No person to be exempt from answering questions in any court,

into any security for the benefit thereof, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to any of the punishments which the court may award, as hereinbefore last mentioned.

(c) See 20 & 21 Vict. c. 54, s. 8.

85. Nothing in any of the last ten preceding sections of this act contained shall enable or entitle any person to refuse to make a full and complete discovery by answer to any bill in equity, or to answer any but no per- question or interrogatory in any civil proceeding in disclosure in any court, or upon the hearing of any matter in any com. bankruptcy or insolvency; and no person shall be ceeding to be liable to be convicted of any of the misdemeanors in prosecution. any of the said sections mentioned by any evidence

son making a

pulsory pro

liable to

No remedy

at law or in equity shall

whatever in respect of any act done by him, if he shall at any time previously to his being charged with such offence have first disclosed such act on oath, in consequence of any compulsory process of any court of law or equity, in any action, suit or proceeding which shall have been bonâ fide instituted by any party aggrieved, or if he shall have first disclosed the same in any compulsory examination or deposition before any court upon the hearing of any matter in bankruptcy or insolvency.

86. Nothing in any of the last eleven preceding sections of this act contained, nor any proceeding, conbe affected. viction or judgment to be had or taken thereon against any person under any of the said sections, shall prevent, lessen or impeach any remedy at law or in equity which any party aggrieved by any offence against any of the said sections might have Convictions had if this act had not been passed; but no conshall not be viction of any such offender shall be received in evidence in any action at law or suit in equity against him; and nothing in the said sections contained shall affect or prejudice any agreement entered into or security given by any trustee, having for its object the restoration or repayment of any trust property misappropriated.

received in evidence in civil suits.

demeanors

87. No misdemeanor against any of the last twelve Certain mispreceding sections of this act shall be prosecuted or not triable at tried at any court of general or quarter sessions of sessions. the peace.

persons by

execute

90. Whosoever, with intent to defraud or injure Inducing any other shall by any person, false pretence fraudu- - fraud to lently cause or induce any other person to execute, deeds and make, accept, indorse or destroy the whole or any other instrupart of any valuable security, or to write, impress ments. or affix his name, or the name of any other person, or of any company, firm or copartnership, or the seal of any body corporate, company or society, upon any paper or parchment, in order that the same may be afterwards made or converted into or used or dealt with as a valuable security, shall be guilty of a misdemeanor, and being convicted thereof shall be liable, at the discretion of the court, to be kept in penal servitude for the term of three years, or to be imprisoned for any term not exceeding two years, with or without hard labour, and with or without solitary confinement (a).

(a) See Reg. v. Danger, 1 D. & B. C. C. 307.

c. 31.

THE INDUSTRIAL AND PROVIDENT

SOCIETIES ACT, 1862.

25 & 26 VICT. c. 87.

An Act to consolidate and amend the Lans relating to Industrial and Provident Societies (a).

[7th August, 1862.]

15 & 16 Vict. WHEREAS by the Industrial and Povident Societies Act, 1852, it is enacted, that it shall be lawful for any number of persons to establish a society under the provisions thereof and of the therein recited act, for the purpose of raising by voluntary subscriptions of the members thereof a fund for attaining any purpose or object for the time being authorized by the laws in force with respect to friendly societies or by the said recited act, by carrying on or exercising in common any labour, trade or handicraft, or several labours, trades or handicrafts, except the working of mines, minerals or quarries beyond the limits of the United Kingdom of Great Britain and Ireland, and also except the business of banking, whether in the said United Kingdom or elsewhere; and that the said act shall apply to all societies already established for any of the purposes herein mentioned, so soon as they shall conform to the 17 & 18 Vict. provisions hereof: and whereas by an act passed in

c. 25.

