« AnteriorContinuar »
of management shall direct and appoint, conditioned for his and before the money directed to be levied by such process as just and faithful execution of his said office of treasurer, and aforesaid, or which may be recovered or recoverable under for rendering a just and true account of all monies received or such diligence, is paid over to the party issuing such process paid by him on account of the said society at such times as the or using such diligence; and all such assets, lands, goods, rules of the said society shall direct and appoint, and at such chattels, property, estates, and effects shall be bound to the times as he shall be required so to do by the trustee or trustees payment, discharge, and satisfaction of such claims. of the said society, or by a majority of the said committee of 24. If any officer, member, or other person, being or repremanagement, or by a majority of the members present at any senting himself to be a member of such society, or the nominee, meeting of such society; and every such bond shall be given executor, administrator, or assignee of a member thereof, or to the trustee or trustees of the said society for the time being ; any person whatsoever, by false representation or imposition, and if the same shall at any time become forfeited, it shall be shall obtain possession of any monies, securities, books, papers, lawful for such trustee or trustees for the time being to sue or other effects of such society, or having the same in his posupon such bond for the use of such society; and in Scotland session shall withhold or misapply the same, or shall wilfully such bond shall have the same force and effect as a bond there apply any part of the same to purposes other than those exin use duly attested and completed, and containing a clause of pressed or directed in the rules of such society, or any part registration for execution, as well as for preservation in the thereof, it shall be lawful in England for any justice of the books of council and session and other judges' books compe. peace acting in the county or borough in which the place of tent, and shall be registered in such books aecordingly, with a business of such society shall be situated, upon complaint view to diligence.
090712 5. O 20 21 made by any person on behalf of such society, to summon the 22. Every such treasurer or other officer, whether appointed person against whom such complaint is made to appear at a before or after the passing of this act, at such times as by the time and place to be named in such summons; and any two rules of such society he should render such account as afore- justices present at the time and place mentioned in such sumsaid, or upon being required so to do by the trustee or trustees mons shall proceed to hear and determine the said complaint, of such society, or by, a majority of the said committee of mar in manner directed by the act passed in the 10 & 12 Vict. nagement, or by a majority of the members, present at a meet- C.43; and in Scotland every such offence may be prosecuted ing of the said society as aforesaid, within seven days after such by summary complaint at the instance of the procurator fiscal requisition shall render to the trustee or trustees of the society, of the county, or of the society with his concurrence, before or to the said committee of management, or to the members of the sheriff, and if the said justices or sheriffs respectively sball such society at a meeting of the society, a just and true account determine the said complaint to be proved against such person, of all monies received and paid by him since he last rendered they shall adjudge and order him to deliver up all such monies, the like account, and of the balance then remaining in his securities, books, papers, or other effects to the society, or to bands, and of all bonds or securities of such society, which repay the amount of money applied improperly, and to pay, account the said trustee or trustees or committee of manage if they think fit, a further sum of money not exceeding 201., ment shall cause to be audited by some fit and proper person together with costs not exceeding 208., and in default of such or persons by them to be appointed, and such treasurer, if delivery of effects, or repayment of such amount of money, or thereunto required, upon the said account being andited, shall payment of such penalty and costs aforesaid, the said justices forthwith hand over to the said trustee or trustees the balance or sheriffs may order the said person so convicted to be impriwhich on such audit shall appear to be due from him, and shall soned in the common gaol or house of correction, with or also, if required, hand over to such trustee or trustees all without hard labour, for any time not exceeding three months: securities and effects, books, papers, and property of the said provided that nothing herein contained shall prevent the said society in his hands or custody; and if he fail to do so, the society, or in Scotland her Majesty's advocate, from proceeding trustee or trustees of the said society may sue apon the bond by indictment against the said party, provided also, that no aforesaid, or may sue such treasurer in the county court of the person shall be proceeded against by indictment if a conviction, district, or in any of the superior courts of common law, or in shall have been previously obtained for the same offence under any other court having jurisdiction, for the balance appearing the provisions of this act. to have been due from him upon the account last rendered by 25. Before any friendly society shall be established under him, and for all the monies since received by him on account this act, the persons intending to establish the same shall agree of the said society, and for the securities and effects, books, upon and frame a set of rules for the regulation, government, papers, and property in his hands or custody, leaving him to and management of such society; and in such rules they may, set off in such action the sums, if any, which he may have since amongst other things, make provision for appointing a general paid on account of the said society.; and in such action the committee of management of such society, and delegating to said trustee or trustees shall be entitled to recover their full such committee all or any of the powers given by this act to costs of suit, to be taxed as between attorney and client. the members of friendly societies formed or established under
