other officer, in the same way as any money awarded by arbitrators is recoverable under this act.2 20

26. In case of fraud or imposition on the funds, justices may summon the parties, and hear the complaint; upon proof of fraud, justices may award double the amount obtained, &c.; if money awarded is not paid, the same may be levied by distress; in default of distress, offender may be committed to prison.-And be it enacted, that for the more effectually preventing fraud and imposition on the funds of such societies, if any officer, member, or any other person being or representing himself to be, a member of such society or branch, or the nominee, executor, administrator, or assignee of any member thereof, or any other person whatever, shall in or by any false representation or imposition obtain possession of the moneys, securities, books, papers, or other effects of such society or branch, or any part thereof, or having the same in his or her possession shall withhold or misapply the same, it shall be lawful for any justice of the peace acting in the county or borough in which the principal place of business of such society is situated, upon complaint

and their decision be binding on all parties and final, and the arbitrators refused to hear the evidence of one side, the award was not final. It will be observed, that the previous section (viz., s. 23) of the present act only declares to be final and binding on all parties "the award so made" by the arbitrators, or so many as may be appointed for the purpose, according to the rules," so that the justices will have jurisdiction under this 24th section though the award be made, if it be not made according to the rules of the society.

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In case the justices make an order under this 24th section for a sum of money to be paid, they cannot proceed to enforce such order by distress without a previous summons to the party neglecting to pay being first issued, to show cause why the distress warrant should not issue; the order of the justices under this section being analogous to an award by arbitrators under the previous section (sect. 23): (Hammond v. Bendyshe, 18 L. J., M. C. 219, and 13 L. T. 486,) which was decided on the 28th sect. of 10 Geo. 4, c. 56, which gives a similar power to two justices to make an order directing what shall be paid, as that contained in this 24th section.

20 This is the same as 4 & 5 Will. 4, c. 40, s. 8. The money is to be recovered by summons before the justices, and distress in the mode directed by sect. 23 of the present act.

made on oath or affirmation by an officer of such society or branch appointed for that purpose, to summon such person against whom such complaint shall be made to appear at a time and place to be named in such summons; and upon his or her appearance, or in default thereof upon due proof upon oath or affirmation of the service of such summons, it shall be lawful for any two justices acting in the county or borough aforesaid to hear and determine the said complaint; and upon due proof of such fraud the said justices shall convict the said party, and award double the amount of the money so obtained or withheld to be paid to the treasurer, to be applied by him to the purposes of the society or branch, or order the said securities, books, papers, or other effects to be delivered to the society or branch, together with such costs as shall be awarded by the said justices, not exceeding the sum of twenty shillings; and in case such person against whom such complaint shall be made shall not pay the sum of money so awarded, to the person and at the time specified in the said order to deliver the said effects as aforesaid, such justices are hereby required, by warrant under their hands and seals, to cause the same to be levied by distress and sale of the goods of such person on whom such order shall have been made, or by other legal proceeding, together with such costs as shall be awarded by the said justices, not exceeding the sum of ten shillings, and also the costs and charges attending such distress and sale or other legal proceeding, returning the overplus (if any) to the owner; and in default of such distress being found, or of such effects as aforesaid being returned, the said justices of the peace shall commit such person so proved to have offended to the common gaol or house of correction, there to be kept to hard labour for such a period not exceeding three calendar months as to them shall seem fit provided nevertheless, that nothing herein contained shall prevent the said society or branch from proceeding by indictment or complaint against the party complained of; and provided also, that no party

C

shall be proceeded against by indictment or complaint if a previous conviction has been obtained for the same offence under the provisions of this act.2

21

27. Orders of justices to be final, and not removable into court of law, &c.-And be it enacted, that every sentence, order, and adjudication of justices under this act shall be final and conclusive to all intents and purposes, and shall not be subject to appeal, and shall not be removed or removable into any court of law, or restrained or restrainable by the injunction of any court of equity; and that no suspension, advocation, or reduction shall be competent : 22 provided always,

