AUG 18, 1855.] Prorogation of Parliament.—Royal Assents.-New Statutes. 295 Buildings, and otherwise promoting the applied to Joint-Stock Associations, will public welfare. They are as follow: Metropolitan Buildings,-for the amendment of several defects in this branch of the Law. Metropolitan Local Management, - by which the several Parishes or Unions of Parishes will have their powers defined and the right of sending a representative to the General Board of Management relating to sewerage, drainage, paving, cleansing, lighting, and other improvements. The Public Health Act is continued, and another Act passed for the more effectual removal of nuisances. The Law of Sewers is also amended in regard to House Drainage (see p. 139.) Next may be mentioned an amended Act regulating Weights and Measures. The Friendly Societies' Act (p. 296) amends some defects in this branch of former legislation, and thereby encourages the poorer classes to avail themselves of the advantages of these institutions, which are noticed in her Majesty's Speech. We may close the list by the Act which abolishes the Stamp on Newspapers_and provides for their transmission by Post. Authority is also given for the transmission of printed Books and Papers at the moderate postage of one penny for each four ounces. There are also some Acts relating to the Law of Scotland, viz., the Intestacy Act, c. 23; Affirmations in lieu of Oaths, c. 25; and the Registration of Births, &c., c. 29. PROROGATION OF PARLIAMENT. THE prorogation of Parliament took place on Tuesday the 14th August, by the Royal Commissioners, viz., the Lord Chancellor, the Duke of Argyll, Earl Granville, Lord Stanley of Alderley, and the Earl of Harrowby. The following is an extract from the Queen's Speech relating to the Law Bills, which had received the Royal assent. afford additional facilities for the employment of capital, and the improvements which you have made in the Laws which regulate Friendly Societies will encourage habits of industry and thrift among the labouring classes of the community." The Parliament was prorogued to Tuesday, the 23rd October. p. Purchasers' Protection, 18 Vict. c. 15,—p. 5. 139. "Her Majesty, in giving her assent to the Bill which you presented to her for the Local Management of the Metropolis, trusts that the arrangements provided by that measure will lead to many improvements conducive to the convenience and health of this great city. The abolition of the Duty on Newspapers will tend to diffuse useful Administration of Oaths Abroad, 18 & 19 information among the poorer classes of her Vict. c. 42,—p. 175. Majesty's subjects. The principle of Li Income Tax, c. 20, p. 197. Stannary Courts' Jurisdiction, c. 32,-pp. 214, 236. Ecclesiastical Courts (Defamation Suits mited Liability which you have judiciously | Abolition), c. 41,—p. 176. 296 New Statutes effecting Alterations in the Law. Common Law Pleadings, c. 26,—p. 176. Infants' Marriage Settlements, c.33,-p. 198. Palatine of Lancaster Trials, c. 45,-p. 241. Bills of Exchange and Promissory Notes, c. 67, p. 256. Cinque Ports, c. 48, p. 258. [LEGAL OBSERVER, Rules to be made; s. 25. Copies to be sent to the registrar and his certificate obtained. Actuary's certificate to be sent with the copies in case of tables of annuities; s. 26. Commons Inclosure (No. 2), c. 61,—p. 275. Incumbered Estates Acts (Ireland) Continu-ed, or new rules made; s. 27. ance, c. 73,-p. 276. Rules may be altered, amended, rescind When place of meeting is altered, notice Places of Religious Worship Registration, c. to be sent to registrar; s. 28. 81, p. 276. Friendly Societies, c. 63,-p. 296. FRIENDLY SOCIETIES. 18 & 19 VICT. c. 63. Acts or parts of Acts set forth in first Schedule repealed; s. 1. Circulating false copies of rules, &c., a misdemeanor; s. 29. Rules, how received in evidence; s. 30. On death of member, sum under 50%. may be paid without administration. Indemnity to trustees; s. 31. Funds, how invested; s. 32. Funds may be invested with the ComSocieties under former Acts to continue; missioners of the National Debt; s. 33. s. 2. Their rules to continue in force and enrolments to be sent to registrar; s. 3. All their contracts, and all bonds, &c., to them, to continue in force; s. 4. Their exemptions, powers, and privileges under this Act; s. 5. Registrars how and by whom appointed; s. 6. Their salaries; s. 7. Their expenses of office, &c.; s. 8. Societies, how and for what purpose formed. For payments on death. For relief in sickness, &c. For other purpose authorised by Secretary of State, &c.; s. 9. Benevolent societies in what case entitled to the benefits of this Act; s. 11. Statutes as to unlawful Oaths not to extend to societies under this Act or any repealed Acts; s. 12. Societies, how dissolved; s. 13. Societies may unite with others, or one society may transfer its engagements to another; s. 14. 