[ No. V. ] 31 Eliz. c. 11.-An Act of Explanation or Declaration of the Statute of octavo Regis H. 6. concerning forcible Entries, the Indictments thereupon found. No. V. 31 Eliz. c. 11. WHEREAS there is one good Act made and established in the eighth 31 Eliz. c. 11. year of the reign of King Henry the Sixth against such persons as 8 H. 6. c. 9. 'should make forcible entry into lands tenements and other possessions or them should forcibly hold; and one very good proviso or clause in 'the said Act contained as ensueth. II. Provided always, That they which keep their possessions with 'force in any lands, and tenements whereof they or their ancestors have continued their possession in the same by three years or more be not 'endamaged by force of the said statute. 6 nuance of Possessions by Three Years. 1 Salk. 353. III. And whereas divers of the Queen's Majesty's good and loving The Proviso in 'subjects and their ancestors or those whose estate they have for many the Statute of years together above the space of three years or more have been in 8 H. 6. c. 9. quiet possession of their dwelling-houses and other their lands and pos- touching Conti'sessions; and now of late divers of her Majesty's said subjects having entries made upon their possessions having had such quiet and long possession, for disturbing of such entrers and for keeping of their pos'session against such entrers by colour of indictments of forcible entry or forcible keeping possession found against them by means of the oaths of such entrers, have been removed and put out of their dwelling'houses and other their possessions which they have quietly held by the " space of three years together or longer time next before such indict'ments found against them, against the true meaning and intent of the 'said proviso or clause contained in the said Act:' (2) For remedy of which inconvenience and for true declaration and explanation of the law NoRestitution therein, (3) Be it ordained declared and enacted by the authority of this shall be made present Parliament, That no restitution upon any indictment of forcible if the Party inentry or holding with force be made to any person or persons if the per- dicted hath son or persons so indicted hath had the occupation or hath been in quiet been three years possession by the space of three whole years together next before the day in quiet Possesof such indictment so found and his her or their estate or estates therein sion, and his not ended or determined; which the party indicted shall and may allege Estate not endfor stay of restitution, and restitution to stay until that be tried if the ed. other will deny or traverse the same: (5) And if the same allegation be Raym. 84, 85. tried against the same person or persons so indicted, then the same per- Costs shall be Dyer, 141. son or persons so indicted to pay such costs and damages to the other awarded against party as shall be assessed by the judges or justices before whom the same the Party inshall be tried; the same costs and damages to be recovered and levied as dicted, if his is usual for costs and damages contained in judgments upon other ac- said Allegation tions. 5 R. 2. stat. 1. c. 7. 15 R. 2. c. 2. 4 II. 4. c. 8. 21 Jac. 1. c. 15. be found against [No. VI. ] 21 James I. c. 15.-An Act to enable Judges and Justices of the Peace to give Restitution of Possession in certain Cases. BE it enacted by the authority of this present Parliament, That such judges justices or justice of the peace as by reason of any Act or Acts him. 21 James L. c. 15. of Parliament now in force are authorised and enabled upon inquiry to 4 Inst. 176. give restitution of possession unto tenants of any estate of freehold of Restitution of their lands or tenements which shall be entered upon with force or from Possession shall them withholden by force, shall by reason of this present Act have the be given, to like and same authority and ability from henceforth (upon indictment avoid Entries of such forcible entries or forcible withholdings before them duly found) with Force, in to give like restitution of possession unto tenants for term of Estates for years tenants by copy of court-roll guardians by knights-service tenants by elegit statute-merchant and staple, of lands or tenements by them so holden which shall be entered upon by force or holden from them by force. 5 R. 2. stat. 1. c. 7. 15 R. 2. c. 2. 8 H. 6. c. 9. 31 El. c. 11. Latch, 183. Years, &c. PART VI. CLASS XVIII. 33 Geo. III. c. 54. 6 Persons may form themselves into a Society, and raise among themselves a Fund for their mutual Benefit, and may make Rules and im Friendly Societies, and Foundling Hospitals. [ No. 1.] 33 George III. c. 54.-An Act for the Encouragement and Relief of Friendly Societies.-[21st June 1793.] WHEREAS the protection and encouragement of Friendly Societies in this kingdom for raising by voluntary subscription of the mem'bers thereof separate funds for the mutual relief and maintenance of the said members in sickness old age and infirmity is likely to be attended with very beneficial effects by promoting the happiness of indi⚫viduals and at the same time diminishing the publick burthens;' May it therefore please your Majesty that it may be enacted; and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Any Number of Parliament assembled, and by the authority of the same, That it shall and may be lawful to and for any number of persons in Great Britain to form themselves into and to establish one or more society or societies of good fellowship, for the purpose of raising from time to time by subscriptions of the