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4. Any person knowingly and wilfully making any false An Act for abolishing the Jurisdiction of the Ecclesiastical oath, affidavit, or affirmation before any person having anthoCourts of England and Wales in Suits for Defamation. rity to administer such oath or take such affidavit or affirma
[26th June, 1855.] tion under the said act' of Geo. 4 or this act, shall be deemed
guilty of perjury, and such offender may be charged, proceeded Sect. 1. Jurisdiction of ecclesiastical courts in England, against, tried, and dealt with, in any county or place in the &c. in suits for defamation abolished.
United Kingdom, in the same manner in all respects as if the 2. Persons in custody for defamation under order of eccle- offence had been committed in such county or place. siastical courts to be discharged, but such order not to be made 5. If any person shall forge any such seal or signature as until costs are paid.
aforesaid, or shall tender in evidence any such document as
aforesaid with a false or counterfeit seal or signature thereto, CAP. XLII.
knowing the same to be false or counterfeit, he shall be guilty An Act to enable British Diplomatic and Consular Agents of felony, and shall upon conviction be liable to penal servi. Abroad to administer Oaths and do Notarial Acts.
tude for the term of four years, or to be imprisoned, with or
[2nd July, 1855.] without hard labour, for any term not exceeding three years Sect. 1. Oaths may be administered by ambassadors and been admitted in evidence by virtue of this act, the court or the
nor less than one year, and whenever any such document has other British ministers abroad.
person' who has admitted the same may, at the request of any 2. Afidavits taken before ainbassadors, fc. abroad party against whom the same is so admitted in evidence, direct
may be used in courts in the United Kingdom. that the same shall be impounded and be kept in the custody 3. Documents to be admitted in evidence without proof of some officer of the court or other proper person for such
of the seal or signature of the ambassador or other period and subject to such conditions as to the said court official person.
or person shall seem meet; and every person charged with 4. Persons swearing or affirming falsely guilty of committing any felony under this act may be dealt with, inperjury.
dicted, tried, and, if convicted, sentenced, and his offenee may 5. Persons forging seal or signature guilty of felony. be laid and charged to have been committed in the county, Whereas by an act of the 6 Geo. 4, c. 87,"powers are given district, or place in which he may be apprehended or be in to British consuls-general and consuls to administer oaths and do custody;' and every accessory before or after the fact to any such notarial acts in the foreign places to which they are appointed; offence may be dealt with, indicted, tried, and, tif-convicted, and it is expedient that the like powers should be given to am sentenced, and his offerice laid and charged to have been combassadors and other diplomatic agents and to vice-consuls and mitted in any county, district, or place in which the principal consular agents abroad : be it enacted &c. as follows:
offender may be tried. Sect. 1. From and after the passing of this act it shall and
CAP. XLIII. may be lawful for every British ambassador, envoy, minister, chargé d'affaires, or secretary of embassy or of legation exer
An Act to enable Infants, with the Approbation of the Court cising his functions in any foreign country, and for every Bri.
of Chancery, to make binding Settlements of their Real and tish vice-consul, acting consul, pro-consul, or consular agent
Personal Estate on Marriage. [2nd July, 1855.] (as well as every consul-general or consul) exercising his func- Sect. 1, Infants may, with the approbation of the Court of tions in any foreign place, whenever he shall be thereto 're
Chancery, make valid settlements, or contracts for quired, and whenever he shall see necessary, to administer in >>, setllements, of their real and personal estate upon such foreign country or place any oath or to take any affidavit or affirmation from any person whomsoever, and also to do 2. In case infant die under age, appointment
, fc. to de and perform in such foreign country or place all and every
void. notarial acts or act which any notary public could or might be 3. The sanction of the Court of Chancery to be given required and is by law empowered to do within the United
upon petition. 17 Kingdom of Great Britain and Ireland; and every such oath, 4. Not to apply to males under twenty, or females affidavit , or affirmation, and every such notarial act, admi.
