PROVIDENT NOMINATIONS AND SMALL [46 & 47 VICT., CH. 47.] CHAPTER 47. A.D. 1883. Extent and the Act. An Act to extend the power of Nomination in Friendly and Industrial, &c., W HEREAS under the enactments named in the third section of this Act a member of a friendly, industrial, or other like society to which the said enactments apply may, by writing under his hands delivered at or sent to the registered office of such society, nominate any person to whom any moneys payable by the society on the death of such member, not exceeding fifty pounds shall be paid at his decease, and may from time to time revoke or vary such nomination by a writing under his hand similarly delivered or sent, and on receiving satisfactory proof of the death of a nominator such society is bound to pay to the nominee the amount due to such deceased member not exceeding the sum aforesaid. And whereas it is desirable to extend the operation of the said enactments: Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in the present Parliament assembled, and by the authority of the same, as follows: 1. This Act extends to Great Britain and Ireland, and except section short title of ten of the same, and so much thereof as relates to trade unions, to the Channel Islands, and except the said section ten, and so much as relates to industrial and provident societies and to trade unions, to the Isle of Man, and may be cited as the Provident Nominations and Small Intestacies Act, 1883. Definition of terms. 2. In this Act the expressions following have the following meanings :"Directors" means (1) in the case of a society or branch whose property is vested in trustees, the trustees for the time being; (2) in the case of a Post Office Savings Bank and of a Post Office Savings Bank Insurance, the Postmaster-General; (3) in any other case, the directing authority by whatever name it may be called: "Probate" and "letters of administration" for Scotland mean confirmation: "Savings Bank means a bank to which the Trustee Savings Bank Act, 1863, applies, and a Post Office Savings Bank: "Society" includes a registered trade union: "Office "" means in the case of a society registered under the Friendly Societies Acts, the Industrial and Provident Societies Acts, or the Trade Union Acts, the registered office of such society: In the case of a registered branch under the Friendly Societies Acts, the In the case of a Trustee Savings Bank or of a Trustee Savings Bank In the case of a Post Office Savings Bank and of a Post Office Savings c. 60, s. 15 (3), c. 45, 8 11 (5). 43. 3. The following_enactments, namely, sub-sections three and four of 88 & 39 Vict.. section fifteen of the Friendly Societies Act, 1875, sub-sections five and six (4). of section eleven of the Industrial and Provident Societies Act, 1876, section 39 & 40 Vict., ten of the Trade Union Act Amendment Act, 1876, sections forty-one, (6), forty-two, forty-three of the Trustee Savings Bank Act, 1863, section ten of an Act passed in the seventh and eighth years of the reign of her present Majesty, intituled "An Act to amend the law relating to savings banks, and "to the purchase of Government annuities through the medium of savings "banks," and sub-head (e) of section six of the Government Annuities Act, 1882, respectively shall be read as if in the said sections of the said Acts the words one hundred pounds were substituted for the words fifty pounds. 4. A nomination may be partly printed, and if made in a book kept at How a nomithe office shall be taken to be delivered at such office. nation may be made. 7 & 8 Vict., c. 83, s 10, and 45 & 46 Vic.. tended to sums c. 51. s. 6 (e). ex not over £100. 5. A depositor in a Savings Bank, not being under sixteen years of age, Nominamay by writing under his hand delivered at or sent to the office nominate tions by Savings any person, not being an officer or servant of the directors (unless Bank such officer or servant be the husband, wife, father, mother, child, depositors. grandchild, brother, sister, nephew, or niece of the nominator), to whom any sum, not exceeding one hundred pounds, which may remain due to such depositor at his decease may be paid at such decease, and may from time to time revoke or vary such nomination by writing under his hand similarly delivered or sent; and on receiving satisfactory proof of the death of a nominator, the directors shall pay to the nominee the sum due to the deceased depositor, provided it does not exceed one hundred pounds. 6. In sub-section three of section fifteen of the Friendly Societies Act, Extension of 1875, and in any nomination under the said Act which takes effect after this 38 & 39 Vict., c. 60, s. 15 Act has come into operation, the words “moneys payable by the society on (3), and the death of such member" shall include deposits made by such member 39 & 40 Vict. under section eighteen of the said Act, and moneys accumulated for the use c. 45, s. 11 of such member under section nineteen of the same Act, with the interest (5), (6). on such deposit or moneys respectively. In sub-sections five and six of section eleven of the Industrial and Provident Societies Act, 1876, and in any nomination under the said Act which takes effect after this Act has come into operation, the words "shares" and "interest" respectively shall be taken to include loans and deposits made under sub-section (2 c) of section ten of the said Act. 7. If any member of a registered trade union, entitled from the funds Provisions thereof to a sum not exceeding one hundred pounds, dies intestate and in case of without having made any nomination which remains unrevoked at his death, and no intestacy nomination. Provision for such rum shall be payable, without letters of administration, to the person who appears to a majority of the directors, upon such evidence as they may deem satisfactory, to be entitled by law to receive the same. 8. If a member of any society who is entitled to make a nomination illegitimacy, under this Act or the Acts hereby amended is illegitimate, and has died intestate, and without having made any such nomination subsisting at his death, the directors may pay the sum which such member might have nominated to or among the person or persons who, in the opinion