registrar, to be by him deposited with the rules of the society or branch in his custody as aforesaid. 10

14. Limitation of responsibility of treasurer, &c.; treasurer, &c., liable for money actually received. -And be it enacted, that no treasurer or trustee or other officer of any society or branch established under the authority of this act shall be liable to make good any deficiency which may arise in the funds thereof unless he shall have declared, by writing under his hand, to be deposited with the registrar, that he is willing so to be answerable; and it shall be lawful for each of such persons to limit his responsibility to such

10 This clause is similar to 10 Geo. 4, c. 56, s. 21. It, however, dispenses with the necessity of obtaining the consent of the members to bringing or defending actions which is required by the 10 Geo. 4. The proviso that no person is to be deemed to be a trustee until his appointment has been sent to the registrar, is new. Until, however, this proviso has been complied with, no action can be maintained by the trustees, as in fact they are not trustees within the act, and the property does not vest in them until their appointment has been so transmitted. As to the necessity of complying with the act in order to sue in the name of the trustees, see Battey v. Townrow (4 Camp. 5.) But this restriction against suing will only apply when it will be necessary for the property to vest in them by virtue of their appointment as trustees in order to sue; there will be no reason why they may not sue on a bond, or even a bill of exchange, made payable to themselves. In Jones v. Woollam (5 B. & A. 769), a bond given to the plaintiff as the treasurer of a Friendly Society, for the use of the society, was held to be a security upon which the plaintiff might sue, though the rules and regulations of the society had not been confirmed at the quarter sessions, in pursuance of the statute 33 Geo. 3, c. 54, s. 2. See also Bawden v. Howell (4 Scott, N. R. 331), which was an action brought on a promissory note given to the plaintiffs, who were trustees of a Friendly Society, and on which they recovered, although the society had not been enrolled, because it did not appear from the note that the plaintiffs were trading as partners with any others. It is also to be observed that by sect. 16 it is declared, that if the trustees neglect to make the annual returns to the registrar required, or make a false one, they are to be incapable of suing on behalf of the society, until they have duly furnished such returns.

As the society is not to be deemed legally established until the rules of it have been duly certified by the registrar (see ante, sect. 6), no action can be brought until this has been done. For the mode of conducting proceedings by the society against its members, see post, sect. 22. A member is a competent witness on a trial (see post, s. 32.)

sum as shall be specified in such writing: provided always, that every treasurer, trustee, and other officer shall be personally responsible and liable for all moneys actually received by him on account of or for the use of such society or branch.

15. Trustees to transmit annual return to registrar.-And be it enacted, that the trustees or other officer of every such society or branch in whose charge the accounts of the said society are kept shall once in every year prepare or cause to be prepared a general statement of the funds and effects of such society or branch during the past twelve months, in such form as shall enable the registrar to make a return under the several heads set forth in schedule (F.) to this act annexed, as accurately as such officer may be able to furnish the information required, and shall transmit the same to the registrar on some day before the first of September in each year; and every such statement shall be attested by two trustees of such society, and by the auditor, if any such shall have been appointed, and shall be countersigned by the officer who keeps the accounts of such society; and every member shall be entitled to receive from the said society a copy of such statement on payment of sixpence.11

16. In default of such return, trustees to be incapable of bringing action.-And be it enacted, that if in any year such statement shall not have been transmitted as aforesaid on or before the last day of September, the registrar shall give notice to the trustees of such society or branch; and if the said statement shall not have been transmitted on or before the last day of December following, or if any fraudulent or wilfully false return shall have been transmitted, such trustees are hereby declared to be incapable of prosecuting any action in any court of law or equity on behalf of such society or branch until they shall have

11 This provision is taken from 10 Geo. 4, c. 56, s. 33.

duly furnished to the registrar such statement as aforesaid. 12

17. Quinquennial returns to be sent to registrar.And whereas it is desirable, for the better security of Friendly Societies, that correct calculations of tables of payment and allowances dependent on the duration of sickness and the probabilities of human life should be constructed for their assistance; and it is expedient to collect data and facts resulting from the experience of such societies from time to time, for the purpose of correcting such calculations: be it enacted, that the trustees or other officers as aforesaid of every society or branch established under the provisions of this act, in which any benefits are assured for an allowance in sickness, an annuity, deferred or immediate, or a sum to be paid on death, shall, within three months after the expiration of the month of December one thousand eight hundred and fifty-five, and so again within three months after the expiration of every five years succeeding, transmit to the registrar a return of the rate of sickness and mortality experienced by the society or branch within the preceding five years, in such form as shall be prepared for that purpose, and furnished to the trustees of every such society or branch, by the said registrar, under the direction of one of Her Majesty's principal Secretaries of State."

