Lord Chancellor may this respect. money, it shall be lawful for the judge of such county court in his said order to order the party to do such act, or that in default of his doing it he shall pay a certain sum of money; and in case he refuse or neglect to do the act required, upon demand in that behalf, the sum of money or penalty, in the said order may then be recovered in the same manner as a judgment for debt or damages in such court; and it shall not be lawful to remove the same by certiorari or other writ or process to any superior court of record (a). may XLIII. Provided, however, that the Lord Chanmake orders cellor may make such orders for regulating the proing the pro- ceedings by and before the judges of county courts ceedings in under this Act as he think fit; and in Scotland the court of session shall have the like power by act of sederunt as regards proceedings before sheriffs under this Act; and subject to such orders and acts of sederunt respectively, such judges and sheriffs may regulate the proceedings before them respectively, so as to render them as summary and inexpensive as conveniently may be (b). In the case of societies XLIV. In the case of any Friendly Society estawhose rules blished for any of the purposes mentioned in section IX. of this Act, or for any purpose which is not illegal, having written or printed rules, whose rules are not certified, dis putes be tween the (a) The orders of the county court may be enforced by imprisonment. Hoey v. Macfarlane, 4 C. B. Rep. 734; or by attachment. See Caraker v. Treacy, in the Liverpool County Court, set out in the Appendix. (6) For these orders see Appendix. its own mem settled as in tified so have not been certified by the Registrar, provided society and a copy of such rules shall have been deposited with bers to be the Registrar, every dispute between any member cases of ceror members of such society, and the trustees, trea- cieties. surer, or other officer, or the committee of such society, shall be decided in manner hereinbefore provided with respect to disputes, and the decision thereof, in the case of societies to be established under this Act, and the sections in this Act provided for such decision, and also the section in this Act which enacts a punishment in case of fraud or imposition by an officer, member, or person, shall be applicable to such uncertified societies: Provided always, that nothing herein contained shall be construed to confer on any such society whose rules shall not have been certified by the Registrar, or any of the members or officers of such society, any of the powers, exemptions, or facilities of this Act, save and except as in and by this section is expressly provided (c). the Regis and how to XLV. The trustees of Friendly Societies esta- Returns to blished under this Act or under any of the repealed trar, when Acts, or the officer thereof appointed to prepare be made. returns, shall, once in every year, in the months of January, February, or March, transmit to the Registrar a general statement of the funds and (c) By sect. 6 of 21 & 22 Vict. c. 101, the provisions of this section are extended to disputes between the executors, administrators, nominee, or assigns of a member, and the society. This section does not apply to disputes which may have arisen before the rules are deposited. Smith v. Pryor, 3 Jur., N. S., 387, (Appendix), nor, it would seem, by analogy, to frauds committed before that time. Certain so cieties esta granting annual pay ments to nominees before the year this Act. effects of such society during the past twelve months, or a copy of the last annual report of such society, and shall also, within three months after the expiration of the month of December, one thousand eight hundred and fifty-five, and so again within three months after the expiration of every five years succeeding, transmit to the said Registrar a return of the rate or amount of sickness and mortality experienced by such society within the preceding five years, in such form as shall be prepared by the said Registrar, and an abstract of the same shall be laid before parliament; and the Registrar shall also lay before parliament every year a report of his proceedings, in his office of Registrar, and of the principal matters transacted by Friendly Societies which have come under his cognizance during the past year (a). XLVI. And whereas under the provisions of the blished for Acts hereby repealed, or some of them, certain associations or societies have been formed in England and Ireland for the provident and charitable pur1850 to have pose of securing annual payments to the nominees privileges of of the members thereof, contingent upon the death of such members, and have invested their funds in the manner provided by such Acts, and doubts may arise whether such associations or societies will be entitled to the exemptions and privileges by this Act conferred in the event of such annual payments, amounting in the aggregate to more than thirty (a) See 23 & 24 Vict. c. 58, s. 7, for the penalties for not making these returns. pounds; and it is expedient to remove such doubts, and to give protection to such associations or societies, and to the funds thereof: Be it therefore enacted, that notwithstanding anything in this Act contained to the contrary, all such associations or societies as were founded and subsisting under the provisions of the said Acts previously to the fifteenth day of August, one thousand eight hundred and fifty, shall enjoy the exemptions and privileges by this Act conferred on societies to be established under the provisions of this Act as fully as if they had been registered and certified under this Act, and notwithstanding that the contingent annual payments to which the nominees of the present or future members of such associations or societies may become entitled shall exceed in the aggregate the sum of thirty pounds. tribution manded of a the militia XLVII. (b) In any case where the rules of any Extra consociety already enrolled or certified have provided may be dethat a member shall be deprived of any benefit by member reason of his enrolment or service in the militia, it serving in shall be lawful for the trustees of such society to require of any member a contribution exceeding the rate of contribution hitherto payable by such member, to an amount not exceeding one-tenth of such rate, during the time such member shall be serving out of the United Kingdom, or to suspend all claim of such member to any benefits of such society, and all claim of the society to any contributions payable by such member, during the time he may (b) See 17 & 18 Vict. c. 105; 22 & 23 Vict. c. 40, and 23 Vict. c. 13, infra. Act to apply to societies under the Industrial and Provident Societies Act, 1852. be serving in the militia out of the United Kingdom, provided that such suspension shall cease so soon as the said member shall return to the United Kingdom, and he shall thereupon be replaced on the same footing as before he went abroad with the regiment to which he belongs. XLVIII. All the provisions of this Act shall constituted 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 passing of the said Industrial and Provident Societies Act, 1852, are by the said last-mentioned Act directed to apply to societies constituted thereunder; and the limitation herein before contained of the amount of annuities and sums payable on the death of any person, or on any other contingency, in the case of societies established under this Act, shall apply to all societies constituted under the said Industrial and Provident Societies Act, 1852 (a). Interpretation of society. Extension of Commencement of Act. XLIX. That the word "society" shall extend to and include every branch of a society, by whatever name it may be designated. L. This Act shall extend to Great Britain and Ireland, the Channel Isles, and the Isle of Man. LI. This Act shall commence and take effect from the first day of August, one thousand eight hundred and fifty-five. (a) These Acts are repealed by 25 & 26 Vict. c. 87, s. 1, and see ss. 9 & 15. |