23. If any person already appointed or employed, or here- or by virtue of the sames and such rules shall set forth, after to be appointed or employed, to or in any office in any 1. The name of the society and place of meeting for the friendly society established under this act, or any of the acts- business of the society a hereby repealed, whether such appointment or employment 2. The whole of the objects for which the society is to be was before or after the legal establishment of such society, and .::established, the purposes for which the funds thereof having in his hands or possession, by virtue of his office, any . shall be applicable, and the conditions under which any monies or property whatsoever of such society, or any deeds or it!!, member, may become entitled to any benefit assured securities belonging to such society, shall die, or become bank, thereby, and the fines and forfeitures to be imposed on rupt or insolvent, or have any execution or attachment or other any member of such society: process issued against him or any part of his property, or shall 3. The manner of making, altering, amending, and rescindhave any action or diligence raised against his lands, goods, ing rules:
*** chattels, or effects, or property, or other estate, heritable or 4. A provision for the appointment and removal of a general moveable, or sball make any assignment, disposition, assigna- (committee of management, of a trustee or trustees, tion, or other conveyance for the benefit of his creditors, the : treasurer, and other officers : heirs, executors, administrators, of assignees, of every such 5. A-provision for the investment of the funds, and for an officer, and every other person having or claiming right to the annual or periodical audit of accounts: property of such officer, and the sheriff or other person exe, i6. The manner in which disputes between the society and cuting such process, and the party using such action or dili- 1.3 any of its members, or any person claiming by or gence respectively, shall, upon demand in writing made by the through any member for under the rules, shall be treasurer or by the trustee or any two of the trustees of such settled :riory pot 15294,0TR , 1"1413114) Tips and society, or any person appointed at some meeting of the society And the rules of every such society shall provide that all monies to make such demand, deliver and pay over all such monies, received or paid on account of each and every particular fund or property, deeds, and securities belonging to such society to benefit assured to the members thereof, their husbands, wives, such person as such treasurer or trustees shall appoint, and children, fathers, mothers, brothers or sisters, nephews or shall pay, out of the estate, assets, or effects, heritable or nieces, for which a separate table of contributions payable moveable, of such officer, all sums of money due which such shall have been adopted, shall be entered in a separate account, officer shall have received, before any other of his debts are distinct from the monies received and paid on account of any paid, and before any other claims upon him shall be satisfied, other benefit or fund, and also that a contribution shall be
made to defray the necessary expenses of management, and tified, every person so offending shall be deemed guilty of a a separate account shall be kept of such contributions and misdemeanour. expenses.
30. All rules and tables of any society established under 26. Two printed or written copies of such rules, signed by this act, or any of the said repeated acts, and all alterations three of the intended members and the secretary or other officer, and amendments thereof, and all copies thereof or extracts shall be transmitted to the registrar aforesaid, and the said therefrom, and all writings and documents relating to a friendly registrar shall advise with the secretary or other officer, if society, and purporting to be signed by the registrar, shall, in required, for the purpose of ascertaining whether the said rules the'absence of any evidence to the contrary, be received in all are calculated to carry into effect the intentions and object of courts of law and equity, and elsewhere, without proof of the the persons who desire to form such society ; and if the registrar signature thereto. ito its
Hall. shall find that such rules are in conformity with law and with| 31. When, on the death of any member of a society esta. the provisions of this act, he shall give a certificate in the form blished under this act or any of the said repeated acts, a sum of set forth in the second schedule to this act, and shall return money not exceeding 501. sball become payable, the same shall one of the said copies to the said 'society, and shall keep the j be paid by the trustees of such society to the person directed other in such manner as shall from time to time be directed by the rules thereof, or nominated by the deceased in writing by one of her Majesty's Principal Secretaries of State, and for deposited with the secretary, (such person being the husband, which certificate no fee shall be payable to the said registrar; | wife, father, mother, child, brother or sister, nephew or niece and all rules, when so certified as aforesaid, shall be binding of such member); and in case there shall be no such direction or on the several members of the said society': provided always, nomination, or the person so nominated shall have died before that it shall not be lawful for the said registrar to grant any the deceased member, or in case the member shall have revoked such certificate to a society assaring to any member thereof a such nomination, then such sunt shall be paid to the person certain annuity or certain superannuation, deferred or imme. who shall appear to the said trustees to be entitled, under the diate, unless the tables of contributions payable for such kind Statute of Distributions, to teceive the same, without taking out of assurance shall have been certified under the hand of the letters of administration in England or Ireland, and without actuary to the Commissioners for the Reduction of the National confirmation in Scotland : provided, that wherever the trustee Debt; or bý'an actuary of some life assurance company esta or trustees
of any such society, after the decease of any
member blished in London, Edinburgh, or Dublin, who shall have thereof, shall bave paid and divided any such sum of money to exercised the profession of actuary for at least five years, and or amongst any person or persons who shall at the time of such such certificate be transmitted to the registrar, together with payment appear to such trustee or trustees to be entitled to the the copies of the rules aforesaid."