13

18. Registrar to prepare abstract of returns to be laid before Parliament.-And be it enacted, that the registrar shall cause to be made an abstract and report

12 It is presumed that in an action by trustees, the not furnishing the returns required by sect. 15, is a defence which must be specially pleaded, and cannot be given in evidence under the general issue, as it is not required that the trustees should prove that such returns have been made, in order to prove their cause of action.

13 The statute 9 & 10 Vict. c. 27, s. 6, imposed a penalty of 57. on the officer wilfully neglecting to make such quinquennial returns to the registrar. This is omitted in the present act, and there would consequently appear to be no punishment for such neglect. In crimina proceedings the indictment should lay the property in the trustee.

of all such annual and quinquennial returns, and shall lay the same before one of Her Majesty's principal Secretaries of State, and before both Houses of Parlia

ment.

19. When trustees shall be absent, &c., registrar may order stock to be transferred and dividends paid.—And be it enacted, that whenever it shall happen that any person in whose name any part of the several stocks, annuities, and funds transferable at the Bank of England, or in the books of the Governor and Company of the Bank of England, is or shall be standing as a trustee of any such society or branch, shall be out of England, Ireland, or Scotland respectively, or shall have been removed from his office of trustee, or shall be a bankrupt, insolvent, or lunatic, or it shall be unknown. whether such trustee is living or dead, it shall be lawful for the registrar to direct that the accountantgeneral, secretary, or deputy secretary, or other proper officer for the time being of the Governor and Company of the Bank of England, do transfer in the books of the said company such stock, annuities, or funds standing as aforesaid to and into the name of the newlyappointed trustee or trustees, and also pay over to such person or persons as aforesaid the dividends of such stock, annuities, or funds; and whenever it shall happen that one or more only, and not all or both, of such trustees as aforesaid, shall be so absent, or have been removed, or be a bankrupt, insolvent, or lunatic, or it be unknown whether any one or more of such trustees be living or dead, it shall be lawful for the said registrar to direct that the other and others of such trustees do transfer such stock, annuities, or funds to or into the name of such person so appointed trustee as aforesaid, jointly with the continuing trustees, if any, and also receive and pay over the dividends of such stock, annuities, or funds, as such society shall direct.14

14 This clause is similar to 9 & 10 Vict. c. 27, s. 17. The rules are to provide for the mode of appointing trustees: (ante, sect. 4.)

20. Act to be an indemnity to the bank.—And be it enacted, that this act shall be a full and complete indemnity and discharge to the Governor and Company of the Bank of England, and their officers and servants, for all acts and things done pursuant hereto; and such acts and things shall not be questioned or impeached in any court of law or equity to their prejudice or detriment.

21. Provisions of 39 Geo. 3, c. 79, and of 57 Geo. 3, c. 19, not to extend to Friendly Societies under this act. -And be it enacted, that the provisions of an act passed in the thirty-ninth year of the reign of King George the Third, intituled An Act for the more effectual Suppression of Societies established for seditious and treasonable Purposes, and for better preventing treasonable and seditious Practices, and also of another act passed in the fifty-seventh year of the reign of King George the Third, intituled An Act for the more effectual preventing seditious Meetings and Assemblies, shall not extend to any society or branch established under this act in which benefits are assured to the members depending on the laws of sickness and mortality, or to any meeting of the members or officers thereof, in which society or branch or at which meeting no business whatever is transacted other than that which directly and immediately relates to the objects of the society or branch as declared in the rules thereof, as they are set forth in the certified copy thereof: provided always, that the trustees or other officers of such society or branch, when required under the hand of two of Her Majesty's justices of the peace, shall give full information to such justices of the nature, objects, proceedings, and practices of such society or branch, and in default thereof the provisions of the said recited acts shall be in force with regard to such society or branch.15

15 The requiring the officers of the society to render information to the justices of the proceedings of the society is new. The clause is