15. Minors may be elected as members; s. Buildings for the purpose may chased or leased; s. 16. What interest old societies shall have; s. 34. Re-depositing of money withdrawn; s.35. Power of attorney, &c., not liable to stamp duty. Limitation of exemptions to societies not assuring above 2001.; s. 37. No member to receive more than 2001. or 301. a year from any number of Societies; s. 38. Trustees may subscribe to a hospital or provident institution; s. 39. As to the determination of disputes according to the rules; s. 40. 41. In what cases by the County Court; s. Order of County Court, how enforced; s. 42. Lord Chancellor may make orders for regulating the proceedings in this respect; s. 43. in In the case of societies whose rules are not certified, disputes between the society and its own members to be settled as cases of certified societies; s. 44. Returns to the registrar, when and how to be made; s. 45. Certain societies established for granting annual payments to nominees before the year 1850 to have privileges of this Act; be purs. 46. Trustees, how appointed; s. 17. Property of the society vested in them; s. 18. Actions, &c., by or against them; s. 19. Extra contribution may be demanded of a member serving in the militia; s. 47. Act to apply to societies constituted under the Industrial and Provident Societies Act, 1852; s. 48. Interpretation of "Society;" 49. AUG. 18, 1855.] New Statutes effecting Alterations in the Law. An Act to consolidate and amend the Law relating to Friendly Societies. [23rd July, 1855.] Whereas it would conduce to the improvement of the Law relating to Friendly Societies if the several Statutes relating thereto were consolidated, and certain additions and alterations were made therein: Be it enacted: 1. That there shall be hereby repealed the several Acts or parts of Acts set forth in the first Schedule hereto, save and except as to any offences committed, or penalties or liabilities incurred, or bond or security given, or proceedings taken, under the same, before the commencement of this Act. 2. Provided nevertheless, That, notwithstanding the repeal of the said several Statutes, every Friendly Society now subsisting, which heretofore had been formed and established under the said Acts or any of them, shall still be deemed to be and shall continue to be a subsisting society, as fully as if this Act had not been made, unless and until such society shall be dissolved, or united with some other society as hereinafter mentioned. 3. Provided also, That the rules of every such subsisting society hitherto formed and established, which have been hitherto confirm ed, registered, or certified under the said Acts or any of them, shall be deemed valid and in force until the same shall be altered or rescinded as hereinafter mentioned; and all transcripts of any of such rules which are now filed with the rolls of the sessions of the peace of any county, riding or division, city, or borough, liberty or place, shall be taken off the file, and shall be transmitted, on or before the 1st day of November, 1855, to the registrar under this Act, to be by him kept in such manner as shall be directed from time to time by one of her Majesty's Secretaries of State in that behalf. 4. Provided also, That all contracts and engagements by or with any of the said societies now valid and in force, and all bonds and securities heretofore given by any trustee, treasurer, or other officer of any such society, shall continue and be valid and in force notwithstanding the repeal of the said Acts. 5. All such subsisting societies, whose rules have heretofore been confirmed, registered, or certified under the said Acts or any of them, shall, so long as they shall not hereafter effect an assurance to any member thereof, or other person, of any sum exceeding 2001., or of any annuity exceeding 30l. per annum, enjoy all the exemptions and privileges by this Act conferred on societies to be established under the provisions of this Act, as fully as if they had been registered and certified under this Act as hereinafter mentioned. 6. For the purposes of this Act, there shall be three registrars of friendly societies, one for England, one for Scotland, and one for Ireland, who shall hold their respective offices during the pleasure of the Commissioners for the Reduction of the National Debt; and upon the death, resignation, or removal of any one 297 of them, the said Commissioners shall appoint another, being a barrister in England or Ireland, and in Scotland an Advocate, of not less than seven years standing, to the said office. 