frankalmoigne, and the change is by generall consent by authority of parliament (2 Ed. VI. c. 1; 5 & 6 Ed. VI. c. 1; 1 Eliz. c. 2), whereunto every man is party, the tenure remaines as it was before." [ESTABLISHED CHURCH.]

The statute 12 Charles II., which abolished military tenures, expressly excepts tenure in frankalmoigne.

Those who hold lands in frankalmoigne must do the services for which these lands were given. These services are now determined, as Coke says, by the book of Common Prayer. The mode of compelling these tenants to do their duty is thus described by Littleton (§ 136): "And if they which hold their tenements in frankalmoigne will not, or fail to do such divine service (as is said), the lord may not distrain them for not doing this, &c., because it is not put to certainty what services they ought to do. But the lord may complain of this to their ordinary or visitour, praying him that he will lay some punishment and correction for this, and also provide that such negligence be no more done, &c. And the ordinary or visitour of right ought to do this," &c.

Since the statute of 18 Ed. I., called Quia Emptores, from the introductory words, there can be no gift in frankalmoigne except by the crown. This tenure, however, as Blackstone observes, "is the tenure by which almost all the ancient monasteries and religious houses held their lands; and by which the parochial clergy and very many ecclesiastical and eleemosynary foundations hold them at this day, the nature of the service being upon the Reformation altered, and made conformable to the purer doctrines of the church of England." FRANK PLEDGE. [LEET.] FRAUDS, STATUTE OF. TUTE OF FRAUDS.]

[STA

FRAUDULENT CONVEYANCE. [CONSIDERATION.]

FREE BENCH. [DoWER.1 FREEHOLD. [ESTATE.] FREEDMAN. [SLAVE.] FREEDOM. [LIBERTY.] FREEMAN. [MUNICIPAL CORPORATIONS.]

FREE SCHOOL. [SCHOOL]

FREE TRADE. [AGRICULTURE; CAPITAL ; CORN TRADE, CORN TRADE ANCIENT; DEMAND AND SUPPLY; MoNOPOLY.]

FREIGHT. [SHIPS.]

FRENCH ECONOMISTES. LITICAL ECONOMY.]

[Po

FRIENDLY SOCIETIES. These institutions, which, if founded upon correct principles and prudently conducted, are beneficial both to their members and to the community at large, are of very ancient origin. Mr. Turner, in his ‘History of the Anglo-Saxons,' notices them in these words:"The guilds or social corporations of the Anglo-Saxons seem on the whole to have been friendly associations made for mutual aid and contribution, to meet the pecuniary exigencies which were perpetually arising from burials, legal exactions, penal mulets, and other payments or compensations." (See also Herbert's History of the Twelve Great Livery Companies,' vol. i. p. 1.)

By the 10 Geo. ÎV. c. 56 (as amended by the 4 & 5 Wm. IV. c. 40), Friendly Societies may be formed for providing relief to members, their wives, children, relations or nominees, in sickness, infancy, advanced age, widowhood, or other natural state of contingency whereof the occurrence is susceptible of calculation. by way of average, or for any other purpose which is not illegal; the rules therefore may now provide for relief in case of loss by fire, or by shipwreck; substitutes if drawn for the militia; a weekly allowance if reduced to a workhouse, or imprisoned for debt, and for payment towards the expenses of the feast, &c. &c. ; but, for all such purposes, the contributions must be kept separate and distinct from the payments which may be required, on account of relief in case of sickness, infancy, advanced age, widowhood, or other natural state of contingency, susceptible of calculation by way of average; or the charges must be defrayed at the time by extra subscription of the members. The money payable on the death of a member may be received by any person nominated by such member, and is not confined to his wife, child, or relation.