(a) Any company carrying on business other than that of mining may register under this act, see sect. 3, instead of registering under the Companies Act, 1862. It is said that the advantages which this act presents over the Companies Act, 1862, consist in the exemptions contained in the 15th section, and the power of winding-up given by the 17th section in the County Court instead of the Court of Chancery. This act, however, is applicable only to small schemes, as no member can hold or claim any interest in the company exceeding the sum of 2001. Post, sect. 9; see Thring's Law and Pr. of Joint Stock Companies, vol. 2, p. 189.

c. 40.

the seventeenth and eighteenth years of her present Majesty, chapter twenty-five, various provisions were made for the better enabling legal proceedings to be carried on in any matter concerning the societies formed under the said Act of 1852: and 19 & 20 Vict. whereas the last-mentioned act was amended by an act passed in the first session of the nineteenth and twentieth years of her present Majesty, chapter forty and whereas various societies have been formed and are now carrying on business under the provisions of the said recited acts, and it is desirable to consolidate and amend the laws relating to such societies; be it therefore enacted by, &c., as follows: 1. The Industrial and Provident Societies Act, Recited acts 1852, and the said recited acts for the amendment thereof, are hereby repealed from the passing of this

act.

repealed.

cieties regis

2. All societies registered under the Industrial As to soand Provident Societies Act, 1852, shall be entitled tered under to obtain a certificate of registration on application recited acts. to the registrar of friendly societies, and for which certificate no fee shall be payable to the registrar.

under this

3. Any number of persons, not being less than Constitution seven, may establish a society under this act for the of societies purpose of carrying on any labour, trade or handi- act (a). craft, whether wholesale or retail, except the working of mines and quarries, and except the business of banking, and of applying the profits for any purposes allowed by the Friendly Societies Acts (b), or otherwise permitted by law.

(a) See 25 & 26 Vict. c. 89, s. 6, ante, p. 5.

(b) The acts here referred to are 18 & 19 Vict. c. 63, 21 & 22 Vict. c. 101, and 23 & 24 Vict. c. 58.

The laws relating to friendly societies were consolidated by 13 & 14 Vict. c. 115, which was continued and amended by 15 & 16 Vict. c. 65, and 17 & 18 Vict. c. 101, and amended by 16 & 17 Vict. c. 123 and 17 & 18 Vict. c. 56.

See stat. 15 & 16 Vict. c. 31, to legalize the formation of industrial and provident societies, to which the provisions of the laws relating to friendly societies are in general made applicable. 15 & 16 Vict. c. 31, s. 8.

By 18 & 19 Vict. c. 63, s. 1, to consolidate and amend the law relating to friendly societies, the above acts (inter alia)

Rules.

Registration

are repealed, and that act is amended by 21 & 22 Vict. c. 101.

By sect. 48 of the act 18 & 19 Vict. c. 63, all the provisions of that act apply to all societies constituted under the Industrial and Provident Societies Act, 1852, in the same manner as the laws in force relating to friendly societies at the date of the latter act are thereby directed to apply to societies constituted thereunder.

The stat. 23 & 24 Vict. c. 58, amends the 18 & 19 Vict. c. 63, in regard to the mode of dissolving those societies when in an insolvent condition and establishing the proof thereof, and also the mode of enforcing penalties against the registrar for not making the annual returns required by sect. 6 of 9 & 10 Vict. c. 27. See also "The Friendly Societies Discharge Act, 1854," 17 & 18 Vict. c. 56.

4. The rules of every such society shall contain provisions in respect of the several matters mentioned in the schedule annexed to this act.

5. Two copies of the rules shall be forwarded to of society. the registrar of friendly societies of England, Scotland or Ireland, according to the place where the office of the society is situate, and shall be dealt with by him in the manner provided by the Friendly Societies Act, 1855 (d); and he shall thereupon give his certificate of registration, and such certificate shall in all cases be conclusive evidence that the society has been duly registered, and thereupon the members of such society shall become a body corporate, by the name therein described, having a perpetual succession and a common seal, with power to hold lands and buildings, with limited liability. (d) 18 & 19 Vict. c. 63.

6. The certificate of registration shall vest in the society all the property that may at the time be vested in any person in trust for the society; and all legal proceedings then pending by or against any such trustee or other officer on account of the society may be prosecuted by or against the society in its registered name without abatement.

7. A copy of the rules shall be delivered by the society to every person, on demand, on payment of a sum not exceeding one shilling.