under seventeen, years of age. nistered, sworn, affirmed, bad, or done by or before such
Whereas great inconveniences and disadvantages arise in ambassador, envoy, minister, chargé d'affaires, secretary of embassy or of legation, vice-consul, acting consul, pro-consul, consequence of persons who marry during minority being inor consular agent, shall be as good, valià, and efectual, and capable of making binding settlements of their property; for shall be of like force and effect, to all intents and purposes, as
remedy whereof be it enacted &c: as follows. if such oath, affidavit, or affirmation, or notarial act respectively lawful for every infant, upot or in contemplation of his or her
Sect. 1. From and after the passing of this act it shall be had been administered, sworn, affirmed, had, or done before any, justice of the peace or notary public in any part of the marriage,
with the sanction of the Court of Chancery, to make United Kingdom of Great Britain or Ireland, or before any of all or any part of his or her property, or property over
a valid and binding settlement, or contract for a settlement, other legal or competent authority of the like nature.
which he or she has any power of appointment, whether real 2. Affidavits and affirmations so taken as aforesaid under or personal, and whether in possession, reversion, remainder, the said act of Geo. 4 or this act shall, and may be received, or expectancy; and every conveyance, appointment, and asread, and made use of in and before any court of law or equity, signment of such real or personal estate, or contract to make or other judicature whatever, in any part of the United King: a conteyànce, appointment, or assignment thereof, executed dom, and the judges and officers thereof, in or in relation to by such infant, with the approbation of the said Court, for the any action, suit, cause, matter, or proceeding in or before any purpose of giving effect to sach settlement, shall be as valid such court
, or judicature, in like manner, and shall be of the and effectual as if the person exeonting the same were of the same force and effect, as affidavits and affirmations taken in or fall age of twenty-one years : provided always, that this enactbefore such court or judicature, or by any person duly com- ment shall not extend to powers of which it is expressly missioned or authorised by such court or judicature to take declared that they shall not be exercised by an infant. such' affidavits or affirmations, and shall be filed and dealt 2. Provided always, that in case any appointment under a with accordingly.
power of appointment, or any disentailing assurance, shall 3. Any document purporting to have affixed, impressed, or have been executed by any infant tenant in tail under the prosubscribed thereon or thereto the seal and signature of any visions of this act, and such infant shall afterwards die under British ambassador, envoy, minister, chargé d'affaires, secre- age, such appointment or disentailing assurance shall theretary of embassy or of legation, consul-general, consul, vice- upon become absolutely void. consul, acting consul, pro-consul, or consular agent, in testi- 3. The sanction of the Court of Chancery to any such set. mony of any such oath, affidavit, affirmation, or act having tlement, or contract for a settlement, may be given, upon been administered, sxorn, affirmed, had, or done by or before petition presented by the infant or his or her guardian, in a him, shall be admitted in evidence without proof of any such summary way, without the institution of a suit ; and if there seal and signature being the seal and signature of the person be no guardian, the Court may require a guardian to be apwhose seat and signature the same purport to be, or of the pointed or not, as it shall think fit; and the Court also may, oficial character of such person.
if it shall think fit, require that any persons interested or
appearing to be interested in the property should be served with notice of such petition.
4. Provided always, that nothing in this act contained shall apply to any male infant under the age of twenty years, or to any female infant under the age of seventeen years.
sent Majesty, for charging the Maintenance of certain poor
[16th July, 1855.]
CAP. XLVIII. An Act to amend an Act of last Session, to provide for the An Act for the better Administration of Justice in the Cinque Establishment of a National Gallery of Paintings, Sculpture,
(16th July, 1855. and the Fine Arts, for the Care of a Public Library, and Sect. 1, Jurisdiction of Lord Warden in civil proceedings the Erection of a Public Museum, in Dublin.
abolished. [2nd July, 1855.) 2. Writs and judgments to be directed and executed in the
Cinque Ports as in other places. CAP. XLV. An Act for farther assimilating the Practice in the County Division, her Majesty may order such parishes to be part of
3. On petition of inhabitants of parishes within the Thanet Palatine of Lancaster to that of other Counties with respect said county, and county justices to have jurisdiction. to the Trial of Issues from the Superior Courts at West- 4. Justices of Kent empowered to levy county rates in the minster.
[16th July, 1855.] parishes and places which may be severed from Dover. Her Majesiy may issue commissions to Chief Justice, &c. of 5. 51 Geo. 3, c. 36; 5 & 6 Will. 4, c. 135; and sect. 11 and
Common Pleas in the county palatine of Lancaster, &c., part of sect. 10 of 6 & 7 Will. 4, c. 105, repealed as to places authorising them to take all the 'assizes, juries, &c. in severed from Dover. the said county in like manner as in other counties.
