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6. For any purpose which shall be certified to be legal in England or Ireland by Her Majesty's Attorney-General, or in Scotland by the Lord Advocate, as a purpose to which the powers and facilities of this act ought to be extended:

Provided always, that it shall not be lawful for any society or branch established under this act to assure the payment to or on the death of any member, or on any contingency, or for any of the purposes for which the payment of sums may be assured under this act, of any sum exceeding one hundred pounds, nor any annuity exceeding thirty pounds per annum, nor a sum in sickness exceeding twenty shillings per week.1

1 The first four objects mentioned in this section, as those for which societies may be formed, are the same as those specified in 9 & 10 Vict. c. 27, s. 1, with the exception that the first and second objects stated in the present act omit to provide for nominees of members. The omission of "nominees" is evidently intentional on the part of the Legislature, as appears from sect. 42 of the present act, which expressly makes it unlawful for a society established under any of the repealed acts to grant assurance for payment on death of members to their nominees. The word "assigns," in object No. 1 of this section, must therefore be construed as meaning only assignees in law, and be read in connexion with the preceding words, " executors, administrators," to refer only to the legal personal representatives of a deceased member. The restrictions to which object No. 1 is particularly made subject are those specified post, s. 3, and which are, that no assurance is to be effected for the payment of money on the death of a child under ten years of age, except a sum not exceeding 31. for the funeral expenses, nor for the payment of money on the death of a member, or the husband, wife or child of such, without a certificate of a surgeon or coroner to the effect that the deceased has not been murdered.

The fifth object, which provides for emigration, is quite new; it is to be observed, that the word "nominee" occurs in this part of the section, and therefore provision may be lawfully made for a nominee of a member, for the purpose of emigrating.

The provision at the end of this 2nd section, limiting the amount to be assured, is also new. The 9 & 10 Vict. c. 27, s. 1, contained a limitation as to assurances effected for any purpose requiring the certificate of the Attorney-General (being in fact a purpose other than was expressly mentioned in that act), and such limitation extended to a sum not exceeding 2007. In other cases, before the present act, there was no limitation.

It would appear that a Friendly Society is not an assurance company within the meaning of a covenant to effect a policy of assurance upon the covenantor's life, with some respectable assurance company: (see Courtenay v. Courtenay, 3 J. & L. 519.)

3. No sum to be paid on the death of a child except for funeral; certificate of surgeon or coroner required before money is paid on death of a member.And be it enacted, that in all societies established under the provisions of this act, or of any act relating to Friendly Societies, it shall not be lawful for the trustees or other officers of such societies to assure a sum of money to be paid on the death of a child, whether a member of such society or not, under the age of ten years, except the actual funeral expenses, not exceeding three pounds in case of such child, to be paid to the undertaker or person by whom the burial is conducted, and whose receipt alone shall be sufficient discharge to the society, nor to pay any sum of money which may have been insured and become payable on the death of any member thereof, or of the husband, wife, or child of any member, unless the party applying for the same shall produce and deliver to the officer a certificate, signed by a physician, surgeon, apothecary, or coroner, in the form (D.) set forth in the schedule to this act annexed, except in cases where from the nature of the circumstances it is impossible to procure such certificate; and if any officer of such society shall pay or cause to be paid such sum of money as aforesaid without such certificate as aforesaid, such officer shall be liable to a penalty not exceeding ten pounds, to be recoverable before any justice of the peace or magistrate of any borough where such society is established; and, upon conviction thereof, one half of the said penalty shall be paid to the informer, and he is hereby declared to be competent to give evidence in this case, and the other half shall be paid to the overseer of the parish in which the place of business of such society or branch is situated, to be applied to the relief of the poor therein.2

2 This clause is new, and it has been framed for the object of checking the crime of poisoning, which has of late been so fr quently committed for the sake of the moneys payable by Friendly Societies. The production of the certificate is to apply to all cases, and with respect to the case of a child there is to be this additional security, that except

4. Power to repeal or alter rules, and appoint committee and officers.-And be it enacted, that it shall be lawful for the persons intending to establish under the provisions of this act a Friendly Society or branch thereof to make or adopt rules for the government and guidance of the same, and to make such provision in the rules as they shall think fit, for ordaining, repealing, altering, or amending any rules, and to impose reasonable fines and forfeitures on any member offending against the regulations of the same, and to form a general committee or board of management, and to delegate to the same all or any of the powers given by this act, to be executed either with respect to the management of the society or branch, or the enactment, amendment, repeal, or alteration of the rules thereof; and in such rules there shall distinctly be set forth,3

