No. 49.

13th December, 1843.

And in case of neglect, application may be made to the Chancellor, &c.

CL. XIII.

are out of jurisdiction of Court, or there is uncertainty of their being alive, or they refuse to convey, &c., Chancellor may appoint a person to convey.

have been or shall be entrusted with the disposal, management, or custody thereof, or of any securities, books, papers, or property relating to the same, his 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 person, in pursuance of any order of such Society or Committee to be appointed as aforesaid for that purpose, give in his account at the usual meeting of such Society or to such Committee thereof as aforesaid, to be examined and allowed or disallowed by such Society or Committee thereof, 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 taken or standing in his name as aforesaid, or being in his hands or custody, to the Treasurer or Trustee for the time being, or to such other person as such Society or Committee thereof 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, papers, and property in manner aforesaid, it shall and may be lawful to and for every such Society, in the name of the Treasurer or Trustee or other principal Officer thereof, as the case may be, to exhibit a petition to the Chancellor, who shall and may proceed thereupon in a summary way, and make such Order therein, upon hearing all parties concerned, as to such Court in their discretion shall seem just, which orders shall be final and conclusive; and all assignments, sales, and transfers made in pursuance of such Order shall be good and effectual in law, to all intents and purposes whatsoever.

of

That when and so often as any person seized or possessed of any lands, Where Trustees, &c., tenements, or any property, or any estate or interest therein, as a Trustee any such Society, shall be out of the jurisdiction of or not amenable to the process of the Courts of this Island, or shall be idiot, lunatic, or of unsound mind, or it shall be unknown or uncertain whether he be living or dead, or such person shall refuse to convey or otherwise assure such lands, tenements, hereditaments, or property, or estate, or interest, to the person duly nominated as Trustee of such Society in his stead, either alone or together with any continuing Trustee, as occasion shall require, then and in every or any such case it shall be lawful for the Chancellor to appoint such person as to him shall seem meet, on behalf and in the name of the person seized or possessed as aforesaid, to convey, release, assign or otherwise assure the said lands, tenements, hereditaments, or property, or estate, or in trust to such Trustee so duly nominated as aforesaid; and every such conveyance, release, assignment, or assurance shall be as valid and effectual, to all intents and purposes, as if the person being out of the jurisdiction, or not amenable to the process of the said Courts, or not known to be alive, or having refused, or as if the person being idiot, lunatic, or of unsound mind had been at the time of the execution thereof of sane mind, memory and understanding, and had by himself or herself executed the same.

CL. XIV.

When Trustees are absent, &c., Court may order stock to be transferred and dividends paid.

That when and as often as it shall happen that all and every person in whose name any part of the several stocks, annuities, and funds transferable, or which hereafter shall be made transferable, in any of the securities herein named, is, are, or shall be standing as a Trustee of any such Society, shall be absent out of the jurisdiction, or not amenable to the process of the said Court of Chancery, or shall be a bankrupt, insolvent or lunatic, or it shall be uncertain or unknown whether such Trustee is living or dead, that then and in such case it shall and may be lawful to and for the Chancellor of the said Court to order and direct that the Secretary or Deputy Secretary, or Manager, or other proper Officer for the time being of the Public Treasury of this Island, or of any of the Savings Banks in the same, or of any of the Chartered Banks therein, do transfer in the Book of the said Public Treasury, Savings Bank, or Banking Company, such stock, annuities, or funds standing as aforesaid, to and into the name of such person as such Society may appoint, and also pay over to such person as aforesaid the dividends of such stocks, annuities or funds; and when and as often as it shall happen that one or more only, and not all or both of

such Trustees as aforesaid shall be so absent, or not amenable to such proces as aforesaid, or is bankrupt, insolvent or lunatic, or it be uncertain or unknown whether any one or more of such Trustees is or are living or dead, that then and in all and every such last-mentioned case and cases, it shall and may be lawful to and for the Chancellor to order and direct that the other and others of such Trustees who shall be forthcoming and ready and qualified to act, do transfer such stock, annuities or funds to and in the Lame of such person as aforesaid, and also that such forthcoming Trustee do also receive and pay over the dividends of such stock, annuities, or funds as such Society shall direct; and also such transfers and payments so made shall be and are hereby declared to be valid and effectual to all intents and purposes whatsoever.

No. 49.

13th December, 1843.

CL. XV.

That in all cases in which Orders shall be made by the Court aforesaid Who to be named in for the transfer of securities or funds transferable at the Public Treasury of Orders of Court for making transfers. this Island, or at any of the Savings Banks within the same, or at any of the Chartered Banks therein, the persons to be named in such Orders respectively for making such transfers shall be the Manager for the time being in whose name such securities or funds shall stand.

