Page images
PDF
EPUB

the several members, and all persons claiming by or under them.5

8. Societies granting annuities to have tables of such annuities certified by actuary.-Provided always, and be it enacted, that it shall not be lawful for the registrar to grant any certificate to any society assuring to any member thereof a certain annuity, deferred or immediate, unless the tables of contributions payable for such kind of assurance shall have been certified by an actuary as aforesaid or furnished by the registrar.6

9. Fees to be paid to registrar for certificates.—And be it enacted, that for every such certificate of rules of any Friendly Society a fee of one guinea shall be paid to the registrar, and for every certificate of rules of any branch of such society a fee of two shillings and sixpence; and for every certificate of amendment, repeal, or alteration of rules of any society or branch a fee of two shillings and sixpence shall be paid to the registrar.

10. Appointment and salary of registrar.—And be it enacted, that the future Registrars of Friendly Societies in England, Scotland, and Ireland respectively

5 Previously to the present act, the registrar could not certify the rules of any Friendly Society, established for the purpose of securing any benefit depending on the laws of sickness or mortality, unless the tables of such society had been certified by such actuary as is mentioned in this 7th section. Henceforth he may (except to societies granting annuities, see post, s. 8), but the society in such case will only be entitled to the certificate of, and become a registered Friendly Society. The advantage of being a certified Friendly Society is, that it may invest its moneys with the Commissioners for the Reduction of the National Debt: (see post, s. 38; see also sects. 40, 41, for other advantages reserved only to certified Friendly Societies.)

In the case of an alteration of the rules, the copies sent to the registrar to be certified had to be accompanied with an affidavit of one of the officers of the society, that the provisions of the act under which the rules had been enrolled, had been duly complied with: (see 4 & 5 Will. 4, c. 40, s. 4.) This is now no longer required.

See the preceding section. The form of the certificate required to be given by the actuary is in schedule (C.) to this act.

shall be appointed by the Commissioners for the Reduction of the National Debt, and shall hold office during the pleasure of the said commissioners; and it shall be lawful for Her Majesty to grant to the registrar in England already appointed a salary not exceeding one thousand pounds by the year, and to every registrar in England hereafter to be appointed a salary not exceeding eight hundred pounds by the year, and to every registrar in Ireland and Scotland respectively already or to be hereafter appointed such a salary as to the Commissioners of Her Majesty's Treasury shall seem meet, and every such salary shall be paid by four equal quarterly payments; and any registrar who shall be appointed, or shall die, resign, or be removed from his office, in the interval between two quarterly days of payment, shall be entitled to a part of his salary proportional to that part of such quarter of a year during which he shall hold his appointment.7

11. Treasurer to give bond.—And be it enacted, that every treasurer of any society or branch established under the provisions of this act, before he shall be admitted to take upon him the execution of any such office, shall become bound in a bond according to the form set forth in schedule (E.) to this act annexed, with two sufficient sureties, for the just and faithful execution of such office, and for rendering a just and true account according to the rules of such society or branch, in such penal sum of money as by the trustees or board of management shall be deemed expedient; and every such bond to be given by or on behalf of such officer shall be given to the trustees of the said society or branch for the time being; and in case of forfeiture it shall be lawful to sue upon such bond in the name of the trustees for the time being, for the use of the said society or branch; provided that such bond shall have in Scotland the same force and effect as a bond