7. It shall be lawful for the Commissioners of her Majesty's Treasury to pay to the present registrar for England a salary equal to that which has been paid to him yearly in each of the three last years, not exceeding 1,000l. per annum, and to pay to any registrar hereafter to be appointed for England a salary not exceeding 800 a year, and to pay to the registrars for Scotland and Ireland respectively a salary such as the said Commissioners shall direct not exceeding 150%, a year, every such salary to be paid by four equal quarterly payments; and any of the said registrars who shall be appointed, or who shall die, resign, or be removed from his office, in the interval between two quarterly days of payment, shall be entitled to a proportionate part of his salary, and such salaries and proportionate parts of salaries shall be paid out of such moneys as shall be provided by Parliament for that pur pose. 8. The said Commissioners of her Majesty's Treasury shall, out of such moneys as may be provided by Parliament for the purpose, pay to the said registrars respectively such sum as will defray the expenses allowed by the said Commissioners from time to time for office rent, salaries of clerks, stationery, computation of tables, and for such other expenses as may be incurred by them respectively. 9. It shall be lawful for any number of persons to form and establish a friendly society, under the provisions of this Act, for the purpose of raising by voluntary subscriptions of the members thereof, with or without the aid of donations, a fund for any of the following objects; (that is to say,) 1. For insuring a sum of money to be paid on the birth of a member's child, or on the death of a member, or for the funeral expenses of the wife or child of a member: 2. For the relief or maintenance of the members, their husbands, wives, children, brothers or sisters, nephews or nieces, in old age, sickness, or widowhood, or the endowment of members or nominees of members at any age: 3. For any purpose which shall be authorised by one of her Majesty's Principal Secretaries of State, or in Scotland by the Lord Advocate, as a purpose to which the powers and facilities of this Act ought to be extended: Provided, that no member shall subscribe or contract for an annuity exceeding 30l. per aunum, or a sum payable on death, or any other contingency, exceeding 2001.: And if such persons so intending to form and establish such society shall transmit rules for the government, guidance, and regulation of the same, to the registrar aforesaid, and shall obtain his certificate that the same are in conformity with law as hereinafter mentioned, 298 New Statutes effecting Alterations in the Law. then the said society shall be deemed to be fully formed and established from the date of the said certificate. [LEGAL OBSERVER, Act of the 57 Geo. 3, c. 19, and also the Act of the 14 & 15 Vict. c. 48, relating to unlawful oaths in Ireland, shall not extend to any society established under this Act or any of the Acts hereby repealed, or to any meeting of the members or officers thereof in which society or at which meeting no business whatever is transacted other than that which directly and immediately relates to the objects of the society as declared in the rules thereof, and set forth in the certified copy thereof: Provided, that the trustees or other officers of the society, when required under the hands of two of her Majesty's justices of the peace, shall give full information to such justices of the nature, objects, proceedings, and practices of such society, and in default thereof the provisions of the Acts herein recited shall be in 10. In any society in which a sum of money may be insured payable on the death of a child under ten years of age, it shall not be lawful to pay any sum for the funeral expenses of such child, except upon production of a copy of the entry in the register of deaths, signed by the registrar of the district in which the child shall have died; and if such entry shall not state that the cause of death has been certified by a qualified medical practitioner, or by a coroner, a certificate signed by a qualified medical practitioner, stating the probable cause of death, shall be required, and it shall not be lawful in that case to pay any sum without such certificate; and no trustee or officer of any society, upon an insurance of a sum pay-force in respect of such society. able for the funeral expenses of any such child, made after the passing of this Act, shall knowingly pay a sum which shall raise the whole amount receivable from one or more than one society for the funeral expenses of a child under the age of five years to a sum exceeding 6., or of a child between five and ten years to a sum exceeding 107.; and any such trustee or officer who shall make any such payment otherwise than as aforesaid, or who shall pay any sum without endorsing the amount which he shall pay on the back or at the foot of the copy of entry signed by the said registrar, shall be liable to a penalty not exceeding 51. for every such offence, upon conviction thereof before two justices of the county or borough in which such death shall have taken place: The said registrar shall be entitled to receive, upon delivery of such copy of entry, for the purpose of receiving money from a friendly society, a fee of 1s., and it shall not be lawful for him to deliver more than one such copy for such purpose, except by the order of a justice of the peace. 