effects of any deceased member who has died intestate, without 27. After the rules of a friendly society shall have been so baving appointed any nominee as aforesaid, the payment of certified by the registrar as aforesaid, it shall be lawfal for 'such any such sum'shall be valid and effectual with respect to any society, by resolution at a meeting specially called for that demand from any other person or persons as next of kin of such purpose, to alter, amend, or rescind the same or any of them, deceased member, or as the lawful representative or represenor to make new rules; and it shall be lawful for any friendly tatives of such meinber, against the funds of such society or society, formed and established under any of the acts hereby against the trustees thereof; but nevertheless such next of kin repealed, to alter, amend, or rescind the rules by which their or representative shall have his or her lawful remedy for such society is governed, regulated, or managed, or to make new money 80 paid as aforesaid against the person or persons who rules : provided always, that two copies of the proposed alte shall have received the same.
7,1 rations or amendments, and of such new rules, signed by three 32. The trustee or' trustees of every friendly society estamembers of such society and the secretary or other officer, 'blished under this act or any of the said repealed acts shall from shall be transmitted to the said registrar, to one of which shall time to time, with the consent of the committee of managebe attached a declaration by the secretary or one of the officers ment of such society, or of a majority of the members of such of such society, that in making the same the rules of such society present at a general or special meeting thereof, or in society respecting the making, altering, amending, and re- accordance with the rules of such society, invest the funds of scinding rules, or the directions of the act under which such such society, or any part thereof, to any amount in any savings society was established, have been dały complied with ; and if bank, or in the public funds, or with the Commissioners for the the said registrar shall find that such alterations, amendments, Reduction of the National Debt, as hereinafter mentioned, or in or new rules are in conformity with law, he shall give to the such other security as the rule of such society may direct, not society a certificate in the form set forth in the schedule to being the purchase of house or land, (save and except the purthis act, and return one of the copies to the society, and shall chase of buildings wherein to hold the meetings or transact the keep the other, with the rules of such society, in his custody, business of such society, as hereinbefore mentioned), and not and for which certificate no fee shall be parable to the said being the purchase of shares in any joint-stock company or registrar, and as against such member or person' such certifin other company with or without charter of incorporation, and cate shall be conclusive of the validity' thereof; and all rules, not being personal security, except in the case of a member of alterations, and amendments, when so certified as aforesaid, one full year's standing at least, and in respect of a sum not shall be binding on the several members of the said society, exceeding one-half the amount of his assurance on life, such and all persons claiming on account of a member or under the member providing the written security of himself and two satissaid rules; but unless and until the same shall be so certified factory sureties for repayment, and in case of such member's as aforesaid, such rules, alterations, and amendments shall have death before repayment, the amount of such advance, with inno force or validity whatsoever.
terest, may be deducted from the sum sa assured, without 28. Whenever any friendly society 'established under this prejudice in the meantime to the operation of such security. act, or under any of the acts hereby repealed, shall change its 33. Every friendly society established under this act which place of business, notice of such change, under the bands of does not assure the payment in any event of a sum exceeding two of the trustees, or three members and secretary or other 2001., or an arinuity exceeding 30l. per annum, may pay any officer, sball, within fourteen days thereafter, be sent to the sum of money not less than 50l. into the Bank of England or said registrar.
