whereof I have hereunto subscribed my name in

this

(Signature.)

Residing at

day of

184

I hereby certify that I personally know the above subscribing and have seen him sign the above declaration.

(Signature of householder.)

Residing at

I hereby declare that the above parties have this day appeared before me and signed the above declaration.

(Signature of Magistrate or Justice of the Peace.)

FORM No. 4.-Revocation. To the Commissioners appointed by the Governments of Great Britain and Portugal respectively, to be a "Mixed British and Portuguese Commission" for investigating and adjudicating upon the Claims of British subjects employed in the Naval and Militavy Service of Her Most Faithful Majesty, during the War of Liberation.

WHEREAS I,*

in the‡

, formerlyt

day of

on the

* State Christian name and Surname, at full length.

† State last rank held in the service.

‡ Regiment or Ship in which last served.

did appoint,

« AnteriorContinua »