In 1773 a bill was brought into the

House of Commons for "the better support of poor persons in certain circumstances, by enabling parishes to grant them annuities for lives upon purchase, and under certain restrictions." The bill passed the Commons but was rejected by the Lords. A bill with a similar object met with the like fate in 1780. A bill introduced in 1793 by the late Mr. George Rose passed into a law (33 Geo. III. c. 54), which is known by his name, and was extensively acted upon. This act recited "that the protection and encouragement of Friendly Societies in this kingdom, for securing, by voluntary subscription of the members thereof, separate funds for the mutual relief and maintenance of the said members in sickness, old age, and infirmity, is likely to be attended with very beneficial effects," and it authorized persons to form themselves into a society of good fellowship, for the purpose of raising funds, by contributions or subscriptions, for the mutual relief and maintenance of the members in old age, sickness, and infirmity, or for the relief of the widows and children of deceased members. A committee of members was authorized to frame regulations for the government of the society, which regulations, after being approved by the majority of the subscribers, were to be exhibited to the justices in quarter-sessions, and if not repugnant to the laws of the realm, and conformable to the true intent and meaning of the act, were to be confirmed and made binding upon the subscribers.

Among other provisions, it was allowed to impose reasonable fines upon such members as should offend against the regulations; such fines to be applied to the general benefit of the society. By this act it was declared unlawful "to dissolve or determine any such society, so long as the intents or purposes declared by the society remain to be carried into effect, without the consent and approbation of five-sixths of the then existing members, and also of all persons then receiving or entitled to receive relief from the society on account of sickness, age, or infirmity." Societies thus constituted were relieved from the payment of certain stamp-duties, and were empowered to

proceed for the recovery of monies, or for legal redress in certain cases, by summary process, without being liable to the payment of fees to any officer of the court; and to aid them, the court was required to assign counsel to carry on the suit without fee or reward.

In 1795 an act was passed which extended the privileges of Mr. Rose's act to other "benevolent and charitable institutions and societies formed in this kingdom for the purpose of relieving widows, orphans, and families of the clergy and others in distressed circumstances."

Several other acts were passed between 1795 and 1817 affecting the proceedings of these societies, but not in any matter of importance.

In 1817 the 'Savings-Bank Act' was passed, and under its provisions the officers of friendly societies were allowed to deposit their funds in any savings bank, by which means they got security for their property and a higher rate of interest than they could otherwise obtain. This act has been of essential benefit to these associations.

In 1819 another law was passed, making provisions for the further protection and encouragement of friendly societies, and for preventing frauds and abuses in their management; but as this and all other acts previously passed with the same object were repealed and superseded by the act of 1829 (10 Geo. IV. c. 56) which, with two acts passed in 1832 and 1834 (2 Wm. IV. c. 37, and 4 & 5 Wm. IV. c. 40), contain the law as it now stands for the regulation of friendly societies, it is unnecessary to detail here the alterations effected in 1819.

In the years 1825 and 1827 select committees were appointed by the House of Commons to consider the laws relating to friendly societies. The reports made by these committees prepared the way for the enactment of 1829, already mentioned, which, with the subsequent acts of 1832, 1834, and 1846, we now proceed to analyze.

The law of 1829 (10 Geo. IV. c. 56), in the first place, authorizes anew the establishment of societies within the United Kingdom, for raising funds for the mutual relief and maintenance of the

members. The members of such societies are to meet together to make such rules for the government of the same as shall not be contrary to the intent of the act nor repugnant to the laws of the realm, and to impose such reasonable fines upon the members who offend against any of such rules as may be necessary for enforcing them; and these rules, which must be passed by a majority of the members present, may be altered and amended from time to time by the same authority. But before these original or amended rules shall be confirmed by the justices of the county at the general quarter-sessions, they must have inserted in them a declaration of the purposes for which the society is established, and the uses to which its funds shall be applied, stating in what shares and proportions, and under what circumstances any member of the society or other person shall be entitled to the

same.

The above statute and the 5 Wm. IV. are amended by an act of 1846, the 9 & 10 Vict. c. 27. Under this act the purposes for which friendly societies may be formed have been more fully defined and multiplied. In general they may be established for any object, the contingency of which the probability may be calculated by way of average, and the legality of which the law officers of the crown will certify.

According to this act members may withdraw from societies at any time, if the rules do not prohibit such withdrawal, by the payment of arrears and the forfeit of future claims on the funds. In lieu of a barrister a registrar of friendly societies for England, Ireland, and Scotland is appointed to certify rules, and be paid a salary in lieu of fees.

