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containing no further Particulars thereof, which last-mentioned Book or Index all Persons shall be permitted to search for themselves, paying to the said Master for such last-mentioned Search the Sum of One Shilling.
IV. The said Master shall be entitled to receive, for his Officer entitled Trouble in filing and entering every such Bill of Sale or a
to a Fee of One
Shilling for Copy thereof as aforesaid, the Sum of One Shilling, and no filing Bill of more; and the said Master shall cause all Fees received by Sale. him under this Act, and all Disbursements made thereout for necessary Expenses, to be duly entered in One or more Books to be kept for that Purpose in his Office, and also the Particulars and Amount of every Disbursement, and shall, within One Month after the Thirty-first Day of December in each Year, render a true and faithful Account in Writing to the Commissioners of Her Majesty's Treasury of all such Fees and Disbursements in such Form of Account and with such Particulars of Receipt or otherwise, and accompanied with such Vouchers, as the said Commissioners shall from Time to Time think proper to require and direct; and if upon Examination of any such Account it shall appear to the said Commissioners that any Fees have not been duly accounted for, or that any unreasonable or improper Charge or Deduction has been made in such Account, the said Commissioners may finally settle and adjust the same as they may think reasonable, and the said Master shall alter and amend the Account accordingly; and the said Master shall, when required so to do, submit his Books of Account to the Inspection of the said Commissioners, or any Person whom they may employ for that Purpose.
V. Any Person shall be entitled to have an Office Copy or Office Copies or an Extract of every Bill of Sale, or of the Copy thereof, filed Extracts to be as aforesaid, upon paying for the same at the like Rate as for ing as for Copies Office Copies of Judgments in the said Court of Queen's Bench. of Judgments.
VI. It shall be lawful for any Judge of the said Court of Satisfaction Queen's Bench to order a Memorandum of Satisfaction to may be entered. be written upon any Bill of Sale or Copy thereof respectively as aforesaid, and also in the said Books kept in the said Master's Office as aforesaid, if it shall appear to hiin that the Debt (if any) for which such Bill of Sale is given as Security shall have been satisfied or discharged. VII. In construing this Act the following Words and Ex- Interpretation
Assignments, Transfers, Declarations of Trust without
Transfers, or Assignments of any Ship or Vessel or any Share thereof, Transfers of Goods in the ordinary Course of Business of any Trade or Calling, Bills of Sale of Goods in Foreign Parts or at Sea, Bills of Lading, India Warrants, Warehouse Keepers Certificates, Warrants or Orders for the Delivery of Goods, or any other Documents used in the ordinary Course of Business as Proof of the Possession or Control of Goods, or authorizing or purporting to authorize, either by Endorsement or by Delivery, the Possessor of such Document to transfer or receive Goods thereby
represented : The Expression “ Personal Chattels” shall mean Goods,
Furniture, Fixtures, and other Articles capable of complete Transfer by Delivery, and shall not include Chattel Interests in Real Estate, nor Shares or Interests in the Stock, Funds, or Securities of any Government, or in the Capital or Property of any incorporated or Joint Stock Company, nor Choses in Action, nor any Stock or Produce upon any Farm or Lands, which by virtue of any Covenant or Agreement, or of the Custom of the Country, ought not to be removed from any Farm where the same shall be at the Time of the making or giving of such Bill
of Sale :
Possession" of the Person making or giving the Bill of
or be in or upon any House, Mill, Warehouse, Building, Works, Yard, Land, or other Premises occupied by him, or as they shall be used and enjoyed by him in any Place whatsoever, notwithstanding
that formal Possession thereof may have been taken by or • given to any other Person. VIII. This Act shall not extend to England or Scotland.
Extent of Act.
CA P. LVI.
4 & 5 W. 4. c. 40.
An Act to make further Provisions in relation to
certain Friendly Societies. [31st July 1854.] WHEREAS certain Friendly Societies were established
and enrolled under the Acts passed in the Tenth Year • of His late Majesty King George the Fourth, Chapter Fifty- 10 G. 4. c. 56.
six, and the Fourth and Fifth Years of His late Majesty King • William the Fourth, Chapter Forty, relating to Friendly
Societies, or under One of them: And whereas the Scope and
Operation of Friendly Societies since the passing of the said ' Acts have been limited by Law in respeet to the Amount for ' which Policies of Assurance payable on the Death of Members
of such Societies may be granted ; but some of the said • Societies, established as aforesaid, and which grant or effect · Policies of Assurance payable on Death, have not been so
limited, and such last-mentioned Societies have therefore been
excluded the Benefit of certain Provisions and Privileges made ' for and granted to Friendly Societies in respect to Exemption * from Stamp Duties and otherwise ; and it is desirable that • there should be special Provisions made with respect to such
of the said Societies so excepted and excluded as aforesaid : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:
I. This Act shall relate to and include such of the said Act to apply Societies only as grant and effect Policies of Assurance payable Soley certain at Death exceeding the Sum of One thousand Pounds; and from and after the passing of this Act the said Societies shall cease to be Friendly Societies, and shall not be affected by the Provisions of any Act passed in the present or any future Session of Parliament relating to Friendly Societies, unless therein expressly named.
II. The several Provisions contained in the Acts relating to Acts and Parts Friendly Societies which were wholly or in part in force on of Acts now the First Day of this present Session of Parliament with respect Societies to to the Societies intended to be affected and provided for by this continue in Act, save and except
the Thirty-seventh and Fifty-first Sections force, except as of the Act of the Thirteenth and Fourteenth Years of Her
after provided. Majesty, Chapter One hundred and fifteen, shall, so far as they now affect such Societies, remain and be in force and unrepealed with respect to the said Societies, except as is herein-after provided.