11. And whereas many provident, benevolent, and charitable institutions and societies are formed and may be formed for the purpose of relieving the physical wants and necessities of persons, in poor circumstances, or for improving the dwellings of the labouring classes, or for granting pensions, or for providing habitations for the members or other persons elected by them, and it is expedient to afford protection to the funds thereof: Be it enacted, That if two copies of the rules of any such institution or society, and from time to time the like copies of any alterations or amendments made in the same, signed by three members and the secretary thereof, shall be transmitted to the registrar aforesaid, such registrar shall, if he shall find that the same are not repugnant to law, give a certificate to that effect; and thereupon the following sections of this Act, that is to say, the 17th, 18th, 19th, 20th, 21st, and 22nd, 40th, 41st, 42nd, and 43rd, shall extend and be applicable to the said institution and society, as fully as if the same were a society established under this Act. 12. The Act of the 39 Geo. 3, c. 79, and the 13. It shall be lawful for the members of any society heretofore formed and established, or hereafter to be formed and established at some meeting thereof to be specially called in that behalf, to dissolve or determine the same by consent: Provided that no society established under this or any Act relating to friendly societies shall be dissolved or determined without obtaining the votes of consent of five-sixths in value of the then existing members thereof, including the honorary members, if any, to be ascertained in manner hereinafter mentioned, nor without the consent of all persons, if any, then receiving or then entitled to receive any relief, annuity, or other benefit from the funds thereof, to be testified under their hands individually and respectively, unless the claim of every such person be first duly satisfied, or adequate provision made for satisfying such claim; and for the purpose of ascertaining the votes of such fivesixths in value of the numbers as aforesaid, every member shall be entitled to one vote, and an additional vote for every five years that he may have been a member, but no one member shall have more than five votes in the whole; and the intended appropriation or division of the funds or other property shall be fairly and distinctly stated in the agreement for dissolution prior to such consent being given; and the agreement for such dissolution, duly signed as aforesaid, accompanied with a statutory declaration by one of the trustees, or by three members and the secretary, taken before a justice of the peace, that the provisions of this Act have been complied with, shall be forthwith transmitted to the registrar, to be by him deposited with the rules of the society, and such agreement shall thereupon be an effectual discharge at law and in equity to the trustees, treasurers, and other officers of such society, and shall operate as a release from all the members of the society to such trustees, treasurers, and other officers; and it shall not be lawful in any society to direct a division or appropriation of any part of the stock thereof, except for the purpose of carrying into effect the general interests and objects declared in the "rules as originally certified, unless the AUG. 18, 1855.] New Statutes effecting Alterations in the Law. 299 claim of every member is first duly satisfied, trustees may mortgage, seil, exchange, or let or adequate provision be made for satisfying such building or any part thereof; and the resuch claims; and in case any member of such ceipt in writing of such trustee, or one of such society shall be dissatisfied with such pro- trustees for the time being, shall be a legal disvision, it shall be lawful for him or her to ap- charge for the money arising from such mortply to the Judge of the County Court of the gage, sale, exchange, or letting; and no mortdistrict within which the usual place of busi-gagee, purchaser, tenant, or assignee shall be ness of the society is situated for relief or other bound to inquire into or ascertain or prove the order; and the said Judge shall have the same consent aforesaid, to verify his title: Provided powers to entertain such application, and to always, that any building purchased or apmake such order or direction in relation there-propriated for the purpose aforesaid already to, as he may think the justice of the case may belonging to or in the possession of any require, as hereinafter is enacted in regard to friendly society