Returns of the rates of sickness and mortality, assets and liabilities, to be sent to the registrar every five years, under a penalty of 5. on the officer neglecting. Rules, &c., heretofore filed with clerks of the peace, to be returned to the registrar. Registrar not to certify the rules of societies established subsequent to July 3, 1846, unless society has adopted tables of sickness and mortality certified by the actuary of the National Debt Office, or of some person

VOL. II.

who has been for five years an actuary to a Life Insurance Company in London, Edinburgh, or Dublin.

Before these directions are complied with, no society is entitled to enjoy any of the privileges or advantages communicated by the act; but when the rules shall have been enrolled, and until they shall have been altered and the like confirmation shall have attended such alteration, they shall be binding upon the members of the society, and a certified copy of them shall be received in evidence in all cases. The treasurer of each society must give bond to the clerk of the peace for the county, with two sufficient sureties, for the faithful performance of his trust, and must, on the demand of the society, render his accounts and assign over the funds of the society at the demand of a meeting of the members. The property of the society is

to be vested in the treasurer or trustees of the society, who may bring and defend actions, "criminal as well as civil, in law or in equity," concerning the property, right, or claim of the society, provided they shall be authorized to do so by the vote of a majority at a meeting of the members.

In case any person shall die intestate whose representatives shall be entitled on his account to receive any sum from the funds of the society not exceeding 201., the treasurer or trustees may pay the money to the persons entitled to receive the property of the deceased, without its being necessary to take out letters of administration.

It is not lawful to dissolve any friendly society, so long as any of the purposes declared in its rules remain to be carried into effect, "without obtaining the votes of consent of five-sixths in value of the then existing members, and also the consent of all persons then receiving or then entitled to receive relief from such society; and for the purpose of ascertaining the votes of such five-sixths 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 that no one member shall have more than five votes in the whole.'

By 9 & 10 Vict. c. 27, s. 15, all dis

putes between the managers and members, or their representatives, of any such society, for the settlement of which recourse must now be had to the superior courts in the respective countries, may be referred in writing to the several registrars; and where the subject matter in dispute does not exceed 20%., it shall be so referred, unless the attorney or solicitor-general, or the lord-advocate in Scotland, shall certify that it ought to be decided by a superior court: the registrar, in case of reference, to have power to proceed ex parte on notice being given to the parties; the award to be final, and the proceedings not subject to any stamp duty.

There is no regulation for the payment of the registrars of Scotland or Ireland, but it is presumed that they are to be paid by fees as under the previous acts. The registrar of England, by s. 11, is to retain, out of the fees received by him, sufficient money to defray office-rent, the salaries of clerks, and all other incidental expenses, and to pay over the balance, if any, to the accountant of the consolidated fund, the accounts of the fees and their application being kept in the form from time to time prescribed by the commissioners.

Minors, if they act with the consent of parents or guardians, may become members of friendly societies, having authority to act for themselves on the one hand, and being held legally responsible for their acts on the other. statement, attested by two auditors of the funds, to be made annually, of which every member may receive a copy on payment of a sum not exceeding sixpence.

A

Every friendly society enrolled under this act is obliged, within three months after the expiration of every five years, to transmit a return of the rate of sickness and mortality, according to the experience of the society during the preceding five years; such return to be made in a prescribed form to insure uniformity. These returns are directed by 9 & 10 Vict. c. 27, to be addressed to the registrar appointed to certify the rules of friendly societies, London.

The following are among the benefits derived from a Friendly Society being

enrolled under the 10 Geo. IV. c. 56, as amended by 5 Wm. IV. and 10 Vict. :-1, The rules are binding, and may be legally enforced; 2, Protection is given to the members, their wives and children, &c., in enforcing their just claims, and against any fraudulent dissolution of the society; 3, The property of the society is declared to be vested in the trustee or treasurer for the time being; 4, The trus tee or treasurer may, with respect to property of society, sue and be sued in his own name; 5, Fraud committed with respect to property of society is punishable by justices; 6, Court of Exchequer may compel transfer of stock, &c., if officer of society abscond or refuse to transfer, &c.; 7, Application may be made to Court of Exchequer by petition, free from payment of court or counsel's fees, &c.; 8, Disputes settled by reference to justices or arbitrators-order of justices or award of arbitrators final; 9, Power to invest their funds to any amount in savings' bank; 10, Power to invest their funds with the Commissioners for the Reduction of the National Debt, and to receive interest at the rate of 31. Os. 10d. per cent.; 11, Priority of payment of debts, in case officer, &c., of society become bankrupt, insolvent, has an execution, &c., against his property, or dies; 12, In case of death of members, payment may be made of sum not exceeding 201., without the expense, &c., of obtaining letters of administration; 13, Members are allowed to be witnesses in all proceedings, criminal or civil, respecting property of society; 14, Exemption of all documents, &c., from stampduty.