That this Act shall be and is hereby declared to be a full and complete indemnity and discharge to the Manager for all acts and things done or permitted to be done pursuant thereto, and that such acts and things shall not be questioned or impeached in any Court of Law or Equity to their prejudice or detriment.

That if any person who may hereafter be appointed to any Office in a Society established under this Act, and being entrusted with the keeping of the accounts, or having in his hands or possession, by virtue of his said office or employment, any moneys or effects belonging to such Society, or any deeds or securities relating to the same, shall die or become a bankrupt or insolvent, or have any extent, execution or attachment, or other process issued against his lands, goods, chattels, or effects, or property or estate real or personal, or make any assignment, disposition, or other conveyance thereof for the benefit of his creditors, his heirs, executors, administrators, or assignees, or other persons having legal right, the Provost Marshal or other Officer executing such process shall within forty days after demand made in writing by the Order of any such Society or Committee thereof, or the major part of them assembled at any meeting thereof, deliver and pay over all moneys and other things belonging to such Society to such person as such Society or Committee shall appoint, and shall pay out of the estates, assets, or any effects, real or personal of such person, or sums of money remaining due which such person received by virtue of his said office or employment, before any other of his debts are paid or satisfied, or before the money directed to be levied by such process as aforesaid is paid over to the party issuing such process; and all such assets, lands, goods, chattels, property, estates and effects, shall be bound to the payment and discharge thereof accordingly.

That all real estate and personal property, moneys, goods, chattels and effects whatever, and all titles, securities for money, or other obligatory instruments, and evidences or muniments, and all other effects whatever, and all rights and claims belonging to or had by such Society, shall be vested in the Treasurer or Trustee of such Society for the time being, for the use and benefit of such Society and the respective Members thereof, their respective executors or administrators, according to their respective claims and interests; and after the death or removal of any Treasurer or Trustee, shall vest in the succeeding Treasurer or Trustee, for the same estate and interest as the former Treasurer or Trustee had therein, and subject to the same trusts, without any assignment or conveyance whatever, except the transfer of stocks and securities in the Public Treasury of this Island, or any of the Savings Banks or Chartered Banks in the same; and also shall, for all purposes of action or suit, as well criminal as civil, in Law or in Equity, in anywise touching or concerning the same, be deemed and taken to be, and shall in every such proceeding (where necessary) be stated to be the property of the person appointed to the office of Treasurer or Trustee of such Society for the time being, in his proper name without further description; and

CL. XVI.

Act to be an indemnity to Manager &c.

CL. XVII.

Executors, &c., of Societies to pay money due to Society before any other debts.

Officers of Friendly

CL. XVIII.

Effects of Society Treasurer, who may bring and defend actions, &c.

vested in Trustees or

No. 49.

13th December, 1843.

CL. XIX.

In proceedings, a

witness.

such person shall, and he or she is hereby respectively authorised to bring or defend, or cause to be brought or defended any action, suit, or prosecution, criminal as well as civil, in Law or in Equity, touching or concerning the property, right, or claim aforesaid, of or belonging to or had by such Society, provided such person shall have been thereunto duly authorised by the consent of the majority of Members present at any meeting of the Society, or of a Committee thereof appointed with powers for such purpose; and such person so appointed shall and may, in all cases concerning the property, right, or claim aforesaid of such Society, sue and be sued, plead and be impleaded, in his or her proper name as Treasurer or Trustee of such Society, without other description, and no such suit, action or prosecution shall be discontinued or abate by the death of such person or his or her removal from the office of Treasurer or Trustee, but the same shall and may be proceeded in by the succeeding Treasurer or Trustee in the proper name of the person commencing the same, any law, usage, or custom to the contrary notwithstanding, and such succeeding Treasurer or Trustee shall pay or receive like costs as if the action or suit had been commenced in his or her name for the benefit of or to be reimbursed from the funds of such Society.

That on the trial of any action, indictment, or other proceeding Member a competent respecting the property of any Society to be enrolled under the authority of this Act, or in any proceedings before any Justice of the Peace, any Member of such Society shall be a competent witness, and shall not be objected to on account of any interest he may have as such Member in the result of such action, indictment, or other proceeding.

