« EelmineJätka »
time of the birth of such child ; any law usage or custom to the contrary No. I. notwithstanding.
XXVI. And be it further enacted by the authority aforesaid, That 33. Geo. III. when any overseer or overseers of the poor of any parish township or
c. 54. place shall have been put to any charge in the maintaining any person or persons or their families residing in such parish township or place under Charges of the authority of this Act, or in removing any person or persons back to maintaining or the place to which he she or they shall belong after he she or they shall removing Resihave become actually chargeable or asked relief as aforesaid, such over- dents under seers shall from time to time be reimbursed such reasonable charges by this Act to be the overseers of the poor of the parish township or place to which such reimbursed by person or persons shall belong, the said charges being first ascertained the Parish to and allowed of by one or more of his Majesty's justices of the peace re
which the l'arșiding near the place where such charges shall be incurred; to be levied ties belong. in case of refusal of payment by distress and sale of the goods and chattels of such overseers of the poor as last aforesaid by warrant or warrants under the hand and seal or hands and seals of such justice or justices, returning the overplus if any there be; which warrant or warrants he or they is and are hereby required to grant.
XXVII. And be it further enacted by the authority aforesaid, That this Act shall be deemed a public Act; and be judicially taken notice Publick Act. of as such by all judges justices and other persons whomsoever without the same being specially pleaded.
[ No. II. ) 35 George III. c. 11).-An Act for more ef
fectually carrying into Execution an Act, made in the Thirty-third Year of the Reign of his present Majesty, intituled, An Act for the Encouragement and Relief of Friendly Societies; and for extending so much of the Powers thereof as relates to the framing Rules and Regulations for the better Management of the Funds of such Societies, and the Appointment of Treasurers to other Institutions of a charitable Nature.-(26th June
1795.] WHEREAS by an Act passed in the thirty-third year of the reign of 35 George III.
his present Majesty, intituled An Act for the Encouragement and c. 11l. • Relief of Friendly Societies, it was provided that no society which had 33 Geo. 3. c.54. • been established before the passing of the said Act for the purposes recited. • therein mentioned should be within the intent and meaning thereof, (unless all the rules orders or regulations under which such society • should thereafter be governed, should be exhibited confirmed and filed • at the general quarter sessions of the peace holden for the county riding
division or shire, at some time before or immediately next after the • Feast of Suint Michael one thousand seven hundred and nineiy-four : • And whereas many such societies may have inadvertently omitted to - take the benefit of the said Act :' 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 Parliament assembled, and by the authority of the same, That it shall be lawful for any such society to Societies esta» exhibit the rules orders and regulations made for its government at any blished before general quarter sessions of the peace, or at any adjournment thereof to passing recited be holden in and for the county riding division or shire where such Act may exhibit society hath been established, at any time before or immediately after their Rules for the Michaelmas session in one thousand seven hundred and ninety-six;
Confirmation and that such rules orders and regulations being confirmed in the
Quarter in the said recited Act directed may be filed at such sessions, and shall Sessions before be valid and as effectual as if the same had been exhibited confirmed
after Michael and filed within the time in the said recited Act limited.
No. II. II. · And whereas several benevolent and charitable institutions and
• societies are formed in this kingdom for the purpose of relieving by 35 Geo. III. « voluntary subscriptions and benefactions widows orphans and families c. 111.
• of the clergy and others in distressed circumstances : And whereas such • institutions have or may have funds which they may wish to place out
on public securities under the management of a treasurer: And whereas
• in order to give stability to such institutions, it is necessary that their Governors of property should be secured under the authority of Parliament:' Be it Institutions for therefore enacted, That it shall be lawful for the governors directors maRelief of nagers or members of any institution, for the purpose of relieving the Widoirs, &c. widows orphans and families of the clergy and others in distressed cirmay frame
cumstances, to frame good and wholesome rules for the management and Rules and pre- distribution of their funds, and the same from time to time to amend sent them for and alter or to make new rules as occasion shall require, and to procure Confirmation as the same to be presented to the justices of the peace for their confirmaSocieties esta- tion within the time herein-before limited and to be registered under and blished by virtue of recited
subject to the same conditions methods restrictions and regulations as Act.
