No money to be paid on the death of a child without a certificate signed by a medical practitioner. and determined in manner directed by the Act passed in the fourteenth and fifteenth years of Her Majesty, chapter ninety-three. II. The tenth section of the said Act shall be repealed, and instead thereof be it enacted: In any society in which a sum of money may be insured, payable on the death of a child under the age of ten years, for the funeral expenses of such child, it shall not be lawful to pay any sum so insured unless the person who shall apply for such payment shall produce a certificate, signed by a qualified medical practitioner (a), stating the probable cause of death of such child; and if any trustee or officer of such society, upon an insurance of a sum payable on the death of any child under the age of ten years, shall knowingly pay a sum which shall raise the whole amount receivable from one or more than one society for the funeral expenses of a child under the age of five years to a sum exceeding six pounds, or of a child between the ages of five and ten years to a sum exceeding ten pounds, or shall pay any sum without indorsing the amount thereof on the back or at the foot of the medical certificate aforesaid, or if any parent or other person, who shall apply for such payment to more than one society, shall produce to the trustees or officers of one society, any other or different certificate than that which he shall have produced to the trustees or officers of any other society, such trustee, officer, parent, or other per (a) See 21 & 22 Vict. c. 90, s. 36, infra, p. 80. son shall be liable to a penalty not exceeding five pounds for every such act upon conviction before two justices of the county or borough in which such child shall have died: Provided, that if the said child shall have been attended immediately before its death by the medical officer of any union on account of such union, he shall deliver to the parents and friends of the deceased child upon their application, a certificate stating the probable cause of death of such child, and shall not be entitled to receive any fee for the same; and if such child shall not have been attended by such medical officer as aforesaid, nor by any qualified medical practitioner, the medical officer of the union or parish in which such child shall have been resident shall deliver to the parents or friends of the deceased child, upon their application, a certificate stating the probable cause of death of such child, and shall be entitled to receive from the parties applying for the same a fee of one shilling. of recited III. Sections sixteen and twenty-four of the said Extension Act shall extend and be applicable to all institutions Act as to and societies entitled to the benefit of section eleven of fraud, &c. of the said Act. punishment society to name. IV. Any Friendly Society may, with the approval Power to in writing of the Registrar, change its name; but change its no such change shall affect any rights or obligations of the society or any member thereof, and any legal proceedings may be continued or commenced by or against the trustees of the society, or any officer or the committee thereof, by and notwithstanding its new name. Disputes to be settled by Justices, if rules so direct. V. The proviso contained in section forty of the said Act shall be repealed, and in lieu thereof be it enacted, that where the rules of any society established under the said Act, or any of the Acts thereby repealed, shall direct disputes to be referred to justices, then any justice of the peace acting in the county or borough in which the place of business of such society shall be situated, upon complaint made by any member, his executors, administrators, nominee, or assigns, or by any person claiming under the rules of the society, of any matter in dispute between him or them and the society, to summon the person against whom such complaint is made to appear at a time and place to be named in such summons, and any two justices (a) present at the time and place mentioned in such summons shall proceed to hear and determine the said complaint, which complaint shall be heard and determined in England in manner directed by the Act passed in the eleventh and twelfth years of Her Majesty, chapter forty-three, and in Ireland in manner directed by the Act passed in the fourteenth and fifteenth of Her Majesty, chapter ninety-three; Justices may and such justices may make such order thereupon make order. either for the payment of money or otherwise, to gether with costs, not exceeding ten shillings, as they shall think fit (b); and where the order made shall be for the doing of some act other than the (a) See note to sect. 24 of 18 & 19 Vict. c. 63, supra, p. 27, as to the time within which the complaint must be made and the jurisdiction of the lord mayor, aldermen, police, and stipendiary magistrates. (b) Under 20 & 21 Vict. c. 43, s. 2, justices must grant a case if required. R. v. Lambarde, 1 Law Rep. (Q. B.) 389. payment of money, the said justices may order the payment of a sum of money in default of the doing of such act; and any monies which shall be paid by any officer of the society so levied on his property under any order or warrant (of) the justices shall be repaid, with all damages accruing to him, by the society (c): Provided always, that in Scot- Sheriff in land the sheriff within his county shall have the have same same jurisdiction as is hereby given to a justice or as justices. justices of the peace (d). Scotland to jurisdiction and 44 of extended to VI. Sections forty and forty-four of the said Act Sects. 40 shall extend and be applicable to disputes between said Act the excutors, administrators, nominee, or assigns of other disa member, and the trustees, treasurer, or other officer, or the committee of a society. putes. be proceeded behalf of a VII. In any proceeding under the said recited An officer to Act or this Act against a society it shall be suf- against on ficient to make the secretary or other officer of the society. society, at the time of the plaint or complaint being entered or made, the defendant in such proceeding, by his name and the title of the office he holds in the society; and the proceedings on such plaint or complaint shall be commenced and carried on (c) If no distress be found then under 11 & 12 Vict. c. 43, the party may be imprisoned. (d) The treasurer of a society resigned his office in April, 1856, and in June paid over certain monies to the society, but not all the monies demanded of him, which he denied to be due, and was therefore expelled the society under one of its rules. In November, 1859, an order was made by two justices reinstating him. Held, that this was not a dispute between the society and a member within the statute. Sinden v. Bankes, 7 Jur. 913. See note to sect. 41 of 18 & 19 Vict. c. 63. Acts to be considered against such officer on behalf of the society, and shall not be abated or prejudiced by the death, resignation, or removal, or by any act of such officer after the commencement thereof; and the summons to be issued to such officer may be served by leaving the same at the usual place of business of the society (a). VIII. [Repealed by 23 & 24 Vict. c. 58, s. 6.] IX. This Act and the said recited Act shall be as one Act. construed as one Act, and may be cited together for all purposes as the "Friendly Societies Acts, 1855 and 1858." In case of dissolution of 23 & 24 VICT. CAP. 58. An Act to amend the Act of the Eighteenth and Be it enacted by the Queen's most excellent Ma- I. In case of the dissolution of a society, accordsociety under ing to the provisions of the thirteenth section of 18 & 19 Vict. the Act passed in the eighteenth and nineteenth Sect. 13 of (a) This section does not repeal the 19th section of the 18 & 19 Vict. c. 63, but allows the secretary to be made a defendant as well as the trustees. |