the peace.

Mode of pro

ceeding on

bond.

every such bond, to be given by or on the behalf of such Treasurer, &c. to give bond treasurer or trustee, or of any other person appointed to any to the clerk of other office or trust, shall be given to the clerk of the peace of the county where such society shall be established for the time being, without fee or reward; and in case of forfeiture it shall be lawful to sue upon such bond, in the name of the clerk of the peace for the time being, for the use of the said society, fully indemnifying and saving harmless such clerk of the peace from all costs and charges in respect of such suit; provided that such bond shall have in Scotland the same force and effect as a bond in the form in use in Scotland containing a clause of registration.

of committees.

Powers of mittees to be

standing com

declared in the rules of

the society, and of parti

XII. That every such society shall and may from time Appointment to time elect and appoint any number of the members of such society to be a committee*, the number thereof to be declared in the rules of every such society, and shall and may delegate to such committee all or any of the powers given by this Act to be executed, who, being so delegated, shall continue to act as such committee for and during such time as they shall be appointed, for such society for general purposes, the powers of such committee being first declared in and by the rules of such society, confirmed by the justices of the peace at their sessions, and filed in the manner hereinbefore directed; and in all cases where a committee shall be appointed for any particular purpose, the powers delegated to such committee shall be reduced into writing, and entered into a book by the secretary or clerk of such society, and a majority of the members of such committee shall at all times be necessary to concur in any act of such committee; and such committee shall, in all things delegated to them, act for and in the name of the society: and all acts and orders of such committee under the powers delegated to them, shall have the like force and effects as the acts and orders of such society at any general meeting thereof could or might have had in pursuance of this Act: Provided, always, that the transactions of such committee Transactions

cular ones entered in a

book.

of committee

to be entered in a book, and subject to re

view, &c., of society, as directed by rules.

Treasurer or

trustees to lay out money

with consent of society,

shall be entered in a book* belonging to such society, and shall be from time to time and at all times subject and liable to the review, allowance or disallowance, and control of such society, in such manner and form as such society shall by their general rules, confirmed by the justices and filed as aforesaid, have directed and appointed, or shall in like manner direct and appoint.

XIII. +That it it shall and may be lawful to and for the treasurer or trustee for the time being of any such society, and he, she, and they, is and are hereby authorised and required from time to time, by and with the consent of such society, to be had and testified in such manner as shall be directed by the general rules of such society, to lay out or dispose of such part of all such sums of money as shall at any time be collected, given, or paid, to and for the beneficial ends, intents, and purposes of such society as the exigencies of such society shall not call for the immediate on real secu- application or expenditure of, either on real or heritable

rities,

or in the

public funds, &c.

and to bring proceeds to

account for the use of the said

society.

Treasurer, &c. to render ac

counts.

securities or heritable property, to be approved of as aforesaid (such securities to be taken in the name of such treasurer or trustee for the time being), or to invest the same in the public stocks or funds, savings' banks, or government securities, or in any of the chartered banks in Scotland, or in the bank of the Commercial Banking Company of Scotland, and not otherwise, in the proper name of such treasurer or trustee; and from time to time, with such consent as aforesaid, to alter and transfer such securities and funds, and to make sale thereof respectively; and that all the dividends, interests, and proceeds, which shall from time to time arise from the monies so laid out or invested as aforesaid, shall from time to time be brought to account by such treasurer or trustee, and shall be applied to and for the use of such society, according to the rules thereof.

XIV. § That every person who shall have or receive any

and pay over monies, &c., to party ap

pointed by society, &c.;

part of the monies, effects, or funds, of or belonging to any such society, or shall in any manner have been or shall be entrusted with the disposal, management, or custody thereof, or of any securities, books, papers, or property relating to the same, his or her executors, administrators, and assigns respectively, shall, upon demand made, or notice in writing given or left at the last or usual place of residence of such persons, in pursuance of any order of such society, or committee to be appointed as aforesaid for that purpose, give in his or her account at the usual meeting of such society, or to such committee thereof as aforesaid, to be examined and allowed or disallowed by such society or committee thereof; and shall, on the like demand or notice, pay over all the monies remaining in his or her hands, and assign and transfer, or deliver, all securities and effects, books, papers, and property, taken or standing in his or her name as aforesaid, or being in his or her hands or custody, to the treasurer or trustee for the time being, or to such other person as such society or committee thereof shall appoint and in case of any neglect or refusal to deliver such account, or to pay over such monies, or to assign, transfer, or deliver such securities and effects, chequer, &c. books, papers, and property, in manner aforesaid, it shall and may be lawful to and for every such society, in the name of the treasurer or trustee, or other principal officer thereof, as the case may be, to exhibit a petition in the Court of Exchequer in England or Ireland, or in the Court of Sessions in Scotland, or the Court of Great who shall Sessions in Wales, respectively, who shall and may pro- upon in a sumproceed thereceed thereupon in a summary way, and make such order mary way. therein, upon hearing all parties concerned, as to such court in their discretion shall seem just, which order shall be final and conclusive; and all assignments, sales, and transfers made in pursuance of such order shall be good and effectual in law to all intents and purposes whatsoever.