the meinbers of societies to be established by virtue of the said recited
Act are directed to make alter amend or renew and register their rules. Institutions
III. And be it further enacted, That the governors directors managers whose Rules or members of any such institution, whose rules shall be confirmed and shall be con- registered according to the directions of the said recited Act, shall and firmed may ap- may appoint a treasurer who shall give such security as is directed by point Treasu- the said recited Act; and that such treasurer so appointed shall be subrers, &c. and ject to account for the funds belonging to such institution, and the same be entitled to shall be vested in such treasurer, and such treasurer shall sue and be the Benefit of
sued in such manner as is directed by the said recited Act; and that all this Act.
powers authorities rules methods directions regulations provisions conditions and restrictions in the said Act contained, so far as the same relate to the appointment of treasurers or to the taking security from such treasurer, and for protecting securing or recovering the funds vested in such treasurer, shall be extended to all and every the institutions established for the purposes herein-before mentioned by virtue of this Act or any of them; and all such institutions shall have and enjoy and be entitled unto the benefit of this Act with relation to the several matters before mentioned, as fully and effectually as any society established by virtue of the sail recited Act can or may have or enjoy the same; and all the powers authorities rules methods directions regulations provisions conditions and restrictions in the said Act contained in relation to the several matters before mentioned shall be applied and put in execution with respect to the several institutions established by virtue of this Act, as fully and effectually as if the same had been particularly repeated and re-enacted in this Act.
[ No. III. ] 43 Geo. IHI. c. lll.–An Act for enabling
Friendly Societies, intended to be established under an Act passed in the Thirty-third Year of the Reign of his present Majesty, to rectify Mistakes made in the Re
gistry of their Rules.-[27th July 1803.] 43 George III. WHEREAS by an Act passed in the thirty-third year of the reign of C, 111.
his present Majesty, intituled An Act for the Encouragement and • Relief of Friendly Societies;" it was enacted, that the rules orders and • regulations made or to be made for the government of the said socie' ties, in order to entitle the said societies to the benefit of the said Act,
should be first exhibited in writing to the justices of the peace as• sembled at the general quarter sessions of the peace or at some ad• journment thereof in and for the same county riding division or shire
where such society should be established, and should be subject to the . examination review allowance and confirmation of such justices: And
whereas several societies established in towns and places having peculiar
jurisdiction have inadvertently exhibited their rules orders and regu- No. III. • lations to the justices assembled at the general or quarter sessions, • having peculiar jurisdiction for such towns and places respectively, and 43 Geo. III. • not for the county riding division or shire at large, whereby they are or c. 111.
may be deprived of the benefit of the said Act : May it therefore please your Majesty that it may be enacted; and be it enacted by the Ring's most excellent Majesty, by and with the advice and consent of the Any Society Lords Spiritual and Temporal and Commons in this present Parliament ed their Reguassembled, and by the authority of the same, That it shall be lawful for lations at any any such society who shall have exhibited the rules orders and regula- Quarter Sestions made for government thereof at any general or quarter sessions sions for a pehaving peculiar jurisdiction for the town or place where such society is culiar Jurisdicestablished, and not to the sessions for the county riding division or shire tion, may exhiat large, to exhibit the rules orders and regulations of such society to the bit them to the justices assembled at any general quarter sessions or any adjournment Quarter Sesthereof to be holden for the county riding division or shire where such sions for the society is established, such rules orders and regulations hearing the cer- County, with a tificate of the town clerk or other proper officer of the time when such Certificate or rules orders and regulations were respectively first exhibited as aforesaid; such first Exhior to exhibit in like manner a duplicate or a true copy of such rules or
bition; and ders and regulations with an affidavit annexed, to be taken before any such Regulaone justice of the peace of the county riding division or shire where such tions being consociety is established, which such justice is hereby authorised to take, of formed, shall the time when such rules orders and regulations were respectively first then be valid exhibited as aforesaid, subject to the like examination review allowance from the Beginand confirination of the justices assembled at such last-mentioned general ning. quarter sessions or adjournment thereof, as is directed by the said recited Act; and such rules orders and regulations being confirmed by the justices at such last-mentioned general or quarter sessions or any adjournment thereof in manner directed by the said recited Act may be filed at such sessions, and shall be as valid and effectual from the time the same were first exhibited at the sessions having such peculiar jurisdiction as aforesaid, as if the same had been originally exhibited and filed at the sessions holden for the said county riding division or shire.