21 This section is very clumsily worded. The intention of the Legislature has been to extend the 10 Geo. 4, c. 56, s. 25 (on which this section has been framed), to cases of wrongful withholding of securities or effects of the society. This section empowers the justices to award costs not exceeding 20s., but if the order is not obeyed, the costs so awarded, which may be levied by distress, are not to exceed 10s. This evidently a mistake. Then, the framers of this section seem not to have contemplated money improperly obtained or withheld, except in the case where the effects of the society have also been withheld; for the only case in which a power of distress is given, is where the person shall not pay the sum so awarded to the person and at the time in the said order to deliver the said effects as aforesaid;" so that if there is no order to deliver the effects, the case in which a distress warrant may be issued will never arise, nor will there be any power to commit; in short, there will, in such case, be no means of enforcing the order of the justices for the payment of the sum awarded, except, perhaps, by indictment against the party for disobeying the order. Upon the trial of such indictment, a question may arise whether the proviso at the end of this section will prevent such proceedings by indictment after a previous conviction of the party by the justices, but we think, however, that if an objection of such kind should be started it will not prevail, as the indictment will be for not obeying the order, which is a different offence from that on which the conviction was obtained and the order was made. It is still to be regretted that this section is so defective in providing the means of compelling payment of the money awarded.

It is to be observed that although this section, in general words, gives power to a justice to summon a person who withholds or misapplies money or effects of the society, it applies only to where such withholding or misapplication is fraudulent, for it goes on to declare that "upon due proof of such fraud the said justices shall convict the said party," so that to obtain a conviction it is necessary to give evidence of fraud.

22 This is the same as 10 Geo. 4, c. 56, s. 29.

that in Scotland the sheriff, within his county, shall have such and the like power, authority, and jurisdiction which is in this act conferred upon any justice or justices of the peace, and shall exercise the same in such and the like form and manner as is used in cases of a summary nature, and in the recovery of small debts in the County Court.23

28. Treasurers, &c. to render accounts, and upon demand pay over moneys, &c. to party appointed by society, &c.; and in case of neglect application may be made to the registrar, who shall proceed thereupon in a summary way. And be it enacted, that every person who shall have or receive any part of the moneys, effects, or funds of or belonging to any such society or branch, or shall in any manner have been or shall be intrusted 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 not less than two trustees or three members of the committee or board of management, give in his account at the usual meeting of such society or branch, or to such committee or board of management, to be examined and allowed or disallowed; and shall, on the like demand or notice, pay over all the moneys remaining in his hands, and assign and transfer or deliver all securities and effects, books, papers, and property, in his hands or custody, to the treasurer or trustee for the time being, or to such other person as such committee or board of management shall appoint; and in case of any neglect or refusal to deliver such account, or to pay over such moneys, or to assign, transfer, or deliver such securities and effects, books,

23 This proviso for giving the like power to the sheriff in Scotland to decide disputes and punish in cases of fraud, &c., as is given by this act to justices, is new.

papers, and property, in manner aforesaid, it shall be lawful to and for the members of every such society, or committee or board of management thereof, in the name of the treasurer or trustee or other officer thereof, to apply by petition to the registrar, who shall and may proceed thereupon in a summary way, and make such order therein as to such registrar, in his discretion, shall seem just.24

29. On such reference registrar may inspect books and administer oaths; false evidence perjury.-And be it enacted, that on any proceedings before the said registrar he shall be authorized to inspect and to require the production before him of all books or other documents relating to the matter in dispute, and to administer an oath to any witness appearing before him ; and every person who upon such oath shall wilfully and corruptly give any false evidence before such registrar shall be deemed to be guilty of perjury.

30. Orders, &c. to be binding without appeal.—And be it further enacted, that all orders made by the registrar under the provisions of this act shall be final and binding on all parties, without appeal; and all assignments, orders, transfers, or sales made in pursuance of such order shall be valid and effectual in law; and if any person shall refuse or neglect to obey such order, and shall be convicted thereof, he shall be deemed guilty of a misdemeanor.25

31. Secretary of State to fix amount of fees payable

24 Previous to this act the mode of enforcing the delivery of accounts by treasurers was by petition in the Court of Exchequer, under the 10 Geo. 4, c. 56, s. 14; the reference, which is now to be by petition to the registrar, is likely to be more beneficial and satisfactory.

25 The 15th section of 9 & 10 Vict. c. 27, contained a clause like this, making the order of the registrar final, but the making disobedience to such order an offence of misdemeanor is new. The result will be, that an indictment will lie for not obeying any order made by the registrar under this act.