6. Places severed from Dover to continue liable to existing
debt. Whereas by the Common-law Procedure Act, 1852, sect. 103, it was enacted, that records of the superior courts at comomon
7. Saving as to persons committed or held to bail in places law should be brought to trial and entered and disposed of in
separate from Dover, the counties palatine in the same manner as in other counties :
8. Compensations. and whereas it was provided by the 27 Hen. 8, c. 24, s. 5,
9. Prisoners in gaol of Dover Castle to be remored to that justices of assize to be made and assigned within the county
county gaol. palatine of Lancaster should be made and ordained by commis.
10. Saving rights of Lord Warden, &c. sion under the King's usual seal of Lancaster, and in pursuance of the said proviso one chief justice and one other justice,
CAP. XLIX. being respectively judges of the superior courts at Westminster, An Act to indemnify such Persons in the United Kingdom as have been from time to time constituted and ordained by havé omitted to qualify themselves for Offices and Employgrants contained in separate letters-patent under the seal of'the ments, and to extend the Time limited for those Purposes county palatine of Lancaster : and whereas it is expedient to respectively.
[16th July, 1855.] make further provision for assimilating the practice of the said county palatine of Lancaster to that of other counties with
CAP. L. respect to the trial of issues from the superior courts of com- An Act to amend the Provisions of the Court of Exchequer mon law at Westminster: be it enacted &c. as follows :-It (Ireland) Act, 1850.
[16th July, 1855.] shall be lawful for her Majesty, her heirs and successors, hereafter to issue commissions of assize under the seal of the county
CAP. LI. palatine of Lancaster, directed to the judges appointed for the An Act to continue the Exemption of Inhabitants from Liabi. time being to the respective offices of chief justice and justice
lity to be rated as such, in respect of Stock-in-Trade or of Common Pleas within the said county palatine of Lancaster, other Property to the Relief of the Poor. and to such of her Majesty's counsel learned in the law, ser.
[16th July, 1855.] jeants, and barristers-at-law, having patents of precedence, or precedence within the bar, of the county palatine of Lancaster,
CAP. LII. and other serjeants-at-law to be from time to time selected for An Act to continue Appointments under the Act for consolithat purpose, authorising and commanding them to take all the dating the Copyhold and Inclosure Commissions, and for assizes, juries, and certificates, before whatever justices ar. completing Proceedings under the Tithe Commutation Acts. raigned, in the said county of Lancaster, in like manner and
[16th July, 1855.) with the like effect as such commissions are issued into other counties, together with the like writs or commissions of asso
CAP. LIII. ciation, and other writs and proceedings, as in other counties; An Act to relieve the East India Company from the Obligaand that every person so authorised shall have the like power to tion to maintain the College at Haileybury. be and act as a judge or commissioner of assize for the trial of
[16th July, 1855.] issues from the superior courts of law at Westminster and other issues in the said county palatine of Lancaster as any person
CAP. LIV. so authorised has in any other county, and shall also be deemed An Act to enable her Majesty to assent to a Bill, as amended, to be anthorised by such commission, and shall thereby have
of the Legislature of New South Wales, “ to confer a Confall authority, to act as a judge for the trial of any issues of stitution on New South Wales, and to grant a Civil List to fact in any causes depending in the said Court of Common her Majesty."
16th July, 1855.] Pleas at Lancaster : provided, and it is declared, that nothing herein contained shall deprive the chief justice or justice ap
CAP. LV. pointed or so ordained as aforesaid, by grant contained in let. | An Act to enable her Majesty to assent to a Bill, as amended, ters-patent, of any authority or jurisdiction to try issues from of the Legislature of Victoria, to establish a Constitution in the superior courts at Westminster and other issues in the said and for the Colony of Victoria. [16th July, 1855.] county palatine of Lancaster, and that all trials of such issues heretofore had or to be had before such chief justice or justice
CAP. LVI. constituted or ordained as aforesaid shall be deemed to have An Act to repeal the Acts of Parliament now in force respectbeen and to be tried by competent authority; and that the ing the Disposal of the Waste Lands of the Crown in her acting prothonotary for the time being of the Court of Com. Majesty's Australian Colonies, and to make other Provision mon Pleas at Lancaster shall continue to officiate as associate in lieu thereof.