Ireland, to the account of the Commissioners for the Reduc29. If any person shall give to any member of a friendly tion of the National Debt, upon the declaration of the trustee society established under this act, or under any of the said 'or of the trustees, or any two or more of them, that such repealed acts, or to any person intending or applying to become monies belong exclusively to the said society; and the cashier a member of such society, a copy of any rules, or of any alte of the Bank of England is hereby required to receive all such rations or amendments of the same, 'other than those respec. monies, and to place the same to the account raised in the name tively which have been inrolled with any clerk of the peace or of the said commissioners in the book of the Bank, named certified by the registrar, with a copy of his certificate appended “The Fund for Friendly Societies;" and if such declaration thereto, under colour that the same are binding upon the shall not be true, then and in every such case the sum of money members of such society, or shall make any alterations in or so paid in on such declaration shall be forfeited to the said addition to any of the rules or tables of such society after they commissioners, and shall be applied by them in the manner shall have been respectively inrolled or certified by the regis- directed by any act or acts for the time being in force relating trar, and shall circulate the same, purporting that they have to savings banks
with respect to the account of such banks ; been duly inrolled or certified under tbis or any of the said and the regulation of receipts, certificates, or orders concernrepealed acts, when they have not been so duly inrolled or cer. ing savings banks shall be deemed applicable to movies paid in
as aforesaid under the authority of this act, as if the same had surer or any officer thereof, nor any draft or order, nor any been herein repeated ; and every such society, on paying money form of policy, nor any appointment of any agent, nor any directly into the Bank as aforesaid, shall be entitled to receive certificate or other instrument for the revocation of any such receipts bearing interest at the rate of 2d. per centum per diem: appointment, nor any other document whatever required or provided, that every society which shall deposit any part of its authorised by or in pursuance of this act or the rules of any funds in any savings bank, or with the Commissioners for the society, shall be liable to stamp duty: provided, that no Reduction of the National Debt, shall furnish to the said com- exemption from any of the duties granted by any act or acts missioners from time to time such accounts as they may require relating to stamp duties shall be deemed to extend to any soin reference to the funds so deposited.
ciety which shall assure the payment of money exceeding 2001., 34. Every society already established under any of the acts or wbich shall assure the payment of any money on the death of hereby repealed, which shall have heretofore invested any part a member to any person except the executors, administrators, of its funds with the Commissioners for the Reduction of the or assigns of such member, or the husband, wife, father, moNational Debt, shall be entitled to pay into the Bank of England ther, child, brother, sister, nephew, or niece of such member. or Ireland, in sums of not less than 501., money received from 38. If any person shall become a member of more than one members on account of assurances made before the passing of society, whereby certain benefits shall accrue on account of the this act, and to receive receipts for the same bearing interest same kind of assurance from more than one society, it shall at such rate or rates as such society has hitherto been entitled not be lawful for him, or for any person entitled through or to receive on account of such assurances; that is to say, for under him, or by reason of his membership, or for any number money invested with the commissioners by any society legally of such persons in the aggregate, to receive more than 2001., or, established before the 28th July, 1828, on account of any in the case of annuities, 301. a year, from such societies colassurance made before the 15th August, 1850, 3d. per centum lectively; and in any case where a person shall so as aforesaid per diem; and on account of any assurance effected after that be a member of more than one society, and he, or any other day, 2d. per centum per diem ; and for money invested with person or persons, shall be entitled to any benefit in gross or the commissioners by any society established between the by way of annuity from any such society, he, or (as the circum28th July, 1828, and the 15th August, 1850, on account of stances may require) every such other person, shall, before he. assurances made before the 15th August, 1850, 25d. per cen. shall receive any such benefit from any of such societies, make tum per diem; and on account of any assurance effected after and sign a declaration that the total value of all benefits accruthat day, 2d. per centum per diem; and for money invested ing or which shall have accrued in respect of any one kind of with the commissioners by any society established since the assurance does not exceed the value of 2001., or, in the case of 15th July, 1850, the sum of 2d. per centum per diem: pro- annuities, 301. a year; and it shall be lawful for any society to vided, that the trustees of every society which shall have require any member or any other person who shall be entitled invested or shall invest any part of its funds with the said to any such benefit, before he shall receive the same, to make commissioners shall furnish from time to time such accounts and sign a declaration to the same effect, or that such member and returns as the said commissioners shall require, and shall was not when the benefit accrued a member of any other assatisfy the said commissioners that they are legally entitled to sociation; and if any person shall knowingly make any false or receive such interest as aforesaid, and to make such further fraudulent declaration in any such case he shall be guilty of investment.
misdemeanour. 35. Where any friendly society shall withdraw money in- 39. The trustees of any friendly society may, out of the Fested by them with the Commissioners for the Reduction of funds thereof, subscribe to any hospital, infirmary, charitable the National Debt, such society shall not be entitled to make or other provident institution, such annual or other sum as any further deposit with the said commissioners without the may be agreed upon by the committee of management, or by a consent of the said commissioners, or of the comptroller- majority of the members at a meeting called for that purpose, general or assistant comptroller under them.