III. No Exemption from any of the Duties granted by any No Exemption Act or Acts relating to Stamp Duties shall, from and after the from Stamp, passing of this Act, extend or be construed to extend to any of
as to Societies the Societies intended to be affected and provided for by this affected by this
Duties to exist
Such Societies Act; and it shall not be lawful for such Societies, after the not to assure in passing of this Act, to assure the Payment of any Money on the Nominees. Death of any Member or Person whomsoever to any Nominee
of such Member or Person, but only to the Person or Persons effecting and contracting for any Assurance with the said Societies respectively, or to his, her, or their Executors, Ad
ministrators, or Assigns. Societies IV. The Societies intended to be affected and provided for
by this Act may efect by this Act may carry on, transact, and effect all the Business the Objects
and Purposes which have been from Time to Time and are duly allowed by specified in and allowed by the enrolled or certified Rules of their Rules, and the said Societies respectively, and also may grant, make, or other legal
effect all such Assurances on Lives, Survivorships, Contingencies, and Events dependent on or connected with Life or otherwise as may by Law be made or effected, and may make such new Rules or Alterations in Rules as shall not be repugnant to Law, without being required to submit the same to the Registrar of Friendly Societies, and shall not be required to transmit to such Registrar any Statement or Return of Sickness or Mortality or
of Assets or Liabilities. Provision for V. The Trustees of the several Societies intended to be of the Funds of affected and provided for by this Act may from Time to Time Societies
lay out and invest the Funds of such Societies, as well in the affected by this Manner, and upon the Stocks, Funds, and Securities, which
are now authorized by Law with regard to such Societies, as also in or upon Exchequer Bonds and Bills, and any Stocks, Funds, or Securities guaranteed by the Government of Great Britain, and Bonds of the City of London, or on Mortgage, or in the Purchase of any reversionary, contingent, or other Estate or Interest in any Freehold, Leasehold, or Copyhold Property in Great Britain or Ireland, or of any such Estate or Interest in any of the Stocks, Funds, or Securities hereinbefore mentioned and referred to respectively, or of any such Estate or Interest in any Sum or Sums of Money secured upon any such Real and Personal Estate as aforesaid, or upon the Security of any Rates, Tolls, Duties, Assessments, Bonds, Stocks, Debentures, or other Securities of any Persons, Body, or Company authorized by Act of Parliament, Charter, or otherwise to be raised, levied, or mortgaged, and also upon Security of any Life Policy or Policies, although the Amount of the Loan may exceed the then present Value thereof, provided the Premiums on such Policy or Policies and the Interest of the Loan be collaterally secured by or upon some of the Securities herein-before mentioned, and shall and may from Time to Time vary and transpose the said Securities so
purchased, and sell the same respectively. Power for
VI. All Powers and Provisions of any Actor Acts of Judge or Court Parliament for ordering and enforcing the Attendance of Attendance of Witnesses before an Arbitrator under any Reference made a Rule of Court, and for punishing Disobedience to any such
Order, shall apply to any Arbitration of any Difference or Dis- before Arbipute under or pursuant to the Rules of any of the Societies trators. intended to be affected and provided for by this Act, for which Purpose a Copy of the Resolution of the Board of Directors, or Committee, or Board of Management of any such Society, authorizing such Reference, signed by the Chairman or any Director or the Secretary of such Society, may be made a Rule of any of Her Majesty's Courts at Westminster.
VII. The Trustees for the Time being of any Society intended Power to purto be affected and provided for by this Act may from Time to chase and hold
Buildings for Time, with the Consent of the Board of Directors, or Board or Offices of Committee of Management thereof, purchase, hire, or take upon Society. Lease, and adapt and furnish, any Buildings for the Purpose of holding the Meetings and transacting the Business of such Society, and shall hold the same in trust for the Use of such Society, and may, with such Consent as aforesaid, mortgage, sell, exchange, or let the same or any Part thereof; and the Receipt in Writing of such Trustees shall be a valid and legal Discharge for the Money arising from any such Mortgage, Sale, Exchange, or Lease, and for any other Moneys payable to them by virtue of this Act; and no Purchaser, Mortgagee, Lessee, Assignee, or other Person shall be bound to ascertain or show whether any such Consent shall have been given as aforesaid, or be answerable for the Misapplication or Nonapplication of the Moneys in any such Receipt expressed to be received, or be bound to see to the Application thereof: Provided always, that any Building which now belongs to any such Society may be held and dealt with in the sarne Manner as if it had been acquired under or by virtue of this Act.
VIII. It shall not be lawful for the Trustees of any Friendly Trustees of Society coming under the Provisions of this Act to make any Investment of the Funds of such Society either in a Savings invest Funds in Bank, or with the Commissioners for the Reduction of the Savings Banks, National Debt: Provided always, that where the Funds or any &c. Part thereof of any such Friendly Society shall be invested in a Savings Bank or with the said Commissioners, such Funds shall be withdrawn from such Savings Bank or from the said Commissioners by the said Trustees within the Space of Twelve Months after the passing of this Act, if required by the said Commissioners.
IX. In citing this Act in other Acts of Parliament, and Short Title. in legal Proceedings and Instruments, it shall be sufficient to use the Expression “ The Friendly Societies Discharge Act, 1854.”
X. This Act shall extend to Great Britain and Ireland, Extent of Act. and the Islands of Guernsey, Jersey, and Man.