[16th July, 1855.] in the said county palatine of Lancaster as heretofore, and shall accordingly be named in such commissions of association and
CAP. LVII. other writs and proceedings.
An Act further to amend the Laws relating to the Militia in
[16th July, 1855.] CAP. XLVI.
Sect. 1. Secretary of State may enlarge time for appoint. An Act for disafforesting the Forest of Woolmer.
ment of persons to apportion contribution between county and [16th July, 1855.] borough, and for making award.
2. Where the poor rate in the county and borough is not 14. Societies may unite with others, or one society may assessed upon a uniform principle, the proportions of contri
transfer its engagements to another. bution may be adjusted without regard to the poor rate va. 15. Minors may be elected as members. luation.
16. Buildings for the purpose may be purchased or 3. Boroughs situate in more than one county to contribute
leased. to each in proportion to the rateable value of the part within 17. Trustees, how appointed. the same.
18. Property of the society vested in them. 4. Foregoing provisions to extend to franchises.
19. Actions, &c. by or against them. 5. In the county of Lincoln storehouses to be provided by 20. Limitation of his responsibility. the gaol sessions.
21. Treasurer to give security. 6. As to expenses of Militia Acts in the county of Sussex. 22. Treasurer to account.
7. The word “borough' to include any city or town named 23. Property, how recovered if the officer die, or become in Schedules (A.) and (B.) of the 5 & 6 Will. 4, c. 76, although
bankrupt or insolvent. such should be a county of itself.
24. Punishment of fraud in withholding money, &c. 25. Rules to be made.
26. Copies to be sent to the registrar, and his certificate CAP. LVIII.9,03 159 S!!,
oblained. Actuary's certificate to be sent with An Act to better enable the Chancellor and Council of the
The copiesin case of tables of annuities. Duchy of Lancaster to sell and purchase Land on behalf of 27. Rules may be altered, amended, rescinded, or new her Majesty, her Heirs and Successors, in right of the said
rules made. Duchy of Lancaster:
(16th July, 1855.]: 1 28. When place of mecting is altered; notice to be sent Sect. 1. Chancellor and council of the duchy of Lancaster
to registrar: enabled to sell and convey land.
29. Circulating false copies of rules, &c. a misdemeanour. 2. Purchase' monies for land sold to be paid to receiver.
30. Rules, hor received in evidence. general of duchy, and invested or 'applied as herein men
31. On death of member, sum under 501. may be paid tioned.
without administration. Indemnity to trustees. 3. Power to Chancellor to contract and agree for purchase of
*1-32. Funds, horo invested.se yu), 1119 10 990 yn!; 13:6744 land, and convey the same to the use of her Majesty:
40:33. Funds may be invested with the Commissioners of 4. The 8 & 9'Vict. c. 18, incorporated.
11. the National Debt.11.04.2013 2013 5. Short title.
34. What interest old societies shall hare.
?:35. Redepositing of money reithdrawn, ac is the bed ; CAP. LIX.
36. Transfor of stock. 21*34**: Q PAYO; An Act to facilitate Inquiries of Commissioners' of Endowed 9:35 376 Power.sof attorney, &c. not liable to stamp duty. Schools in Ireland.
[23rd July, 1853.)
Limitation of exemptions to societies not assuring i l'above 2001.tr/?!!?07936 PO! Tajom2012
0 38. No member to receive more than 2001. or 301. a year An Act for excepting Gold Wedding Rings from the Opera
from my number of societies.inani 108, fu tion of the Act of the last Session relating to the Statidard
39. Trustees may subscribe to a hospital or provident of Gold and Silver Wares, and front the Exemptions con
institution...!! jfity I'Vi ved Sifa at tal de tained in other Acts relating to Gold Wares.
24. 40. As to the determination of disputes according to the [23rd July, 1953.1"
rules. 11 5!!!1111011 buvo u19 30,00
41. In what cases by the county court. :: CAP. LXI.
42. Order of county court, how enforced. An Act to authorise the Inclosure of certain Lands in pur
43. Lord Chancellor may make oriters for regulating suance of a Special Report of the Inclosure Commissioners
the proceedings in this respect. for England and Wales.,
[23rd July, 1955,]
$*$$44. In the case of societies whose rules are not certified,
-37 °* disputes between the society and its own members CAP. LXII.
