and such succeeding treasurer or trustee shall pay or receive like costs as if the action or suit had been commenced in his or her name, for the benefit of or to be reimbursed from the funds of such society.

22. And be it further enacted, that the treasurer or trustee, or any Limitation of other officer of any society established under the authority of this act, of treasurers responsibility shall not be liable to make good any deficiency which may arise in the or trustees. funds of such society, unless such persons shall have respectively declared by writing under their hands, deposited and registered in like manner with the rules of such society, that they are willing so to be answerable; and it shall be lawful for each of such persons, or for such persons collectively, to limit his, her, or their responsibility to such sum as shall be specified in any such instrument or writing: provided always, that Treasurer, the said treasurer, trustee, and every other the officer of any such society, shall be and they are hereby declared to be personally respon- ally received sible and liable for all monies actually received by him, her, or them on account of or to and for the use of the said society.

&c. liable fo

money actu

persons ap

declared va

23. And be it further enacted, that whenever the trustees of any Payment to society established under this Act, at any time after the decease of any pearing to be member, have paid and divided any sum of money to or amongst any next of kin person or persons who shall at the time of such payment appear to lid. such trustees to be entitled to the effects of any deceased intestate member, the payment of any such sum or sums of money shall be valid and effectual with respect to any demand of any other person or persons as next of kin of such deceased intestate member, or as the lawful representative or representatives of such member, against the funds of such society, or against the trustees thereof; but nevertheless such next of kin for representatives shall have remedy for such money so paid as aforesaid against the person or persons who shall have received the same.

of sums not exceeding 201. where

members die intestate.

24. And be it further enacted, that in case any member of any For payment society shall die, who shall be entitled to any sum not exceeding 201., it shall be lawful for the trustees or treasurer of such society, and they are hereby authorized and permitted, if such trustees or treasurer shall be satisfied that no will was made and left by such deceased member, and that no letters of administration or confirmation will be taken out of the funds, goods, and chattels of such depositor, to pay the same at any time after the decease of such member according to the rules and regulations of the said institution, and in the event of there being no rules and regulations made in that behalf, then the said trustees or treasurer are hereby authorized and permitted to pay and divide the same to and amongst the person or persons entitled to the effects of the deceased intestate, and that without administration in England or Ireland, and without confirmation in Scotland.

hear cases of

fine or im

25. And be it further enacted, that for the more effectually preventing Justices may fraud and imposition on the funds of such societies, if any officer, mem- fraud, and ber, or any other person being or representing himself or herself to be a punish by member of such society, or the nominee, executor, administrator, or prisonment. assignee of any member of such society, or any other person whatever, shall, in or by any false representation or imposition fraudulently obtain possession of the monies of such society, or any part thereof, or, having in his or her possession any sum of money belonging to such society,

shall fraudulently withhold the same, and for which offence no especial provision is made in the rules of such society, it shall be lawful for any one justice of the peace residing within the county within which such society shall be held, upon complaint made on oath or affirmation by an officer of such society appointed for that purpose, to summon such person against whom such complaint shall be made to appear at a time and place to be named in such summons; and upon his or her appearance, or, in default thereof, upon due proof, upon oath or affirmation, of the service of such summons, it shall and may be lawful for any two justices residing within the county aforesaid to hear and determine the said complaint according to the rules of the said society, confirmed as directed by this act; and, upon due proof of such fraud, the said justices shall convict the said party, and award double the amount of the money so fraudulently obtained or withheld to be paid to the treasurer, to be applied by him to the purposes of the society so proved to have been imposed upon and defrauded, together with such costs as shall be awarded by the said justices, not exceeding the sum of 10s. ; and in case such person against whom such complaint shall be made shall not pay the sum of money so awarded to the person and at the time specified in the said order, such justices are hereby required, by warrant under their hands and seals, to cause the same to be levied by distress and sale of the goods of such person on whom such order shall have been made, or by other legal proceeding, together with such costs as shall be awarded by the said justices, not exceeding the sum of 10s., and also the costs and charges attending such distress and sale or other legal proceeding, returning the overplus (if any) to the owner; and, in default of such distress being found, the said justices of the peace shall commit such person so proved to have offended to the common gaol or house of correction, there to be kept to hard labour for such a period, not exceeding three calendar months, as to them shall seem fit: provided nevertheless, that nothing herein contained shall prevent the said society from proceeding by indictment or complaint against the party complained of; and provided also, that no party shall be proceeded against by indictment or complaint, if a previous conviction has been obtained for the same offence under the provisions of this act.

Proceedings necessary for the dissolution of any society.