in consideration of any member of such society, his wife, child, 36. Whenever it shall happen that any person, being or or other person nominated, being eligible to receive the benehaving been a trustee of any society established under this act, fits of such hospital or other institution, according to the rules or any act hereby repealed, and whether he shall have been thereof. appointed before or after the legal establishment thereof, in 40. Every dispute between any member or members of any whose name any part of the several stocks, annuities, and society established under this act or any of the acts hereby funds belonging to any such society, transferable at the Bank repealed, or any person claiming through or under a member, of England or Ireland, or in the books of the Governor and or under the rules of such society, and the trustee, treasurer, Company of the Bank of England or Ireland, or in any savings or other officer, or the committee thereof, shall be decided in bank, is or shall be standing, shall be out of England or Ire- manner directed by the rules of such society, and the decision land or Scotland respectively, or shall have been removed from so made shall be binding and conclusive on all parties, without his office of trustee, or shall be a bankrupt, insolvent, or appeal: provided, that where the rules of any society established lunatic, or it shall be unknown whether such trustee is living under any of the acts hereby repealed shall have directed disor dead, it shall be lawful for the registrar, after receiving an putes to be referred to justices, such disputes shall, from and application in writing from the secretary of the society and after the 1st August, 1855, be referred to and decided by the three members thereof, and upon proof satisfactory to such county court, as hereinafter mentioned. registrar, to direct the Accountant-General or other proper 41. In all friendly societies establisbed under this act or any officer for the time being of the said Governor and Company of the said repealed acts, all applications for the removal of of the Bank of England or Ireland, or of any savings bank, to any trustee, or for any other relief, order, or direction, or for transfer in the books of the said company or of the said savings the settlement of disputes that may arise or may have arisen bank such stocks, annuities, or funds, standing as aforesaid, in any society the rules of which do not prescribe any other into the name of the trustee who shall be newly appointed, and mode of settling such disputes, or to enforce the decision of to pay to him from time to time the dividends thereof; and if any arbitrators, or to hear or determine any dispute if no one of two or more such trustees shall die, or be removed from arbitrator shall have been appointed, or if no decision shall be his office of trustee, or become bankrupt or insolvent, it shall made by the said arbitrators within forty days after application be lawful for the registrar, on the like application, to direct has been made by the member or person claiming through or that the other or others of the trustees shall transfer such under a member, or under the rules of the society, shall be stock, annuities, or funds into the name of such person as made to the county court of the district within which the usual may have been appointed in his stead, jointly with the con- or principal place of business of the society shall be situate ; tinuing trustee or trustees.
and such court shall, upon the application of any person in37. No copy of rules, nor power, warrant, or letter of attor- terested in the matter, entertain such application, and give ney granted by any person as trustee of any society established such relief, and make such orders and directions in relation to under this act, or any of the acts hereby repealed, for the the matter of such application, as hereinafter mentioned, or as transfer of any share in the public funds standing in the name may now be given or made by the Court of Chancery in respect of such trustee, nor any order or receipt for money contri- either of its ordinary or its special or statutory jurisdiction ; buted to or received from the funds of any such society by and the decision of such county court upon and in relation to any person liable or entitled to pay or receive the same by such application as aforesaid shall not be subject to any apvirtue of the rules thereof or of this act, nor any bond to be peal : provided always, that in Scotland the sheriff within his given to or on account of any such society, or by the trea- 1 county, and in Ireland the assistant barrister within his district, shall have the same jurisdiction as is hereby given to the standing that the contingent annual payments to which the judge of a county court.
nominees of the present or future members of such associations 42. In all cases where the order of such county court shall or societies may become entitled shall exceed in the aggregate be for the payment of money, the same may be enforced in the the sum of 301. same manner as the ordinary judgments of such court are en. 47. In any case where the rules of any society already forced; but where the order of the said court shall be for the inrolled or certified have provided that a member shall be doing of some act, not being for the payment of money, it deprived of any benefit by reason of his inrolment or service shall be lawful for the judge of such county court in his said in the militia, it shall be lawful for the trustees of such society order to order the party to do such act, or that in default of to require of any member a contribution exceeding the rate of his doing it he shall pay a certain sum of money; and in case contribution hitherto payable by such member, to an amount he refuse or neglect to do the act required, upon demand in not exceeding one-tenth of such rate, during the time such that behalf, the sum of money or penalty in the said order member shall be serving out of the United Kingdom, or to may then be recovered in the same manner as a judgment for suspend all claim of such member to any benefits of such debt or damages in such court; and it shall not be lawful to society, and all claim of the society to any contributions payable remove the same by certiorari or other writ or process to any by such member, during the time he may be serving in the superior court of record.