1. The name and designation of such society or branch, and place where the business thereof is carried on, the whole of the objects and intentions for which it is founded, the whole of the purposes to which the funds thereof are applicable according to the rules and tables thereof, and the conditions under which any member, or

for funeral expenses (which are to be paid only to the undertaker), the child must not be under the age of ten. The 9 & 10 Vict. c. 27, s. 1, made it unlawful to effect insurances on the life of any child under six years of age, but offered no other protection against foul practices, whilst it prevented members making provision for the actual funeral expenses of their infant children.

Although where, from the nature of the circumstances, it is impossible to procure such certificate (as for example, perhaps in the case of death from shipwreck, &c.), the production of such certificate is dispensed with, the penalty is strangely made to attach in all cases, without exception, where the money is paid without such certificate. It behoves the officer paying to be careful in seeing that the signature to the certificate is genuine, as he may otherwise be liable to the penalty, although the certificate purport to be properly signed.

3 Most of the provisions made by this section are taken from 10 Geo. 4, c. 56, ss. 2, 3, 10, 12, 27. The requiring the rules to set forth the name and designation of the society new, as also the leaving it open to the rules to provide for the mode of appointment of the officers of the society, and of investing its funds. As to the mode previously required for these purposes, see 10 Geo. 4, c. 56, ss. 11, 13

party claiming under or by a member, may become entitled to any benefit assured thereby:

2. The manner of making, repealing, or altering rules, of appointing trustees, a treasurer, and an officer who shall keep the books and accounts, and prepare the returns required by this act, a general board or committee of management, and the duties and powers of each:

3. The mode in which the funds shall be invested:

4. The manner in which disputes between the society or branch, and any member thereof, or person claiming on account or through any member, shall be settled.

5. Separate accounts to be kept of money paid and received for each particular fund or benefit.-Provided always, and be it enacted, that the rules of every such society or branch shall provide that all moneys received or paid on account of each and every particular fund or benefit assured to the members thereof, their husbands, wives, children, or kindred, for which a separate table of contributions payable shall have been adopted, shall be entered in a separate account distinct from the moneys received and paid on account of any other benefit or fund.

6. Society or branch not legally established till rules certified. And be it enacted, that such society or branch shall not be deemed to be legally established under this act, nor be entitled to any of the provisions of the same, unless the rules and every amendment of rules or tables made from time to time thereof shall have been duly certified by the registrar as hereinafter provided.4

See the next section for the mode of obtaining the registrar's certificate.

7. Registrar to give certificate; certified Friendly Societies; registered societies.—And be it enacted, that two printed or written copies of all rules and tables adopted by such society or branch, together with the name and residence of every trustee thereof, signed by three members, and countersigned by the clerk or steward or other officer, with all convenient speed after the same shall be made, altered, or amended, and so from time to time after every making, altering, or amending thereof, shall be transmitted to the Registrar of Friendly Societies in England, Scotland, or Ireland, as the case may be; and so soon as the said registrar shall find the said rules to be framed in conformity with law, and that no rule or part thereof is repugnant to another, and that the same are reasonable and proper, he shall register the same; and if such rules and tables have been certified under the hand of the Actuary to the Commissioners for Reduction of the National Debt, or by some other actuary who shall have been for more than five years an actuary of some life assurance company established in London, Edinburgh, or Dublin, in the form set forth in schedule (C.) to this act annexed, and signed by him at the foot both of the rules and tables, or shall have been furnished to such society or branch by the registrar, the registrar shall give a certificate in the form set forth in schedule (B.) to this act annexed, and such society or branch shall be denominated certified Friendly Society; but if such rules and tables shall not have been so certified by an actuary as above mentioned, in such case the registrar shall give a certificate in the form set forth in schedule (A.) to this act annexed, and such society or branch shall be denominated registered Friendly Society; and the registrar shall return one of the copies to the society or branch, and shall keep the other in such manner as shall be from time to time directed by one of Her Majesty's principal Secretaries of State; and all rules, alterations or amendments thereof, when certified as aforesaid, shall be binding on

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