CL. XX. Payment to persons appearing to be next of kin declared valid.

CL. XXI. Payment of sums not exceeding £30 when Members die intestate.

CL. XXII. Justices may hear cases of fraud, and punish by fine or imprisonment.

That whenever the Trustees of any Society established under this Act, at any time after the decease of any Member, have paid and divided any sum of money to or amongst any person or persons who shall at the time of such payment appear to such Trustees to be entitled to the effects of any deceased intestate Member, the payment of any such sum of money shall be valid and effectual with respect to any demand of any other persons as next of kin of such deceased intestate Member, or as the lawful representatives of such Member, against the funds of such Society or against the Trustees thereof; but nevertheless such next of kin or representatives shall have remedy for such money so paid as aforesaid, against the persons who shall have received the same.

That in case any Member of any Society shall die who shall be entitled to any sum not exceeding Thirty Pounds, it shall be lawful for the Trustees or Treasurer of such Society, and they are hereby authorized and permitted, if such Trustees or Treasurer shall be satisfied that no Will was made and left by such deceased Member, and that no letters of Administration will be taken out of the funds, goods and chattels of such depositor, to pay the same at any time after the decease of such Member, according to the Rules and Regulations of the said Institution; and in the event of there being no Rules and Regulations made in that behalf, then the said Trustees or Treasurer are hereby authorized and permitted to pay and divide the same to and amongst the persons entitled to the effects of the deceased intestate, and that without Letters Testamentary or Letters of Administration having been taken out in this Island.

That for the more effectually preventing fraud and imposition on the funds of such Societies by any Officer, Member, or any other person being or representing himself to be a Member of such Society, or the nominee, executor, administrator, or assignee of any Member of such Society, or any other person whatever who shall, in or by any false representation or imposition, fraudulently obtain possession of the moneys of such Society or any part thereof, or having in his possession any sum of money belonging to such Society, shall fradulently withhold the sasae, and for which offence no especial provision is made in the Rules of such Society, it shall be lawful for any one Justice of the Peace residing within the parish within which such Society shall be held, upon complaint made on oath or affirmation by an Officer of such Society appointed for that purpose, to summon such person against whom such complaint shall be made to appear

No. 49.

13th December, 1813.

at a time and place to be named in such summons, and
upon his appear-
ance, or in default thereof upon due proof upon oath or affirmation of the
service of such summons, it shall and may be lawful for any two Justices,
or the Police Magistrate residing within the parish aforesaid, to hear and
determine the said complaint according to the Rules of the said Society,
confirmed as directed by this Act, and upon due proof of such fraud the
said Justices on Police Magistrate shall convict the said party, and award Conviction.
double the amount of the money so fraudulently obtained or withheld to
be paid to the Treasurer, to be applied by him to the purposes of the
Society so proved to have been imposed upon and defrauded, together
with such costs as shall be awarded by the said Justices, not exceeding
the sum of Ten Shillings; and in case such persons 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, such Justices or
Police Magistrate are hereby required, by warrant under their hands and Warrant of distress.
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 Jus-
tices or Police Magistrate, not exceeding the sum of Ten Shillings, and
also the costs and charges attending such distress and sale or other legal
proceeding, returning the surplus (if any) to the owner; and in default of
such distress being found, the said Justices of the Peace or Police Magis-

trate shall commit such person, so proved to have offended, to the common Commitment.
gaol or house of correction, there to be kept to hard labour for such a
period not exceeding one calendar month as to them shall seem fit: Pro- Proceeding by
vided nevertheless, That nothing herein contained shall prevent the said indictment, &c.
Society from proceeding by Indictment or complaint against the party
complained of; And provided also, That no party shall be proceeded against
by Indictment or complaint if a previous conviction has been obtained for
tho same offence under the provisions of this Act.

CL. XXIII.

Proceedings necessary

for Dissolution of a Society.

That it shall not be lawful for any such Society, by any Rule at any General Meeting or otherwise, to dissolve or determine such Society, so long as the intents and purposes declared by such Society or any of them remain to be carried into effect, without obtaining the votes of consent of five-sixths in value of the then existing Members of such Society, to be ascertained in manner hereinafter mentioned, and also the consent of all persons then receiving or then entitled to receive relief from such Society, either on account of sickness, age or infirmity, to be testified under their hands individually or respectively; and for the purpose of ascertaining the votes of such five-sixths in value, every Member shall be entitled to one vote, and an additional yote for every five years that he may have been a Member: Provided also, That no one Member shall have more than five votes in the whole; and in cases of dissolution the intended appropriation or division of the funds or other property of such Society shall be fairly and distinctly stated in the proposed plan of Dissolution, prior to such consent being given; nor shall it be lawful for such Society by any rule to direct the division or distribution of such stock or fund, or any part thereof, to or amongst the several Members of such Society other than for carrying into effect the general intents and purposes of such Society declared by them and confirmed by the Justices of the Peace as aforesaid according to the directions of this Act, but that all such Rules for the Dissolution or determination of any such Society, without such consent as aforesaid, or for the distribution or division of the property, stock, or fund of such Society contrary to the Rules which shall have been confirmed by the said Justices of the Peace at their Sessions and filed in pursuance of this Act, shall be void and of none effect; and in the event of such division of the property Penalties for illegal or misappropriation of the funds of such Society without the consent dissolution or division hereby declared to be requisite, the Trustee or other Officer or person aiding or abetting therein shall be liable to the like penalties as are herein before provided for in cases of fraud.