militia out of the United Kingdom, provided that such suspen43. Provided, however, that the Lord Chancellor may make sion shall cease so soon as the said member shall return to the such orders for regulating the proceedings by and before the United Kingdom, and he shall thereupon be replaced on the judges of county courts under this act as he may think fit; same footing as before he went abroad with the regiment to and in Scotland the Court of Session shall have the like power which he belongs. by act of sederunt as regards proceedings before sheriffs under 48. All the provisions of this act shall apply to all societies this act; and, subject to such orders and acts of sederunt re constituted under the Industrial and Provident Societies Act, spectively, such judges and sheriffs may regulate the proceed - 1852, in the same manner as the laws in force relating to ings before them respectively so as to render them as summary friendly societies at the date of the passing of the said Indusand inexpensive as conveniently may be.
trial and Provident Societies Act, 1852, are by the said last44. In the case of any friendly society established for any mentioned act directed to apply to societies constituted there. of the purposes mentioned in sect. 9 of this act, or for any under ; and the limitation herein before contained of the amount purpose which is not illegal, having written or printed rules, of annuities and sums payable on the death of any person, or whose rules have not been certified by the registrar, provided on any other contingency, in the case of societies established a copy of such rules shall bave been deposited with the regis- under this act, shall apply to all societies constituted under the trar, every dispute between any member or members of such said Industrial and Provident Societies Act, 1852. society, and the trustees, treasurer, or other officer, or the 49. The word “society'' shall extend to and include every committee of such society, shall be decided in manner herein. branch of a society, by whatever name it may be designated. before provided with respect to disputes, and the decision 50. This act shall extend to Great Britain and Ireland, and thereof, in the case of societies to be established under this act, the Channel Isles, and the Isle of Man. and the sections in this act provided for such decision, and 51. This act shall commence and take effect from the 1st also the section in this act which enacts a punishment in case August, 1855. of fraud or imposition by an officer, member, or person, shall be applicable to such uncertified societies : provided always, SCHEDULES REFERRED TO BY THE FOREGOING that nothing herein contained shall be construed to confer on
АСТ. any such society whose rules shall not have been certified by
First SCHEDULE. the registrar, or any of the members or officers of such society, any of the powers, exemptions, or facilities of this act, save
Acts and Parts of Acts to be repealed. and except as in and by this section is expressly provided. 33 Geo. 3, c. 54.-An Act for the Encouragement and
45. The trustees of friendly societies established under this Relief of Friendly Societies. The whole act. act or under any of the repealed acts, or the officer thereof ap- 35 Geo. 3, c. 11l.-An Act for more effectually carrying pointed to prepare returns, shall once in every year, in the into Execution an Act made in the Thirty-third Year of the months of January, February, or March, transmit to the re- Reign of his present Majesty, intituled " An Act for the Engistrar a general statement of the funds and effects of such couragement and Relief of Friendly Societies," and for ex. society during the past twelve months, or a copy of the last tending so much of the Powers thereof as relates to the annual report of such society, and shall also within three framing Rules and Regulations for the better Management of months after the expiration of the month of December, 1855, the Funds of such Societies, and the Appointment of Treaand go again within three months after the expiration of every surers to other Institutions of a charitable Nature. The whole five years succeeding, transmit to the said registrar a return of act. the rate or amount of sickness and mortality experienced by 36 Geo. 3, c. 68, (Irish).-An Act for the Encouragement such society within the preceding five years, in such form as and Relief of Friendly Societies. The whole act. shall be prepared by the said registrar, and an abstract of the 43 Geo. 3, c. 111.-An Act for enabling Friendly Societies same shall be laid before Parliament; and the registrar shall intended to be established under an Act passed in the Thirtyalso lay before Parliament every year a report of his proceed third Year of the Reign of his present Majesty to rectify ings in his office of registrar, and of the principal matters Mistakes made in the Registry of their Rules. The whole act. transacted by friendly societies which have come under his 49 Geo. 3, c. 58.-An Act to explain and render more cognisance during the past year.