of the majority of them, would have been entitled thereto if such member had been legitimate, or, if there are no such persons, then the deposits shall be dealt with as the Commissioners of the Treasury may direct. Payments made by directors under the power 9. All payments made by directors under the powers aforesaid shall be valid with respect to any demand of any other person as next of kin of a deceased member, or as his lawful representative or person claiming to be such representative, against the society or savings bank, or the directors, above given. but such next of kin, representative, or claimant shall have remedy for recovery of such money, so paid as aforesaid, against the person or persons who shall have received the same. Conditions to be observed where fund exceeds £80. Nomination or paymen under this Act not to affect the liability to probate duty. Channel Islands and 10. For the prevention of frauds on the revenue it is enacted as follows: (1.) If the total sum with respect to which a nomination may be made under this Act by any person, or standing to the credit of any person in any society or savings bank at his death exceeds, after deduction of any moneys payable under the registered or certified rules of such society or savings bank or otherwise for the purpose of defraying the funeral expenses of such member the sum of eighty pounds sterling, the directors shall before making any payment to a nominee or otherwise under this Act require production of a duly stamped receipt for the succession or legacy duty payable thereon, or a letter, or a certificate from the Commissioners of Inland Revenue stating that none such is payable; such receipt or certificate shall be given by the said Commissioners upon payment of duty, or satisfactory proof of no duty being payable, as the case may be. (2.) If, elsewhere than in Scotland, the total personal property, or in Scotland the whole movable estate, of any person entitled to make a nomination under this Act or the Acts hereby amended, or of any depositor in a savings bank, exceeds one hundred pounds sterling, any sum paid under this Act without probate or letters of administration shall, notwithstanding such nomination or payment, be liable to probate duty as part of the amount on which such duty is charged, and the directors shall be at liberty before making any such payment to require a statutory declaration by the claimant, or by one of the claimants, that the total personal estate of the deceased, including the sum in question, does not, after deduction of debts and funeral expenses exceed the value of one hundred pounds. 11. As respects the Channel Islands and the Isle of Man respectively, Isle of Man. the following provision shall have effect. When any sum of money becomes payable on the death of a person entitled to make a nomination under this Act or the Acts hereby amended, such sum shall, in default of any direction or nomination such as is contemplated by the Friendly Societies Act, 1875, or by this Act, be paid to the deceased member's legal representative, according to the law of the island in which such deceased member was domiciled. INDEX. (PRACTICAL POINTS). For explanation of legal terms marked thus see end of Index. CASE. 1. ACCOUNTS-Falsification of by secretary-embezzlementconviction 2. 3. 4. ... ... ... Settled account-order for account not directing that settled account should not be disturbed-the court expressed an opinion that in taking the accounts under the order the plaintiffs were to be at liberty to impeach the audited accounts for fraud ... ... ... Order for not referring to settled accounts ACQUIESCENCE-See Dispute. ADMINISTRATOR-See Nomination. ... ... PAGE. 1 2 2 5. ALTERATION OF RULES-By inadvertence not confirmed although acted upon for 30 years held to be invalid not made in accordance with the requirements of the statute held to be invalid is valid if registered, notwithstanding any irregularity in the manner in which it was made 6. 7. 8. ANNUAL RETURNS-Defunct society 9. 10. Failure to send same to Registrar-penalties imposed... Application for prohibition premature... Claim for unpaid levies and fines-alleged secession-disregard of rules-award enforced 22 2 22 Unpaid levies-amendment of rules-proper persons to sue and be sued-award enforced... CASE. 17. ARBITRATION-Award of Arbitrators-Claim for sick pay-nondelivery of sick forms-case to be re-heard Claim for sick pay-writ of prohibition PAGE. 25 ... 18. 19. 20. 21. 22. In an action by a society against a district to enforce same, it was held that the court had no jurisdiction to enforce an award between two societies Motion to High Court to set aside award. Held that the case having been properly referred to arbitration under the rules and decided against the claimant, the High Court has no jurisdiction to interfere... ... Building Society-rules-Court of Equity had no Competent to arbitrators to decline to hear counsel Evidence taken in absence of claimant-award upheld 23. 24. upheld 25. 26. 27. 28. 29. 30. 31. 242. 32. Meeting of society not held within 40 days to adjudicate upon claim entitled the claimant to proceed against the society in the County Court-jurisdiction of County Court Judge in such circumstances, and mandamus directed to issue Misconduct of arbitrators-in an arbitration between a member and the society the arbitrators, after hearing claimant, heard the evidence of two witnesses in the absence of the claimant, and who therefore had no opportunity of cross-examining the witnesses-award made application to justices to set aside award, who decided that same was bad. Held on appeal that as the arbitrators had given a decision which was valid until set aside, the jurisdiction of the justices to hear the complaint did not arise ... Notice of intention to proceed by must be properly given Member or non-member-Plaintiff's claim was not a dispute between the society and the defendant in his capacity as an individual member of it, which disputes alone were required by statute to be dealt with under the societies' rules otherwise than by action ... To bring dispute within arbitration clause of rules it must be one which arises between the society and a person claiming as a member thereof ... |