heretofore formed and estathe settlement of disputes; and in the event of blished under the said repealed Acts or any of the dissolution or determination of any society, or the division or appropriation of the funds thereof, except in the way hereinbefore provided, any trustee or other officer or person aiding or abetting therein shall, on conviction thereof by two justices, be committed to the common gaol or house of correction, there to be kept to hard labour for any term not ex-surer, trustee, or other officer may have therein, ceeding three calendar months, as to such justices shall seem meet. 14. It shall be lawful for any two or more societies established under this or any of the Acts hereby repealed to unite and become incorporated in one society, with or without any dissolution or division of the funds of such societies or either of them; or a society formed and established under this Act or any of the said repealed Acts may be allowed to transfer its engagements to any other friendly society, if any other such society shall undertake to fulfil the engagements of such society, upon such terms as shall be agreed upon by the major part of the trustees, and also of the committee of management of both societies, or the majority of the members of each of such societies at a general meeting convened for the purpose. 15. A person under the age of 21 may be elected or admitted as a member of any society established under this Act or any of the Acts hereby repealed, the rules of which do not prohibit such election, and may and he is hereby empowered to execute all necessary instruments and to give all necessary acquittances: Provided always, that during his nonage he shall not be competent to hold any office of director, trustee, treasurer, or manager of such society. them may be holden and dealt with as if it had been acquired under this Act; and the land or buildings which may be vested in the treasurer, trustee, or other officer thereof for the time being shall thereupon vest in the trustee or trustees for the time being of such society, for the same estate and interest as the said trea without any conveyance or assignment whatever: Provided nevertheless, that all money spent in purchasing, building, hiring, or taking upon lease any building for the purpose of holding such meetings, and in adapting and furnishing the same, be raised according to the rules of the society on such behalf inserted; and this section shall apply to any society registered under the Industrial and Provident Societies' Act, 1852, and to any building or land to be purchased, built, hired, or taken on lease for the purposes of the labour, trade, or handicraft of such society, in all respects as hereby enacted with regard to any building or land for the holding the meetings of any friendly society. 17. Every friendly society established under this Act shall, at some meeting of its members, and by a resolution of a majority of the members then present, nominate and appoint one or more person or persons to be trustee or trustees for the said society, and the like in the case of any vacancy in the said office; and a copy of the resolution so appointing such person or persons to the office of trustee, and signed by such trustee or trustees and by the secretary of the said society, shall be sent to the registrar, to be by him deposited with the rules of the said society in his custody; Provided always, that where no trustee shall have 16. It shall be lawful for the trustee or trus-been appointed in any society established untees for the time being of any friendly society formed and established under this Act or under any of the Acts hereby repealed, with the consent of a majority of the members thereof present at a special or general meeting of the society, to purchase, build, hire, or take upon lease any building for the purpose of holding such meetings, and to adapt and furnish the same, and to purchase or hold upon lease any land not exceeding one acre for the said purpose of erecting thereon a building for holding the meetings of the society, and such trustee or trustees shall thereupon hold the same in trust for the use of such society; and, with the like consent as aforesaid, such trustee or der any one of the Acts hereby repealed, the treasurer thereof, or other person who has custody of the moneys of such society, shall be taken to be a trustee, within the meaning of this Act. 18. All real and personal estate whatsoever belonging to any such society established under this Act or any of the Acts hereby repealed shall be vested in such trustee or trustees for the time being, for the use and benefit of such society and the members thereof, and the real or personal estate of any branch of a society shall be vested in the trustees of such branch, and be under the control of such trustee or trustees, their respective executors or admini |