effectual an Act passed in the Parliament of Ireland in the 46. And whereas under the provisions of the acts hereby Thirty-sixth Year of his present Majesty's Reign, for the En. repealed, or some of them, certain associations or societies couragement and Relief of Friendly Societies. The whole act. have been formed in England and Ireland for the provident 49 Geo. 3, c. 125.-An Act to amend an Act made in the and charitable purpose of securing annual payments to the no- Thirty-third Year of his present Majesty for the Encourageminees of the members thereof, contingent npon the death of ment and Relief of Friendly Societies. The whole act. such members, and have invested their funds in the manner 59 Geo. 3, c. 128.–An Act for the further Protection and provided by such acts, and doubts may arise whether such Encouragement of Friendly Societies, and for preventing associations or societies will be entitled to the exemptions and Frauds and Abuses therein.---The whole act. privileges by this act conferred in the event of such annual 6 Geo. 4, c. 74.-An Act for consolidating and amending payments amounting in the aggregate to more than 301. ; and the Laws relating to Conveyances and Transfers of Estates and it is expedient to remove such doubts, and to give protection Funds vested in Trustees who are Infants, Idiots, Lunatics, or to such associations or societies, and to the funds thereof : be | Trustees of unsound Mind, or who cannot be compelled or it therefore enacted, that notwithstanding anything in this act refuse to act; and also the Laws relating to Stocks and Secucontained to the contrary, all such associations or societies as rities belonging to Infants, Idiots, Lunatics, and Persons of were founded and subsisting under the provisions of the said unsound Mind.-So much of sect. 11 as relates to friendly acts previously to the 15th August, 1850, shall enjoy the societies. exemptions and privileges by this act conferred on societies to 10 Geo. 4, c. 56.- An Act to consolidate and amend the be established under the provisions of this act as fully as if they Laws relating to Friendly Societies. The whole act. had been registered and certified under this act, and notwith- 2 Will. 4, c. 37.-An Act to amend an Act of the Tenth
Year of his late Majesty King George IV, by extending
CAP. LXV. the Time within which pre-existing Societies must conform to An Act to amend the Dublin Carriage Acts. the Provisions of that Act.--The whole act.
[23rd July, 1855.] 4 & 5 Will. 4, c. 40.-An Act to amend an Act of the Tenth Year of his late Majesty King George IV, to consolidate and
CAP. LXVI. amend the Laws relating to Friendly Societies.--The whole act.' An Act to render valid certain Marriages in Christ Church, 3 & 4 Vict. c. 73.
An Act to explain and amend the Acts in the Chapelry, of Todmorden and Parish of Rochdale, relating to Friendly Societies. The whole act.
in the Counties of Lancaster and York. 9 & 10 Viet. c. 27.-An Act to amend the Laws relating to Friendly Societies.-The whole act.
[23rd July, 1855.] 13 & 14 Vict. c. 115.-An Act to consolidate and amend
CAP. LXVII. the Laws relating to Friendly Societies.--The whole act. An Act to facilitate the Remedies on Bills of Exchange and
15 & 16 Vict. c. 65.-An Act to continue and amend the Promissory Notes by the Prevention of frivolous or fictitious Act passed in the Fourteenth Year of the Reign of her present Defences to Actions thereon. [23rd July, 1855.] Majesty, to consolidate and amend the Laws relating to Friendly Sect. 1. Prom the 24th October, 1855, all actions upon bills Societies. The whole act. 16 & 17 Vict. c. 123.-An Act to amend the Laws relating
of exchange, &c. may be by writ of summons, as
form in Schedule (A.) Plaintif, on filing affidato the Investments of Friendly Societies. The whole act:
vit of personal service, may at once sign final 17 & 18 Vict. c. 50.-An Act to continue an Act the Twelfth Year of her present Majesty, for amending the Laws
judgment, as form in Schedule (B.)
2. Defendant shewing a defence upon lhe merits to have relating to Savings Banks in Ireland, and to agthorise Friendly
leave to appear. Societies to invest the whole of their Funds in Savings Banks.
3. Judge may, under special circumstances, set aside - Sect. 2. 17 & 18 Vict. c. 101.--An Act to continue and amend the
4. Judge may order bill to be deposited with officer of Acts now in force relating to Friendly Societies. The whole act.
court in certain cases. SECOND SCHEDULE.
5. Remedy for the recovery of expenses of noting nonForm of Registrar': Certificate to Rules of Friendly Societies.
acceptance of dishonoured bill.
6. Holder of bill of exchange may issue one summons I hereby certify that the foregoing rules (or “ the alterations
against all or any of the parties to the bill. or amendments of the rules''] of the society, at, in the
7. Common-law Procedure Acts and rules incorporated county of —, are in conformity with law, (and in the case of
with this act. a new society), and that the society is duly established from
8. Act to apply to Courts of Common Pleas, Lancaster the present date, and is subject to the provisions and entitled
and Durham. to the privileges of the acts relating to friendly societies.