[ No. IV. ] 49 Geo. III. c. 125.–An Act to amend an Act
made in the Thirty-third Year of his present Majesty, for the Encouragement and Relief of Friendly Societies.
-[20th June 1809.] · WHEREAS great advantage has been derived as well to the publick 49 George III.
as to individuals by the establishment of friendly societies under c. 125. the authority of an Act of the thirty-third year of the reign of his pre- Two Justices, sent Majesty, intituled, An Act for the Encouragement and Relief of on Complaint, Friendly Societies: And whereas it is expedient to make further provi- may enforce the sion for the attainment of the good purposes intended thereby; Be it Observance of therefore enacted by the King's most excellent Majesty, by and with the any Rules; and advice and consent of the Lords Spiritual and Temporal and Commons levy any Arin this present Parliament assembled, and by the authority of the same, rears by DisThat if any person having been admitted a member of any society esta- tress and Sale. blished under the authority of the said Act shall offend against any of the rules orders or regulations of such society, it shall be lawful for any two justices of the peace residing within the county riding division shire stewartry city liberty or place within which such society shall be held, upon complaint made on oath by any member of such society to issue their summons to such person against whom such complaint shall be made, and upon his or her appearance or in default thereof upon due proof upon oath of the service of such summons such justices shall proceed to hear and determine the said complaint according to the rules orders and regulations of the said society confirmed as directed by the said Act, and shall make such order therein as to them shall seem just ; and in case the said justice shall adjudge any sum of money to be paid Vol. VII.
No. IV. by such person against whom such complaint shall be made, and such 49 Geo. III. person shall not on notice of such order forthwith pay the sum of money
so adjudged to the person or persons and in the manner directed by this el 125
Act, it shall be lawful for such justices and they 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, together with such costs as shall be awarded by the said justices and also the costs and charges attending such distress and sale,
returning the overplus (if any) to the owner. 33 Geo. 3. II. · And whereas it was provided by the said Act of the thirty-third c. 54. $ 2. 6 year of the reign of his present Majesty that no society to be established
• for the purposes therein recited should be deemed and taken to be • within the meaning of the same Act, unless the rules of the society
should be filed at the quarter sessions of the peace before the end of the
* year one thousand seven hundred and ninety-four, which time was en-35 Geo. 3. • Targed by an Act of the thirty-fifth year of his present Majesty's reign c. Il
to Michaelmas one thousand seven hundred and ninety-six: And whereas • it is expedient that all societies which were established under the au
thority of the first-recited Act for the laudable purposes thereby intended previously to the same having been passed should be allowed to file
their rules notwithstanding their having omitted to do so within the Benefits of re
. times limited;' Be it therefore enacted, that all such societies, the cited Act
rules orders and regulations of which shall have been exhibited to the 33 Geo. 3. ex. justices of the peace since Michaelmas one thousand seven hundred and tended to all ninety-six, or which shall at any time hereafter be exhibited in the manSocieties com- ner directed by the said recited Act of the thirty-third year of his present plying with Majesty, and which shall have been or shall be dealt with examined apthis Act. proved of and confirmed by the justices in the manner therein directed,
and have been or shall be deposited with the clerk of the peace and filed as directed also by the said Act, shall be deemed and taken to be within the intent and meaning of the said Act as amply and for all purposes as if their rules had been established within the periods limited in either of
the recited Acts. Two Justices III. And be it further enacted, That if complaint shall be made to may order Re two such justices of the peace by any member of such societies, of relief lief under said having been refused to him by any such society to which he shall be law. Act, and shall fully entitled according to the rules of the society to which he shall be specify the long, it shall be lawful for the said two justices of the peace residing
Time and Man- within the county riding division shire stewartry city liberty or place ner of Payment, within which such society shall be held, and such justices are hereby re