That provision shall be made by one or more of the Rules of every such Society, to be confirmed as required by this Act, specifying whether

Stock not divisible but for general purposes of Society.

of funds.

CL. XXIV.

Rules to be made directing how disputes

shall be settled.

No. 49.

13th December 1843.

CL. XXV.

Reference of disputes to Justices, if so

a reference of every matter in dispute between any such Society, or any
person acting under them, and any individual Member thereof, or person
claiming on account of any Member, shall be made to such of Her
Majesty's Justices of the Peace as may act in and for the parish in which
such Society may be formed, or to Arbitrators to be appointed in manner
hereinafter directed; and if the matter so in dispute shall be referred to
arbitration, certain Arbitrators shall be named and elected at the first
meeting of such Society or General Committee thereof that shall be held after
the enrolment of its Rules, none of the said Arbitrators being beneficially
interested directly or indirectly in the funds of the said Society, of whom a
certain number, not less than three, shall be chosen by ballot in each such
case of dispute; the number of the said Arbitrators and mode of ballot being
determined by the Rules of each Society respectively, the names of such
Arbitrators shall be duly entered in the Book of the said Society in which
Rules are entered as aforesaid; and in case of the death or refusal or
neglect of any or all of the said Arbitrators to act, it shall and may be
lawful to and for the said Society or General Committee thereof, and they
are hereby required, at their next meeting to name and elect one or more
Arbitrator or Arbitrators as aforesaid, to act in the place of the said
Arbitrator or Arbitrators so dying, or refusing or neglecting to act as afore-
said; and whatever award shall be made by the said Arbitrators or the
major part of them according to the true purport and meaning of the Rules
of such Society confirmed by the Justices according to the directions of
this Act, shall be in the form of this Act annexed, and shall be binding
and conclusive on all parties, and shall be final to all intents and purposes
without appeal, or being subject to the control of one or more Justices of
the Peace, 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 should either of the said parties in dispute refuse or neglect to comply
with or conform to the decision of the said Arbitrators or the major part
of them, it shall and mny be lawful for any one of the Justices of the
Peace residing within the parish within which such Society shall be held,
upon good and sufficient proof being adduced before him of such award
having been made, and of the refusal of the party to comply therewith,
upon complaint made by or on behalf of the party aggrieved, to summon
the person against whom such complaint shall be made to appear at a
time and place to be named in such summons,
and upon his appearance,
or in default thereof upon due proof upon oath of the service of such
summons, any two Justices of the Peace or the Police Magistrate may
proceed to make such Order thereupon as to them may seem just; and if
the sum of money so awarded, together with the sum for costs, not
exceeding the sum of Ten Shillings, as to such Justices shall seem meet,
shall not be immediately paid, then such Justices or Police Magistrate
shall, by warrant under their hands and seals, cause such sum and costs
as aforesaid to be levied by distress and sale of the moneys, goods, chattels,
securities, and effects belonging to the said party or to the said Society,
or [by] other legal proceedings, together with all further costs and
charges attending such distress and sale or other legal proceedings,
returning the surplus (if any) to the said party, or to the said Society,
or to one of the Treasurers or Trustees thereof; and in default of
such distress being found or such legal proceeding being ineffectual,
then to be levied by distress and sale of the proper goods of the
said party, or of the Officer of the said Society so neglecting or
refusing as aforesaid, by other legal proceedings, together with such
further costs and charges as aforesaid, returning the surplus (if any) to
the owner: Provided always, That whatever sum shall be paid by any
such Officer, so levied on his property or goods in pursuance of the award
of Arbitrators or order of any Justices, shall be repaid with all damages
to him by and out of the moneys belonging to such Society, or out of the
first moneys which shall be thereafter received by such Society.

That if by the Rules of any such Society, it is directed that any matter in dispute as aforesaid shall be decided by Justices of the Peace or the