OBSERVATIONS

ON THE FRIENDLY SOCIETIES ACTS.

THE Acts regulating Friendly Societies are the 18 & 19 Vict. c. 63, the 21 & 22 Vict. c. 101, the 23 & 24 Vict. c. 58, and the 29 Vict. c. 34, and the following are the objects for which a Friendly Society may be established:

1. For insuring a sum of money not exceeding £200, to be paid on the birth of a member's child, or on the death of a member, or for the funeral expenses of the wife of a member, and also of a sum for the funeral expenses of a child of a member, not exceeding the sum of £6 for a child under five years of age, nor the sum of £10 for a child between the ages of five and ten. 2. For the relief or maintenance of the members, their husbands, wives, children, brothers, or sisters, nephews or nieces, in old age, sickness, or widowhood, or the endowment of the members or nominees of members at any age, but no annuity to exceed £30 a year, and no endowment to exceed £200.

3. For any purpose which shall be authorized by one of Her Majesty's Principal Secretaries of State, or in Scotland, by the Lord-Advocate, as a purpose to which the powers and facilities of the Act ought to be extended, (the purposes already authorized are mentioned in the note to section 9 of the Act.)

4. For the assurance to any amount against the loss by death of neat cattle, sheep, lambs, swine, and horses from disease or otherwise (a). 29 Vict. c. 34.

Any provident, benevolent, or charitable institution or society formed for the purpose of relieving the physical wants and necessities of persons in poor circumstances, or for improving the dwellings of the labouring classes, or for granting pensions, or for providing habitations for the members or other persons elected by them, may, by transmitting their rules to the Registrar, and obtaining his certificate as to their not being repugnant to law, become entitled to the benefit of so much of the Acts as relates to the appointment of and the vesting of the property of the society in trustees, their suing and being sued and their liability, the giving of security by the treasurer and the rendering of accounts by him, the settlement of disputes, purchasing of buildings for the purposes of

(a) Contributions for this kind of assurance are recoverable as a debt in the County Court, sect. 2.

the society, and the punishment of fraud, in the same manner as if it were a society established under these Acts.

Societies also whose rules are not certified may, by depositing them with the Registrar, obtain the benefit of such of the provisions of these Acts as relate to the settlement of disputes, and the punishment in a summary way of fraud or imposition upon the funds or property of the society.

Any society may be dissolved with the consent of five-sixths in value of the votes of the members, including honorary members, and of all those receiving any relief or annuity, unless the claims of such persons are duly satisfied, or adequate provision made for the purpose. The agreement for the dissolution must either set forth the intended division or appropriation of the funds, or refer such matter to the Registrar, and where the society is in an insolvent state, the Registrar may, upon the application of not less than five-eighths of the whole of the members, dissolve the same, if he shall upon investigation so think fit, and may direct how the funds and property of the society are to be divided. The agreement for the dissolution, when duly signed and sent to the Registrar, accompanied by a declaration of the provisions of the Act having been complied with, and also the award of the Registrar, is binding and effectual on all persons, unless proceedings are taken by any member to set aside the dissolution within three

months from the date of the Gazette in which the advertisement of the dissolution is inserted.

A society may transfer its engagement to any other society, upon such terms as the trustees and committee of management, or a majority of the members of each society, shall agree upon, and may change its name with the consent of the Registrar.

Buildings for the purpose of holding the meetings of the society may be purchased, built, or taken upon lease, and also adapted and furnished; land, not exceeding one acre, may also be taken for the purpose of erecting such a building, and such premises may be mortgaged, sold, exchanged, or let. Any building purchased or appropriated for the above purpose, belonging to any society established under any former Act, is to be considered as if required under these Acts. The money required for such purposes, and also for the expenses of management, is to be raised as directed by the rules.

Trustees of the society are to be appointed from time to time, and a copy of the resolution of every such appointment, signed by the trustee and the secretary of the society, is to be sent to the Registrar, and by him deposited with the rules of the society. All the real and personal property of the society is declared by the Act to be vested in the trustees, and all actions on behalf of the society are to be brought by them in their own names. Actions against the society may be brought either against

the trustees or the secretary. The trustees are only responsible for monies actually received by them on account of the society.

The treasurer, and also every other officer required by the rules to give security, must do so by bond with one surety before taking upon himself the execution of his office. Proceedings may be taken upon the bond for the balance appearing due from him upon his last account before the County Court, or any Superior Court, with liberty, however, for him to set off any sums paid by him for the society since such last account.

In case of the death or bankruptcy, of any officer of the society, or in the event of any execution against his property, &c., the society is entitled to receive payment in priority to all other creditors, of all monies in his hands belonging to the society by virtue of his office; and every person having in his possession any property of the society, and fraudulently withholding the same, is punishable in a summary way.

The rules of the society must make provision for certain matters, and in order to obtain the Registrar's certificate, two copies, signed by three members and the secretary, must be sent to him, and where the society purposes to grant any certain annuity or superannuation, the Tables must be certified by the Actuary of the National Debt Office, or by an Actuary of five years standing to some Life Assurance Company. The same process must be gone through on every alteration of the