- to be settled as in cases of certified societies. An Act to amend an Act of the Eighteenth Year of her Majesty," c":43. Returns to the registrar, when and how to be made. to amend the Laws for the better Prevention of the Sare of
7.46. Certain 'societies, established for granting annual Spirits by unlicensed Persons, and for the Suppression of
It!' payments 10 Hominees before the year 1950, to have illicit Distillation in Ireland. [23rd July, 1855:)
privileges of this act. ?"}13“ 1" 47. Extra contribution may be demanded of a member
3 serving in the militia. CAP. LXIII.
48. Act ito apply to societies constituted under the InAn Act to consolidate and amend the Law relating to Friendly
"dustrial and Provident Societies Act, 1852. Societies..
(23rd Jaly, 1935.) 49. Interpretation of society."
50. Extension of act. Sect. 1. Acts or parts of acts set forth in first: -schedule 191 51. Commencement of act. repealed.
Whereas it would conduce to the improvement of the law 2. Societies under former acts to continue. 3. Their rules to continue in force, and inroiments la be relating to friendly societies if the several statutes relating sent to reyistrar.
thereto were consolidated, and certain additions and alterations 4. All their contracts, and all bonds, go to them, to were made therein ? bé it therefore enacted &c, continue in forced
Sect. 1. That there shall be hereby repealed the several acts 5. Their exemptions, powers, and privileges under this' or parts of acts set forth in the first schedule hereto, save and act..
ut vil except, as to any offenees committed, or penalties or liabilities 6. Registrars, how and by whom appointed. , it so to incurred, or bond or security given, or proceedings taken 7. Their salaries.
under the same, before the commencement of this act. 8. Their expenses of office, &c.
2. Provided nevertheless, that notwithstanding the repeal of 9. Societies, how and for what purpose formed. tbr the said several statutes, every friendly society now subsisting,
payments on death. For: relief in sickness, võtc. which heretofore bad been formed and established under the For other purposes authorised by Secretary of said acts or any of them, shall still be deemed to be and shall State, 60.
continue to be a subsisting society, as fully as if this act had 10. No money to be paid on the death of a child without not been made, unless and until such society shall be dissolved
a copy of the entry of the registrar of deaths, or united with some other society, as hereinafter mentioned. 11. Benevolent societies, in what case entitled to the 3. Provided also, that the rules of every such subsisting benefits of this act.
society bitherto formed and established, which have been 12. Statutes as to unlawful' oaths not to extend to hitherto confirmed, registered, or certified under the said acts
societies under this act or any repealed acts. or any of them, shall be deemed valid and in force until the 13. Societies, how dissolved.
same shall be altered or rescinded as hereinafter mentioned ;
and all transcripts of any of such rules which are now filed not be lawful to pay any sum for the funeral expenses of such with the rolls of the sessions of the peace of any county, riding child except upon production of a copy of the entry in the reor division, city or borough, liberty or place, shall be taken off gister of deaths, signed by the registrar of the district in which the file, and shall be transmitted, on or before the 1st Novem. the child shall have died; and if such entry shall not state that ber, 1855, to the registrar under this act, to be by bim kept the cause of death has been certified by a qualified medical in such manner as shall be directed from time to time by one practitioner, or by a coroner, a certificate signed by a qualified of her Majesty's Secretaries of State in that behalf.
medical practitioner, stating the probable cause of death, shall 4. Provided also, that all contracts and engagements by or be required, and it shall not be lawful in that case to pay any with any of the said societies now valid and in force, and all sum without such certificate ; and no trustee or officer of any bonds and securities heretofore given by any trustee, treasurer, society, upon an assurance of a sum payable for the funeral or other officer of any such society, shall continue and be valid expenses of any such child, made after the passing of this act, and in force notwithstanding the repeal of the said aets. shall knowingly pay a sum which shall raise the whole amount
5. All such subsisting societies wbose rules have heretofore receivable from one or more than one society for the funeral been confirmed, registered, or certified under the said acts or expenses of a child under the age of five years to a sum exceedany of them, shall, so long as they shall not hereafter effect an ing 61., or of a child between five and ten years to a sum exassurance to any member thereof, or other person, of any sum ceeding 101. ; and any such trustee or officer who shall make exceeding 2001., or of any annuity exceeding 301. per annum, any such payment otherwise than as aforesaid, or who shall enjoy all the exemptions and privileges by this act conferred pay any sun without indorsing the amount which he shall pay on societies to be established under the provisions of this act, on the back or at the foot of the copy of entry signed by the as fully as if they had been registered and certified under this said registrar, shall be liable to a penalty not exceeding 51. act as hereinafter mentioned.