several members of every such society or by voluntary contributions, a stock or fund for the mutual relief and maintenance of all and every the members thereof in old age sickness and infirmity, or for the relief of the widows and children of deceased members; and to and for the several members of each such society or such number of them as shall be nominated a committee for that purpose, from time to pose Fines, &c. time to assemble together, and to make ordain and constitute such proper and wholesome rules orders and regulations for the better government and guidance of the same as to the major part of such society or such committee thereof so assembled together shall seem meet, so as such rules orders and regulations shall not be repugnant to the laws of this realm nor any of the express provisions or regulations of this Act, and to impose and inflict such reasonable fines and forfeitures upon the several members of any such society who shall offend against such rules orders or regulations as shall be just and necessary for duly enforcing the same, to be respectively paid to such uses for the benefit of such society, as such society by such rules orders or regulations shall direct; and also from time to time to alter and amend such rules orders and regulations as occasion shall require, or to annul and repeal the same, and to make new rules orders and regulations in lieu thereof, under such restrictions as are in this Act contained. (1.) (1.) In Rex v. Justices of Staffordshire, 12 East. 280. the Court of B. R. refused a Mandamus to allow the Rules of a Society of Roman Catholic Secular Priests, as not being within the meaning of the Act; the object of the Society not being confined to the charitable relief and maintenance of its old, sick, and infirm Members. There are many Societies established amongst journeymen in particular trades, ostensibly for the purposes of this Act, but really for the purpose of supporting illegal Combinations; and I have seen the Rules of such Societies (which have been inadvertently allowed) containing provisions which were evidently foreign from the purposes of the Act. At some Sessions it is the practice not to allow the Rules of any Society, of which all the Members are, by the Constitution of the Society, to be of the same occupation. No. I. II. Provided always, and be it further enacted by the authority aforesaid, That all such rules orders and regulations with all convenient speed 33 Geo. III. him. c..54. after the same shall be made altered or amended, and so from time to time after every making altering or amending thereof, shall be exhibited in writing to the justices of the peace assembled at the general quarter sessions of the peace or at any adjournment thereof in and for the county Rules of such riding division or shire where such society shall be established, and such Societies to be rules orders and regulations shall be subject to the review of such jus- exhibited to the tices, who shall and may after due examination thereof at the then or the Justices in then next subsequent session annul and make void all such rules orders Quarter Sesor regulations as shall be repugnant to this Act, and shall allow and sions, who may confirm all such rules orders and regulations as shall be conformable to annul or conthe true intent and meaning of this Act; and after the confirmation firm them. thereof by such justices all such rules orders and regulations so confirmed Rules to be shall be signed by the clerk of the peace at such sessions, and a duplicate signed by the thereof being first fairly wrote on parchment shall be deposited with Clerk of the the clerk of the peace at such sessions, to be by him filed with the rolls Peace, and der of the sessions there without any fee to be paid for any matter or thing posited with relating to the same; and such rules orders and regulations approved of and confirmed by the justices and filed as aforesaid shall be binding upon all parties during the continuance of the same; and no such so- No Society to ciety which shall hereafter be established shall be deemed or taken to be within the be within the intent and meaning of this Act until good and competent Meaning of rules orders and regulations for the government of the same shall have this Act till been confirmed by the justices and filed as aforesaid, according to the their Rules directions of this Act before mentioned: nor shall any such society have been con which hath already been established for the purpose aforesaid, be or be firmed. deemed or taken to be within the intent and meaning of this Act, unless all the rules orders or regulations under which such society is thereafter to be governed shall be exhibited and confirmed in manner aforesaid, and shall be filed at the general quarter sessions of the peace or at any adjournment thereof to be holden in and for the county riding division or shire where such society hath been established, at some time before or immediately next after the Feast of Saint Michael in the year one thousand seven hundred and ninety-four. tered but at a General Meeting of the Society, &c. III. Provided also, and be it further enacted by the authority aforesaid, No confirmed That no rule order or regulation confirmed by the justices of the peace in rule to be almanner aforesaid shall be altered rescinded or repealed, unless at a general meeting of the members of such society as aforesaid convened by publick notice in writing signed by the secretary or clerk of such society, in pursuance of a requisition for that purpose by three or more of the members of such society, and