:

and in case of neglect, application may

be made to the Court of Ex

XV. *That when and so often as any person seised or When trustees &c., are out of

court, or it be

uncertain whe

ther they are alive, or they refuse to con

vey, &c.,Court of Exchequer may appoint a

person to convey.

jurisdiction of possessed of any lands, tenements, hereditaments, or other property, or any estate or interest therein, as a rustee of any such society, shall be out of the jurisdiction of or not amenable to the process of the Court of Exchequer in England or Ireland, or the Court of Sessions in Scotland, or of the Court of Great Sessions in Wales, or shall be idiot, lunatic, or of unsound mind, or it shall be known or uncertain whether he or she be living or dead, or such person shall refuse to convey or otherwise assure such lands, tenements, hereditaments, or property, or estate or interest, to the person duly nominated as trustee of such society in their stead, either alone or together with any continuing trustee, as occasion shall require, then, and in every or any such case, it shall be lawful for the judges of the said courts respectively to appoint such person as to such court shall seem meet, on behalf and in the name of the person seised or possessed as aforesaid, to convey, surrender, release, assign, or otherwise assure the said lands, tenements, hereditaments, or property, or estate or interest, to such Such convey trustee so duly nominated as aforesaid; and every such conveyance, release, surrender, assignment, or assurance shall be as valid and effectual to all intents and purposes as if the person being out of the jurisdiction, or not amenable to the process of the said courts, or not known to be alive, or having refused, or as if the person being idiot, lunatic, or of unsound mind, had been at the time of the execution thereof of sane mind, memory, and understanding, and had by himself or herself executed the same.

ance, &c., declared valid.

When trustees in whose names stock

shall be stand ing at the Bank, or else where, shall be

XVI. *That when and as often as it shall happen that all and every person in whose name any part of the several stocks, annuities, and funds transferable, or which hereafter shall be made transferable at the Bank of England, or in the books of the Governor and Company of the Bank of absent, out of the jurisdic- England, is, are, or shall be standing as a trustee of any tion of the Exchequer, or be such society, shall be absent, out of the jurisdiction, or not bankrupts, &c. amenable to the process of the said Court of Exchequer in

the said Courts

* See p. 72.

dends paid.

to person appointed by

society.

England or Ireland, or the Court of Sessions in Scotland, may order the or the Courts of Great Sessions in Wales, or shall be a stock to be transferred, bankrupt, insolvent, or lunatic, or it shall be uncertain or and the diviunknown whether such trustee is living or dead, that then and in such case it shall and may be lawful to and for the judges of the said courts respectively to order and direct that the accountant-general, or the secretary, or deputysecretary, or other proper officer for the time being of the Governor and Company of the Bank of England, do transfer in the book of the said Company, such stock, annuities, or funds standing as aforesaid, to and into the name of such person as such society may appoint, and also pay over to such person as aforesaid the dividends of such stock, annuities, or funds; and when and as often as it shall happen that one or more only, and not all or both of such trustees as aforesaid, shall be so absent, or not amenable to such process as aforesaid, or a bankrupt, insolvent, or lunatic, or it be uncertain or unknown whether any one or more of such trustees is or are living or dead, that then and in all and every such last-mentioned case and cases, it shall and may be lawful to and for the judges of the said courts respectively, to order and direct that the other and others of such trustees who shall be forthcoming and ready, and qualified to act, do transfer such stock, annuities, or funds, to and into the name of such person as aforesaid; and also that such forthcoming trustee do also receive and pay over the dividends of such stock, annuities, or funds, as such society shall direct; and that all such transfers and payments so made shall be, and are hereby declared to be, valid and effectual to all intents and purposes whatsoever, any former statute, law, usage, or custom to the contrary thereof in anywise notwithstanding. XVII. *That no fee, reward, emolument, or gratuity No fee, &c., to whatsoever shall be demanded, taken, or received by any officer or minister of such courts for any matter or thing ing in such done in such courts in pursuance of this Act; and that upon

* See p. 72.

E

Transfers and payments de

clared valid.

be taken for

courts.