for every such offence, upon conviction thereof before two jus6. For the purposes of this act there shall be three regis- tices of the county or borough in which such death shall bave trars of friendly societies, one for England, one for Scotland, taken place; the said registrar shall be entitled to receive, and one for Ireland, who shall hold their respective offices upon delivery of such copy of entry for the purpose of reduring the pleasure of the Commissioners for the Reduction ceiving money from a friendly society, a fee of ls., and it shall of the National Debt; and upon the death, resignation, or re- not be lawful for him to deliver more than one such copy for moval of any one of them, the said commissioners shall appoint such purpose, except by the order of a justice of the peace. another, being a barrister in England of Ireland, and in Scot. 11. And whereas many provident, benevolent, and chariland an advocate, of not less than seren years standing, to the table institutions and societies are formed and may be formed said office.
for the purpose of relieving the physical wants and necessities 7. It shall be lawful for the Commissioners of her Majesty's of persons in poor circumstances, or for improving the dwellTreasury to pay to the present registrar for England a salary ings of the labouring classes, or for granting pensions, or for equal to that which has been paid to him yearly in each of the providing habitations for the members or other persons elected three last years, not exceeding 10001. per annum, and to pay by them, and it is expedient to afford protection to the funds to any registrar hereafter to be appointed for England a salary thereof : be it enacted, that if two copies of the rules of any not exceeding 8001. a year, and to pay to the registrars for such institution or society, and from time to time the like Scotland and Ireland respectively a salary such as the said copies of any alterations or amendments made in the same, commissioners shall direct, not exceeding 1501, a year, every signed by three members and the secretary thereof, shall be such salary to be paid by four equal quarterly payments; and transmitted to the registrar aforesaid, such registrar shall, if any of the said registrars who shall be appointed, on who shall he shall find that the same are not repugnant to law, give a die, resign, or be removed from his office, in the interval becertificate to that effect; and thereupon the following sections tween two quarterly days of payment, shall be entitled to a of this act, that is to say, the 17th, 18th, 19th, 20th, 21st, proportionate part of his salary, and such salaries and propor- 22nd, 40th, 41st, 42nd, and 43rd, shall extend and be applicable tionate parts of salaries shall be paid out of such monies as to the said institution and society, as fully as if the same were shall be provided by Parliament for that purposes
a society established under this act. 8. The said Commissioners of her Majesty's Treasury shall, 12. The act of the 39 Geo. 3, c. 79, and the act of the out of such monies as may be provided by Parliament for the 57 Geo. 3, c. 19, and also the act of the 14 & 15 Vict. c. 48, purpose, pay to the said registrars respectively such sum as relating to unlawful oaths in Ireland, shall not extend to any will defray the expenses allowed by the said commissioners society established under this act or any of the acts hereby from time to time for office rent, salaries of clerks, stationery, repealed, or to any meeting of the members or officers thereof computation of tables, and for such other expenses as may be in which society or, at which meeting no business whatever is incurred by them respectively.
transacted other than that which directly and immediately 9. It shall be lawful for any number of persons to form and relates to the objects of the society as declared in the rules establish a friendly society, under the provisions of this act, thereof, and set forth in the certified copy thereof: provided for the purpose of raising by voluntary subscriptions of the that the trustees or other officers of the society, when required members thereof, with or without the aid of donations, a fund under the hands of two of her Majesty's justices of the peace, for any of the following objects; that is to say
shall give full information to such justices of the nature, objects, 1. For assuring a sum of money to be paid on the birth of proceedings, and practices of such society, and in default thereof
a member's child, or on the death of a member, or for the provisions of the acts herein recited shall be in force in re
the funeral expenses of the wife or child of a member: spect of such society. 2. For the relief or maintenance of the members, their 13. It shall be lawful for the members of any society here.