7 This is substantially the same as 9 & 10 Vict. c. 27, s. 10.

in the form in use in Scotland containing a clause of registration.8

12. Trustees, &c. to invest funds.-And be it enacted, that the trustees or treasurer for the time being of any such society or branch, or of any society already established under any of the acts relating to Friendly Societies, shall and they are hereby required, from time to time, by and with the consent of such society or branch, to be had and testified in such manner as the rules shall direct, to lay out and invest such part of all sums of money as shall at any time be collected, given, or paid to and for the purposes of such society, as may not be wanted for the immediate use thereof, or to meet the usual accruing liabilities of such society or branch, in the names of such trustees, in any savings banks, subject to the provisions of acts in force relating to the same, or in any of the parliamentary stocks or public funds of Great Britain or Ireland, or at interest upon government securities, or in Bank of England stock, or in the stock or securities of the Honourable East India Company, or on mortgage of freehold, leasehold, or copyhold property, such leasehold being for a term of years absolute of which not less than thirty years shall be unexpired, and such copyhold being copyhold of inheritance, in Great Britain or Ireland, or on security of any heritable property, or in any chartered or other public jointstock bank in Scotland, or in or upon the security of any county or borough rates authorized to be levied and mortgaged by any act of Parliament, or on loan to any member of any such society on the security of any policy of assurance effected on his own life, provided that the amount of such loan shall not exceed the actual estimated value of such policy at the time such loan be made; and from time to time, with such con

The bond required to be given by the treasurer is similar to the one prescribed by 10 Geo. 4, c. 56, s. 11, except that it is to be given to the trustees of the society instead of to the clerk of the peace.

sent as aforesaid, to alter and transfer such securities and funds, and to make sale thereof respectively; and all dividends, interests, and proceeds which shall from time to time arise from the moneys so laid out or invested as aforesaid shall be brought to account by such trustees, and shall be applied to and for the use of such society or branch, according to the rules thereof: provided always, that it shall be lawful forthe trustees or treasurer as aforesaid, with the consent of such society or branch as aforesaid, to purchase, hire, or take upon lease any room or premises for the purpose of holding therein the meetings of such society or branch, or for the transaction of business relating thereto, and to hold the same in trust in and for the use of such society or branch, and to sell, exchange, let, and demise the same in whole or in part with the consent as aforesaid.9

13. Property vested in trustees; trustees may sue and be sued; no person to be deemed a trustee until his appointment shall have been forwarded to the registrar.

And be it enacted, that all hereditaments, moneys, goods, chattels, and effects whatever, and all titles, securities for money, or other obligatory instruments and evidences or muniments, and all rights or claims, belonging to or had by such society or branch, shall be vested in the trustees or trustee for the time being of the same, for the use and benefit of such society or branch, and the respective members thereof, their respective executors or administrators, according to their respective claims and interests, and after the death or removal of any trustees or trustee shall vest in the succeeding trustees or trustee for the same estate and interest as the former trustees or trustee

9 This clause is taken from the 10 Geo. 4, c. 56, s. 13, but is more extensive. The power to invest the funds on the security of county or borough rates, or on loan to a member of the society, is new. See post, s. 38, as to investing moneys with the Commissioners for the Reduction of the National Debt.

had therein, and subject to the same trusts, without any conveyance or assignment whatever, except the transfer of stocks and securities in the public funds of Great Britain and Ireland; and also shall, for all purposes of action or suit, as well criminal as civil, in law or in equity, in anywise touching or concerning the same, be deemed and taken to be, and shall in every such proceeding (where necessary) be stated to be, the property of the person or persons appointed to the office of trustee of such society for the time being, in his or their proper name or names, without further description; and such persons or person shall and they are hereby respectively authorized to bring or defend, or cause to be brought or defended, any action, suit, or prosecution, criminal as well as civil, in any court of law or equity, touching or concerning the property, right, or claim aforesaid of or belonging to or had by such society or branch; and such persons shall and may in all cases concerning the property, right, or claim aforesaid of such society, sue and be sued, plead and be impleaded, in any court of law or equity, in their or his proper names or name, as trustees or trustee of such society or branch, without other description; and no such suit, action, or prosecution shall be discontinued or abate by the death of such person or his removal from the office of trustee, but the same shall and may be proceeded in by the succeeding trustees or trustee in the proper name of the person commencing the same, and such succeeding trustees or trustee shall pay or receive like costs as if the action or suit had been commenced in his or her name, for the benefit of or to be reimbursed from the funds of such society or branch: provided always, that no person shall be deemed to be a trustee under the meaning of this act until the resolution of the society or branch appointing him trustee shall have been transmitted, under the hand of three members of the society or branch, and signed by such trustee, countersigned by the clerk or other principal officer, to the

« EelmineJätka »