26. And be it further enacted, that it shall not be lawful for any such society, by any rule at any general meeting, or otherwise, to dissolve or determine such society, so long as the intents or purposes declared by such society, or any of them, remain to be carried into effect, without obtaining the votes of consent of five-sixths in value of the then existing members of such society, to be ascertained in manner hereinafter mentioned, and also the consent of all persons then receiving or then entitled to receive relief from such society, either on account of sickness, age, or infirmity, to be testified under their hands individually and respectively; and for the purpose of ascertaining the votes of such fivesixths in value, every member shall be entitled to one vote, and an additional vote for every five years that he may have been a member; provided also, that no one member shall have more than five votes in the whole; and in all cases of dissolution, the intended appropriation or division of the funds or other property of such society shall be fairly and

divisible but

distinctly stated in the proposed plan of dissolution, prior to such consent being given; nor shall it be lawful for such society by any rule to Stock not direct the division or distribution of such stock or fund, or any part for general thereof, to or amongst the several members of such society, other than purposes of the society. for carrying into effect the general intents and purposes of such society, declared by them, and confirmed by the justices of the peace as aforesaid, according to the directions of this act; but that all such rules for the dissolution or determination of any such society, without such consent as aforesaid, or for the distribution or division of the stock or fund of such society, contrary to the rules which shall have been confirmed by the said justices at their sessions, and filed in pursuance of this act, shall be void and of none effect; and in the event of such division or Penalties for misappropriation of the funds of such society, without the consent here- illegal dissoby declared to be requisite, the trustee or other officer or person aiding sion of funds. or abetting therein shall be liable to the like penalties as are hereinbefore provided for in cases of fraud.

lution or divi

made direct

be settled.

of arbitrators.

27. Provided always, and be it further enacted, that provision shall Rules to be be made by one or more of the rules of every such society, to be con- ing how disfirmed as required by this act, specifying whether a reference of every putes shall matter in dispute between any such society, or any person acting under them, and any individual member thereof, or person claiming on account of any member, shall be made to such of his Majesty's justices of the peace as may act in and for the county in which such society may be formed, or to arbitrators to be appointed in manner hereinafter directed; and if the matter so in dispute shall be referred to arbitration, certain Appointment arbitrators shall be named and elected at the first meeting of such society, or general committee thereof, that shall be held after the enrolment of its rules, none of the said arbitrators being beneficially interested, directly or indirectly, in the funds of the said society, of whom a certain number, not less than three, shall be chosen by ballot in each such case of dispute, the number of the said arbitrators and mode of ballot being determined by the rules of each society respectively, the names of such arbitrators shall be duly entered in the book of the said society in which the rules are entered as aforesaid; and in case of the death, or refusal or neglect of any or all of the said arbitrators to act, it shall and may be lawful to and for the said society, or general committee thereof, and they are hereby required, at their next meeting, to name and elect one or more arbitrator or arbitrators as aforesaid to act in the place of the said arbitrator or arbitrators so dying, or refusing or neglecting to act as aforesaid; and whatever award shall be made by the said arbitrators, or the major art of them, according to the true purport and meaning of the rules of such society, confirmed by the justices according to the directions of this act, shall be in the form to this act annexed, and shall be binding and conclusive on all parties, and shall be final, to all intents and purposes, without appeal, or being subject to the control of one or more justices of the peace, and shall not be removed or removable into any court of law, or restrained or restrainable by the injunction of any court of Justices shall equity; and should either of the said parties in dispute refuse or neglect to comply with or conform to the decision of the said arbitrators, or the the decision major part of them, it shall and may be lawful for any one justice of the

enforce com

pliance with

of arbitrators.

Reference of disputes to

justices, if so

the rules of

peace residing within the county within which such society shall be held, upon good and sufficient proof being adduced before him of such award having been made, and of the refusal of the party to comply therewith, upon complaint made by or on behalf of the party aggrieved, to summon the person against whom such complaint shall be made to appear at a time and place to be named in such summons; and upon his or her appearance, or in default thereof, upon due proof, upon oath, of the service of such summons, any two justices of the peace may proceed to make such order thereupon as to them may seem just; and if the sum of money so awarded, together with a sum for costs not exceeding the sum of ten shillings, as to such justices shall seem meet, shall not be immediately paid, then such justices shall, by warrant under their hands and seals, cause such sum and costs as aforesaid to be levied by distress or by distress and sale of the monies, goods, chattels, securities, and effects belonging to the said party or to the said society, or other legal proceeding, together with all further costs and charges attending such distress and sale or other legal proceeding, returning the overplus (if any) to the said party, or to the said society, or to one of the treasurers or trustees thereof; and in default of such distress being found, or such other legal proceeding being ineffectual, then to be levied by distress and sale of the proper goods of the said party, or of the officer of the said society, so neglecting or refusing as aforesaid, by other legal proceedings, together with such further costs and charges as aforesaid, returning the overplus (if any) to the owner: provided always, that whatever sums shall be paid by any such officer, so levied on his or her property or goods in pursuance of the award of arbitrators or order of any justices, shall be repaid, with all damages accruing to him or her, by and out of the monies belonging to such society, or out of the first monies which shall be thereafter received by such society.