quired upon complaint made by or on the behalf of the person aggrieved thereby to summon the person, being an officer of the society against whon such complaint shall be niade, and upon his or her appearance or in default thereot upon due proof upon oath of the service of such summons such justices shall proceed to hear and determine the said complaint and award such sum of money to be forth with paid to the said complainant as shall appear to such justices to be due on such award as aforesaid together with such a sum for costs not exceeding the sum of ten shillings as to such justices shall seem meet; and if the said sums so to be awarded together with such costs shall not be furthwith and in the presence of such justice or justices paid to such complainant or to some person or persons there attending on the behalf of such complainant, then such justices shall by warrant under their hands and seals cause such sum and costs as aforesaid to be levied by distress or by distress and sale of the monies goods chattels securities and effects belonging to the said society together with all further costs and charges attending stich distress or such distress and sale, returning the overplus (if any) to the said society or to one of the treasurers or trustees thereof, and in default of such distress being found then to be levied by distress and sale of the proper goods of the officer or officers of the said society so neglecting or refusing as aforesaid, together with such further costs and charges as aforesaid, returning the overplus (if any) to the owner, and so from time to time as often as complaint shall be made of the non-payment of any sum or sums directed by such order to be paid as aforesaid such justices shall by like No. IV. warrant cause such arrears from time to time to be levied in the manner before directed : Provided always, that whaterer sums shall be paid by
49 Geo. III. any such officer or officers or levied on his or their proper goods in pur
c. 125. suance of the orier of any justice as aforesaid shall be repaid with all damages aecruing to him or them by and out of the monies belonging to such society or out of the first monies which shall thereafter be received by such society.
IV. And be it further enacted, That all orders made by justices of the Orders of Juspeace by virtue of the said Act or this Act upon the complaint of any per- tices shall be son having been admitted a member of any society established under the made on Offisaid Act who shall be aggrieved by any act matter or thing done or
cers of Socie omitted to be done by any such society, shall be made upon the presi- and served on
ties by Name, dents wardens stewards treasurers trustees or other principal officers of
them. the society to which such complaint shall relate, or any one or more of them or any of them at the discretion of the said justices in the proper name or names of such officer or officers; and every such order may be served upon the officer or officers so named therein, either by delivering a copy of the said order to such officer or officers or one of them or leaving the same at his last or usual place of abode; and such service shall be binding on such officer or officers and on the society to which such officer or officers shall belong, to do and perform or cause to be done or performed all and every the matters and things contained in and directed by such order to be donc according to the true intent and meaning thereof.
V. And be it further enacted, That every order adjudication or award All such Ore of any justice or justices under this Act shall be final and cunclusive to ders shall bin all intents and purposes, and shall not be removed or removeable into final. any court of law or restrained or restrainable by the injunction of any court of equity.
[ No. V. ] 57 Geo. III. c. 39.-An Act to extend certain
Provisions of the Acts of the Thirty-sixth and Fiftysecond Years of the Reign of his present Majesty to Matters of Charity and Friendly Societies.--[20th June
1817.] WIIEREAS it is expedient to extend the relief remedies provisions 57 Geo. III.': protections and indemnities made given and provided by the Act for
C. 39. the Relief of Persons equitably und beneficially entitled to or interested in the severul Stocks and Annuities transferable at the Bank of England; and by the Act, intituled An Act to extend the Provisions of an act passed in the Thirty-sixth Year of the Reign of his present Majesty, for the Relief
36 Geo, 3.c. 90. of Persons equitably entitled to stocks and Annuities transferable at the 52 Geo. 3. Bank of England; and of an Act passed in this present Sessiin for the Re- c. 158. lief of Infant Sujiors eniitled to the like Slocks and Annuities to all other transferable Stocks and Funds to certain cases herein specified, and not provided for by the said two Acts or by either of them: Be it therefore 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 Parliament assembled, and by the authority of the same, That from Extending cere and after the passing of this Act the said acts of Parliament and all the tain Provisions relief and remedies provisions protections and indemnities thereby pro- of recited Acts vided shall extend and be deemed and taken to extend and the same are to Charity and hereby declared and enacted to extend to all cases of petitions on which Friendly Sothe Court of Chancery or the Lord Iligh Chancellor or Commissioners cieties. of the Great Seal for the time being, or the Master the Rolls or the Vio Chancellor of England for the time being, or the Court of Exchequer are by law authorised and empowered to grant relief and make summary orders without suit, either in matters of charity or relative to or for the better security or for the application receipt payment or transfer of any