9. Her Majesty may direct act to apply to courts of The rates of contributions and payments are stated to have
record in England and Wales. been prepared by A. B., actuary of , [or, as the case may
10. Extent of act. be, "are not stated to have been prepared by any actuary.”']
11. Short title. THIRD SCHEDULE.
Whereas bonâ fide holders of dishonoured bills of exchange Form of Bond.
and promissory notes are often unjustly delayed and put to Know all men by these presents, that we, A. B., of unnecessary expense in recovering the amount thereof by reatreasurer, &c. [as the case may be] of the society, esta- son of frivolous or fictitious defences to actions thereon, and blished at in the county of and C.D., of it is expedient that greater facilities than now exist should be (as surety on behalf of the said A. B.), are jointly and seve- given for the recovery of money due on such bills and notes : rally held and firmly bound to A. B., of, C.D., of - be it enacted &c. as follows:and E. F., of, the trustees of the said society, in the sum Sect. 1. From and after the 24th October, 1855, all actions
to be paid to the said A. B., C.D., and E. F. as upon bills of exchange or promissory notes commenced within such trustees, or their successors, trustees for the time being, six months after the same shall have become due and payable or their certain attorney, for which payment well and truly to may be by writ of summons in the special form contained in be made we jointly and severally bind ourselves, and each of Schedule (4.) to this act annexed, and indorsed as therein us by himself, our and each of our heirs, executors, and admi. mentioned ; and it shall be lawful for the plaintiff, on filing an nistrators, firmly by these presents, sealed with our seals. affidavit of personal service of such writ within the jurisdiction Dated the day of, in the year of our Lord 18; of the court, or an order for leave to proceed, as provided by
Whereas the above-bounden A. B. hath been duly appointed the Common-law Procedure Act, 1852, and a copy of the writ treasurer, &c. [as the case may be] of the society, esta- of summons and the indorsements thereon, in case the defendblished às aforesaid, and he, together with the above-bounden ant shall not have obtained leave to appear and have appeared C. D. as his surety, have entered into the above-written bond, to such writ according to the exigency thereof, at once to sign subject to the condition hereinafter contained : now, therefore, final judgment in the form contained in Schedule (B.) to this the condition of the above-written bond is such, that if the said act annexed, (on which judgment no proceeding in error shall A. B. shall and do justly and faithfully execute his office of lie), for any sum not exceeding the sum indorsed on the writ, treasurer, &c. [as the case may be) of the said society ésta- together with interest, at the rate specified, (if any), to the blished as aforesaid, and shall and do render a just and true date of the judgment, and a sum for costs to be fixed by the account of all monies received and paid by him, and shall and Masters of the superior courts, or any three of them, subject do pay over all the moniés remaining in his hands, and assign to the approval of the judges thereof, or any eight of them, (of and transfer or deliver all securities and effects, books, papers, whom the Lord Chief Justices and the Lord Chief Baron shall and property, of or belonging to the said society, in his hands or be three), unless the plaintiff claim more than such fixed sum, custody, to such person or persons as the said society shall ap- in which case the costs shall be taxed in the ordinary way, and point, according to the rules of the said society, together with the plaintiff may upon such judgment issue execution forththe proper or legal receipts or vouchers for such payments, and with. likewise shall and do in all respects well and truly and faith- 2. A judge of any of the said courts shall, upon applicafully perform and fulfil his office of treasurer, &c. ( as the case tion within the period of twelve days from such service, give may be] to the said society according to the rules thereof, then leave to appear to such writ and to defend the action, on the the above-written bond shall be void and of no effect; other defendant paying into court the sum indorsed on the writ, or wise shall be and remain in full force and virtue.
upon affidavits satisfactory to the judge, which disclose a legal
or equitable defence, or such facts as would make it incumbent CAP. LXIV.
on the holder to prove consideration, or such other facts as the An Act to settle Annuities on Emily Harriet Lady Raglan and judge may deem sufficient to support the application, and on
Richard Henry Fitzroy Lord Raglan, and the next sur such terms as to security or otherwise as to the judge may viving Heir Male of his Body, in Consideration of the emi.
seem fit. nent Services of the late Field Marshal Lord Raglan.
3. After judgment the court or a judge may, under special [23rd July, 1855.] circumstances, set aside the judgment, and, if necessary, stay