husbands, wives, children, brothers or sisters, nephews, tofore formed and established, or hereafter to be formed and or nieces, in old age, sickness, or widowhood, or the established, at some meeting thereof to be specially called in endowment of members or nominees of members at that behalf, to dissolve or determine the same by consent: any age :
provided that no society established under this or any act 3. For any purpose which shall be authorised by one of her relating to friendly societies shall be dissolved or determined
Majesty's Principal Secretaries of State, or in Scotland without obtaining the votes of consent of five-sixths in value by the Lord Advocate, as' a purpose to which the of the then existing members thereof, including the honorary
powers and facilities of this act ought to be extended': members, if any, to be ascertained in manner hereinafter Provided that no member shall subscribe or contract for 'an mentioned, nor without the consent of all persons, if any, annuity exceeding 301. per annum, or a sum payable on death, then receiving or then entitled to receive any relief, anor on any other contingency, exceeding 2001.:
nuity, or other benefit from the funds thereof, to be testiAnd if such persons so intending to form and establish such fied under their hands individually and respectively, unless society shall transmit rules for the government, guidance, and the claim of every such person be first duly satisfied, or aderegulation of the same to the registrar aforesaid, and shall ob quate provision made for satisfying such claim; and for the tain his certificate that the same are in conformity with law, purpose of ascertaining the votes of such five-sixths in value as hereinafter mentioned, then the said society shall be deemed of the members as aforesaid, every member shall be entitled to to be fully formed and established from the date of the said one vote, and an additional vote for every five years that he certificate.
may have been a member, but no one member shall have more 10. In any society in which a sum of money may be assured than five votes in the whole; and the intended appropriation payable on the death of a child under ten years of age it shall I or division of the funds or other property shall be fairly and distinctly stated in the agreement for dissolution prior to such therein, without any conveyance or assignment whatever : proconsent being given ; and the agreement for such dissolution, vided nevertheless, that all money spent in purchasing, build. duly signed as aforesaid, accompanied with a statutory decla- ing, hiring, or taking upon lease any building for the purpose ration by one of the trustees, or by three members and the of holding such meetings, and in adapting and furnishing the secretary, taken before a justice of the peace, that the provi- same, be raised according to the rules of the society on such sions of this act have been complied with, shall be forthwith behalf inserted ; and this section shall apply to any society retransmitted to the registrar, to be by him deposited with the gistered under the Industrial and Provident Societies Act, rules of the society, and such agreement shall thereupon be an 1852, and to any building or land to be purchased, built, effectual discharge at law and in equity to the trustees, trea. hired, or taken on lease for the purposes of the labour, trade, surers, and other officers of such society, and shall operate as or handicraft of such society, in all respects as hereby enacted a release from all the members of the society to such trustees, with regard to any building or land for the holding the meettreasurers, and other officers ; and it shall not be lawful in any ings of any friendly society. society to direct a division or appropriation of any part of the 17. Every friendly society established under this act shall, at stock thereof, except for the purpose of carrying into effect some meeting of its members, and by a resolution of a majority the general interests and objects declared in the rules as of the members then present, nominate and appoint one or originally certified, unless the claim of every member is first more person or persons to be trustee or trustees for the said duly satisfied, or adequate provision be made for satisfying society, and the like in the case of any vacancy in the said such claims; and in case any member of such society shall be office; and a copy of the resolution so appointing such person dissatisfied with such provision, it shall be lawful for him or or persons to the office of trustee, and signed by such trustee her to apply to the judge of the county court of the district or trustees and by the secretary of the said society, shall be within which the usual place of business of the society is situ. sent to the registrar, to be by him deposited with the rules of ated for relief or other order; and the said judge shall bave the the said society in his custody: provided always, that wbere same powers to entertain such application, and to make such no trustee shall have been appointed in any society established order or direction in relation thereto as he may think the jus- under any one of the acts hereby repealed, the treasurer tice of the case may require, as hereinafter is enacted in regard thereof, or other person who has custody of the monies of such to the settlement of disputes; and in the event of the dissolu- society, shall be taken to be a trustee within the meaning of tion or determination of any society, or the division or appro. this act. priation of the funds thereof, except in the way herein before 18. All real and personal estate whatsoever belonging to any provided, any trustee or other officer or person aiding or abet- such society established under this act, or any of the acts hereby ting therein shall, on conviction thereof by two justices, be repealed, shall be vested in such trustee or trustees for the committed to the common gaol or house of correction, there time being, for the use and benefit of such society and the to be kept to hard labour for any term not exceeding three members thereof, and the real or personal estate of any branch calendar months, as to such justices shall seem meet.