publicly read at the two usual meetings of such society to be held next before such general meeting for the purpose of such alteration or repeal, unless a committee of such members shall have been nominated for that purpose, in which case such committee shall be convened in like manner, and unless such alteration or repeal shall be made with the concurrence and approbation of threefourths of the members of such society then and there present, or by the like proportion of such committee as aforesaid if any shall have been nominated for that purpose; and such alteration or repeal shall be sub- Alterations of ject to the review of the justices at such general quarter sessions of the Rules to be peace or at any adjournment thereof as aforesaid, and shall be filed in subject to the the manner herein-before directed; and that no such rule order or regulation shall be binding or have any force or effect until the same shall have been agreed to and confirmed by such justices and filed as aforesaid. IV. And be it further enacted by the authority aforesaid, That every Society may such society shall and may from time to time at any of their general appoint Offi meetings or by their committee, if any such shall be appointed for that cers. society, elect and appoint such persons into the office of steward president warden treasurer or trustee of such society as they shall think proper, and also shall and may from time to time elect and appoint such clerks and other officers as shall be deemed necessary to carry into execution the purposes of such institution, for such space of time and for Quarter Ses Review of the sions. No. I. 33 Geo. III. c. 54. Securities to be such purposes as shall be fixed and established by the rules and regulations of such society, and from time to time to elect and appoint others in the room of those who shall vacate or die; and such treasurer or treasurers trustee or trustees and all and every other officer or officers or other persons whatever, who shall be appointed to any office in any wise touching or concerning the receipt management or expenditure of any sum or sums of money collected for the purpose of any such society, before he or they shall be admitted to take upon him or them the execution of any such office or trust shall (if required so to do by the rules or regulations of such society to which such officers shall belong) become bound with two sufficient sureties for the just and faithful execution of such office or trust, and for rendering a just and true account according to the rules orders and regulations of such society and in all matters lawful to pay obedience to the same, in such penal sum or sums of money as by the major part of such society at any such meeting as aforesaid shall be thought expedient, and to the satisfaction of such society; and that every such bend or bonds to be given by or on the behalf of such treasurer or treasurers trustee or trustees shall be given to the clerk of the peace of the county riding division or shire where such society shall be established for the time being without fee or reward; and in case of forfeiture it shall be lawful to sue upon such bond in the name of the clerk of the and other Per- peace for the time being for the use of the said society; and every such bond or bonds to be given by any other person or persons appointed to any such other office or trust as aforesaid shall be given to the treasurer or treasurers trustee or trustees as aforesaid of such society for the time being, to be by him or them respectively prosecuted for any forfeiture thereof, and for the use of such society to which such officer or officers shall belong; and no bond or other security to be given to or on account of any such society or in pursuance of this Act shall be charged or chargeable with any stamp duty whatever. Treasurers or Trustees to give Bond to the Clerk of the Peace; sons to the Treasurers or Bonds not chargeable with Stamp Duty. Appointment of Powers of Standing Com mittees to be declared in the Rules of the Society, and of particular ones V. And be it further enacted by the authority aforesaid, That every such society shall and may from time to time elect and appoint any number of the members of such society, not less than eleven, to be a committee, and shall and may delegate to such committee all or any of the powers given by this Act to be executed, who being so delegated shall continue to act as such committee for and during such time as they shall be appointed; and in all cases where a standing committee shall be appointed for such society for general purposes, the powers of such committee shall be first declared in and by the rules orders and regulations of such society, confirmed by the justices of the peace at their sessions, and filed in the manner herein-before directed; and in all cases where a committee shall be appointed for any particular purpose or purposes, the powers delegated to such committee shall be reduced into writing and entered into a book by the secretary or clerk of such society, and five of the members of such committee at least shall at all times be necessary to concur in any act of such committee, and such committee shall in all things delegated to them act for and in the name of such society; and all acts and orders of such committee under the powers delegated to them, shall have the like force and effect as the acts and orders of such society at any general meeting thereof could or might have had in pursuance of this Act: Provided always, that the transactions of such comcontroulable by mittee shall be from time to time and at all times subject and liable to Society. the review allowance or disallowance and control of such society, in such manner and form as such society shall by their general rules orders and regulations confirmed by the justices and filed as aforesaid have directed and appointed or shall in like manner direct and appoint. entered in a Book. Committees Treasurers or VI. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for the treasurer or treasurers trustee or trustees for the time being of any such society and he and they is and are hereby authorised and required from time to time by and with the consent of such society, to be had and testified in such manner as shall be directed by the general rules and orders of such society, to lay out or dispose of such part of all such sums of money as shall at any time be collected given or paid to and for the beneficial ends intents and purposes of such society, as the exigencies of such society shall not call for the immediate application or expenditure of, either on private securities to be approved of as aforesaid, (such securities to be taken in the name or names of such treasurer or treasurers trustee or trustees for the time being,) or to invest the same in the public stocks or funds in the proper name or names of !such treasurer or treasurers trustee or trustees, and from time to time with such consent as aforesaid to alter and transfer such securities and funds and to make sale thereof respectively. No. I. 33 Geo. III. c. 54. VII. And be it further enacted by the authority aforesaid, That all the and to bring the dividends interest and proceeds which shall from time to time arise from Proceeds to Acthe monies so laid out or invested as aforesaid, shall from time to time count for the be brought to account by such treasurer or treasurers trustee or trustees, and shall be applied to and for the use of such society according to the rules orders and regulations thereof. Use of the Society. &c. VIII. Provided always and be it further enacted by the authority afore- Treasurers, &c. said, That the treasurer or treasurers trustee or trustees for the time to render Acbeing, and all other officers of any such society who shall have or receive counts, and pay over Balances, any part of the monies effects or funds of such society, or shall in any manner have been or shall be entrusted with the disposition management or custody thereof, or of any securities relating to the same, his her and their executors administrators and assigns respectively, shall upon demand made in pursuance of any order by such society or committee to be appointed as aforesaid for that purpose, give in his or their account or accounts at a general meeting of any such society or to such committee thereof as aforesaid, to be examined and allowed or disallowed, and shall on the like demand pay over all the monies remaining in his or their hands and assign and transfer or deliver all securities effects or funds taken or standing in his or their name or names as aforesaid, or being in his or their hands or custody to the treasurer or treasurers or trustee or trustees for the time being or to such person or persons as such society shall appoint; and in case of any neglect or refusal to deliver such account or to pay over such monies or to assign transfer or deliver such securities or funds in manner aforesaid, it shall and may be lawful to and for every and in case of such society, in the name of the treasurer or treasurers trustee or trustees Neglect, Applithereof as the case may be, to exhibit a petition in the High Court of cation may be Chancery or the Court of Exchequer in England or the Court of Session made to the in Scotland or the Courts of Great Sessions in Wales respectively, who Court of Chanshall and may proceed thereupon in a summary way and make such cery, &c. order therein upon hearing all parties concerned as to such court in their discretion shall seem just; and all assignments and transfers made in pursuance of such order shall be good and effectual in law, to all intents and purposes whatsoever. IX. And be it further enacted by the authority aforesaid, That no fee No Fee to be reward emolument or gratuity whatsoever shall be demanded taken or taken for any received by any officer or minister of such court, for any matter or thing Proceedings in done in such court in pursuance of this Act; and that upon the present- such Courts, ing of any such petition, it shall be lawful for the Lord High Chancellor &c. the Master of the Rolls and Barons of the Exchequer respectively in England, or the Lords of Session in Scotland, or the Judges of any of the Courts of Great Sessions in Wales, to assign counsel learned in the law and to appoint a clerk of such court to advise and carry on such petition on the behalf of such society, who are hereby respectively required to do their duties therein without fee or reward; and that no such proceedings in such court in pursuance of this Act shall be chargeable with any stamp duty. X. And be it further enacted by the authority aforesaid, That if any Executors, &c. person appointed to any office by any such society, and being entrusted to pay Money with or having in his hands or possession any monies or effects belonging due to Societies to such society or any securities relating to the same, shall die or become before any other a bankrupt or insolvent, his executors or administrators assignee or assig- Debts. nees shall, within forty days after demand made by the order of any such society or the major part of them assembled at any meeting thereof, deli |