28. And be it further enacted, that if by the rules of any such society it is directed that any matter in dispute as aforesaid shall be decided by directed by justices of the peace, it shall and may be lawful for any such justice, on the society. complaint being made to him of any refusal or neglect to comply with the rules of such society by any member or officer thereof, to summon the person against whom such complaint shall be made to appear at a time and place to be named in such summons; and upon his or her appearance, or in default thereof, upon due proof, on oath or affirmation, of the service of such summons, it shall and may be lawful for any two justices to proceed to hear and determine the said complaint according to the rules of the said society; and in case the said justices shall adjudge any sum of money to be paid by such person against whom such complaint shall be made, and such person shall not pay such sum of money to the person and at the time specified by such justices, they shall proceed to enforce their award in the manner hereinbefore directed to be used in case of any neglect to comply with the decision of the arbitrators appointed under the authority of this act.

Orders of

justices to be final.

29. And be it further enacted, that every sentence, order, and adjudication of any justices under this act shall be final and conclusive to all intents and purposes, and shall not be subject to appeal, and shall not be removed or removable into any court of law, or restrained or restrain

able by the injunction of any court of equity, and that no suspension, advocation, or reduction shall be competent.

into Savings'

30. And be it further enacted, that it shall be lawful for any society Funds may established under the authority of this act from time to time to subscribe be subscribed the whole or any part of the funds of such society into the funds of any Bank; institution which shall have taken the benefit of an act passed in the last session of parliament, intituled "An Act to consolidate and amend the 9 Geo. IV. c. Laws relating to Savings Banks," subject to the provisions in the said last-recited act contained relating to Friendly Societies.*

92,

England, on

31. And be it further enacted, that it shall be lawful for any society or into the established under authority of this act to pay directly into the Bank of Bank of England any sum of money not being less than 501. to the account of receipts. the commissioners for the reduction of the national debt, upon the declaration of the treasurers or trustees of such society, or any two or more of them, that such monies belong exclusively to the society for which such payment is intended to be made; and the cashier or cashiers of the Bank of England are hereby required to receive all such monies, and to place the same to the account raised in the names of the said commissioners for the time being in the books of the Bank of England denominated "The Fund for the Friendly Societies;" and in case any such declaration shall not be true, then and in every such case the sum so paid shall be forfeited to the said Commissioners; and all the clauses and provisions of an act passed in the ninth year of his present Majesty's reign, intituled "An Act to consolidate and amend the Laws relating to Savings Banks," with respect to the accounts of banks for savings, and the regulation of receipts, certificates, or order concerning the same, shall be applicable to the monies so paid into the Bank of England under the authority of this act, as if the same had been repeated herein provided nevertheless, that every society formed and enrolled Societies enprevious to the 28th day of July, 1828, under the provisions of an act rolled under made and passed in the said 59th year of his late Majesty's reign, inti- c. 128, prior tuled "An Act for the further Protection and Encouragement of 1828, entitled to 28 July, Friendly Societies, and for preventing Frauds and Abuses therein," to 3d. per shall, on paying money directly into the Bank of England as aforesaid, diem. be entitled to receive receipts bearing interest at the rate of three-pence per centum per diem, anything in this act contained to the contrary thereof notwithstanding:† provided also, that no Friendly Society which already has invested or may hereafter invest any money with the said commissioners shall be entitled to re-deposit any sum or sums of money with them, without the consent of the said commissioners, or on their behalf by the comptroller-general or assistant comptroller-general under the said commissioners.

*This section is repealed by the Act of 4 and 5 Will. IV. c. 40. s. 1., and s. 9. of the last-mentioned Act is substituted.

By the Act of 9 Geo. IV. c. 92. s. 16, the rate of interest allowed to Savings Banks was reduced from 3d. per cent. per diem, to 24d. per cent. per diem; and the latter is therefore the rate allowed to Friendly Societies not formed and enrolled previous to the 28th of July 1828.

Instructions to enable the trustees of Friendly Societies to open an account with the Commissioners for the Reduction of the National Debt, per Act 10 Geo. IV., c. 56, s. 31. A printed

59 Geo. III.

cent. per