Societies thus constituted and privileged must be acknowledged to be a great improvement upon the old benefit clubs. Before these societies were regulated by statute, temptation was held out to obtain members by the smallness of the contributions, which proved in the course of years wholly inadequate to answer

the demands that were then sure to arise, although the income of the society had at first, while the members continued young, been sufficient for the purpose. The mischief thus fell upon them when they had become old and infirm, and had no means of relieving

themselves from it: this evil is now prevented by the compulsory adoption of tables prescribing such rates of contributions and allowances as experience has demonstrated to be sufficient and equitable. It is unnecessary to give the tables of contributions required from members of Friendly Societies, in order to insure to their members the benefits of such institutions, as every information respecting the establishment of Friendly Societies may be obtained, free of expense, on application, through a post-paid letter, to the "Registrar appointed to certify the Rules of Friendly Societies, London."

On the 20th of November, 1844, the number of friendly societies which had direct accounts with the Commissioners for Reduction of the National Debt was 428, and the amount of their deposits was 1,770,7751. There were besides, at the same date, 10,203 friendly societies which had the sum of 1,272,0461. invested in savings' banks.

FUNDS. [NATIONAL DEBT.] FUNERAL. [INTERMENT.] FUR TRADE. [HUDSON'S BAY COMPANY.]

G.

GAME-LAWS. These laws determine what birds and beasts are to be considered game, and impose penalties on those who unlawfully kill or destroy game. They are the remnant of the ancient forest-laws, under which the killing one of the king's deer was equally penal with murdering one of his subjects; or, as Sir W. Blackstone somewhat quaintly expresses it, "from this root has sprung a bastard slip, known by the name of the game-law, now arrived to and wantoning in its highest vigour, both founded upon the same unreasonable notion of permanent property in wild creatures, and both productive of the same tyranny to the commons; but with this difference, that the forest-laws established only one mighty hunter throughout the land, the game-laws have raised a little Nimrod in every manor" (iv. 416).

Some portion of the history of the gamelaws in this country will be found under

FOREST-LAWs, and WARREN, FREE. Game has constantly been a subject of legislation from the Conquest to the present time. The last general statute which relates to game (2 Wm. IV. c. 32) was enacted in 1831, and it repealed twenty-four acts, eight of which had been passed in the reign of George III. It is doubtful whether the evils of the gamelaws have been much diminished by the act of 1831. Some of them are beyond the reach of legislative enactments. In the first place, however, we shall briefly show what are the principal statutory provisions relating to game.

Game is declared to include hares, pheasants, partridges, grouse, heath or moor game, black game and bustards. Snipe, quail, landrail, woodcock, and conies are not game, but they can only be taken or killed by certificated persons.

Woodcocks and snipes may be taken with nets or snares, and also rabbits, by the proprietor, in an enclosed ground, or by a tenant and his servant. A penalty not exceeding 21. over and above the value of the bird is incurred for killing, wounding, or taking any house-dove or pigeon when the offence does not amount to a larceny (7 & 8 Geo. IV. c. 29).

Any person who purchases a certificate or licence may kill game upon his own land, or on the land of any other person with his permission. This important alteration of the law was effected so recently as 1831, by 2 Wm. IV. c. 32, before which time a person was required to be possessed of a qualification by estate or birth to entitle him to kill game. The statute 13 Richard II. c. 13, the title of which was, 'None shall hunt but they who have a sufficient living,' was the first introduction of a qualification to kill game. This statute prohibited laymen who had not lands or tenements of 40s. a year, and priests who had not 107. a year, from taking or destroying deer, hares, or conies, upon pain of one year's imprisonment. By 3 Jac. I. c. 13, the qualification to kill game was increased to 401. a year in land and 2007. in personal property. By 22 & 23 Car. II. c. 25, the qualification was limited to persons who had a freehold estate of 1007. per annum or a leasehold for 99 years of 1507, annual