of a society shall be vested in the trustees of such branch, and 14. It shall be lawful for any two or more societies esta- be under the control of such trustee or trustees, their respec. blished under this or any of the acts hereby repealed to unite tive executors or administrators, according to their respective and become incorporated in one society, with or without any claims and interest, and upon the death or removal of any such dissolution or division of the funds of such societies or either trustee or trustees the same shall vest in the succeeding trustee of them ; or a society formed and established under this act or or trustees for the same estate and interest as the former any of the said repealed acts may be allowed to transfer its trustee or trustees had therein, and subject to the same trusts, engagements to any other friendly society, if any other such without any conveyance or assignment whatsoever, save and society shall undertake to fulfil the engagements of such except in the case of stocks and securities in the public funds society, upon such terms as shall be agreed upon by the major of Great Britain and Ireland, wbich shall be transferred into part of the trustees and also of the committee of management the name or names of such new trustee or trustees; and in of both societies, or the majority of the members of each of all actions or suits or indictments, or summary proceedings such societies at a general meeting convened for the purpose. before magistrates, touching or concerning any such property,
15. A person under the age of twenty-one may be elected the same shall be stated to be the property of the person or or admitted as a member of any society established under this persons for the time being holding the said office of trustee, in act or any of the acts hereby repealed, the rules of which do his or their proper name or names, as trustees of such society not prohibit such election, and may and he is hereby em- without any further description. powered to execute all necessary instruments and to give all 19. The trustee or trustees of any such society are hereby necessary acquittances : provided always, that during his non- authorised to bring or defend, or cause to be brought or de age he shall not be competent to hold any office of director, fended, any action, suit, or prosecution in any court of law or trustee, treasurer, or manager of such society.
equity, touching or concerning the property, right, or claim to 16. It shall be lawful for the trustee or trustees for the property of the society for which he or they are such trustee time being of any friendly society formed and established under or trustees as aforesaid; and such trustee or trustees shall and this act or under any of the acts hereby repealed, with the may, in all cases concerning the real or personal property of consent of a majority of the members thereof present at a such society, sue and be sued, plead and be impleaded, in any special or general meeting of the society, to purchase, build, court of law or equity, in his or their proper name or names, hire, or take upon lease any building for the purpose of hold- as trustee or trustees of such society, without other descriping such meetings, and to adapt and furnish the same, and to tion; and no such action, suit, or prosecution shall be disconpurchase or hold upon lease any land not exceeding one acre tinued or shall abate by the death of such person, or his for the said purpose of erecting thereon a building for holding removal from the office of trustee, but the same shall and may the meetings of the society, and such trustee or trustees shall be proceeded in by or against the succeeding trustee or thereupon hold the same in trust for the use of such society; trustees as if such death or removal had not taken place; and and, with the like consent as aforesaid, such trustee or trus- such succeeding trustee or trustees shall pay or receive the like tees may mortgage, sell, exchange, or let such building, or any costs as if the action or suit or prosecution had been compart thereof; and the receipt in writing of such trustee or one menced in his or their name or names, for the benefit of, or to of such trustees for the time being shall be a legal discharge be reimbursed from the funds of, such society. for the money arising from such mortgage, sale, exchange, or 20. Provided nevertheless, that no trustee or trustees of any letting; and no mortgagee, purchaser, tenant, or assignee such society shall be liable to make good any deficiency which shall be bound to inquire into or ascertain or prove the con- may arise or happen in the funds of such society, but shall be sent aforesaid, to verify his title: provided always, that any liable only for the monies which shall be actually received by building purchased or appropriated for the purpose aforesaid | him on account of such society. already belonging to or in the possession of any friendly society 21. The treasurer of every such society, and every treasurer heretofore formed and established under the said repealed acts, hereafter appointed in any society established under any of the or any of them, may be bolden and dealt with as if it had been repealed acts, or any other officer who is required by the rules acquired under this act; and the land or buildings which may to give security, shall, before he take upon himself the execabe vested in the treasurer, trustee, or other officer thereof fortion of his office, become bound, with one sufficient surety, in the time being shall thereupon vest in the trustee or trastees a bond according to the form set forth in the third schedule to for the time being of such society, for the same estate and in this act, or give the security of a guarantee society established terest as the said treasurer, trustee, or other officer may have in London, in such penal sum as the society or the committee