appoint an arbitrator, such last-mentioned party fail to appoint such arbitrator, then upon such failure the party making the request, and having himself appointed an arbitrator, may appoint such arbitrator to act on behalf of both parties, and such arbitrator may proceed to hear and determine the matters which shall be in dispute; and in such case the award or determination of such single arbitrator shall be final. any arbitrator to 129. If before the matters so referred shall be vacancy of determined arbitrator appointed by either party be supplied. die, or become incapable or refuse or for seven days neglect to act as arbitrator, the party by whom such arbitrator was appointed may nominate and appoint in writing some other person to act in his place; and if for the space of seven days after notice in writing from the other party for that purpose he fail to do so the remaining or other arbitrator may proceed ex parte; and every arbitrator so to be substituted as aforesaid shall have the same powers and authorities as were vested in the former arbitrator at the time of such his death, refusal, or disability as aforesaid. 130. Where more than one arbitrator shall have Appointment been appointed such arbitrators shall, before they of umpire. enter upon the matters referred to them, nominate and appoint by writing under their hands an umpire to decide on any such matters on which they shall differ; and if such umpire shall die, or refuse or for seven days neglect to act, they shall forthwith after such death, refusal, or neglect appoint another umpire in his place; and the decision of every such umpire on the matters so referred to him shall be final. call for books. 132. The said arbitrators or their umpire may Power of arcall for the production of any documents in the bitrators to possession or power of either party which they or he may think necessary for determining the question in dispute, and may examine the parties or Costs to be in the discretion their witnesses on oath, and administer the oaths necessary for that purpose. 133. Except where by this or the special act, of arbitrators. Or any act incorporated therewith, it shall be otherwise provided, the costs of and attending every such arbitration to be determined by the arbitrators shall be in the discretion of the arbitrators or their umpires, as the case may be. Submission to arbitration 134. The submission to any such arbitration may be made a rule of any of the superior courts, rule of court. on the application of either of the parties. to be made Societies how purpose formed. 18 & 19 VICT. CAP. 63. An Act to consolidate and amend the Law relating to Friendly Societies. [23rd July, 1855.] 9. It shall be lawful for any number of persons to and for what form and establish a friendly society, under the provisions of this act, for the purpose of raising by voluntary subscriptions of the members thereof, with or without the aid of donations, a fund for any of the following objects; (that is to say,) For payments on death. For relief in sickness, &c. For other purposes authorized by Secretary of State, &c. 1. For insuring a sum of money to be paid on 3. For any purpose which shall be authorized by Provided, that no member shall subscribe or contract for an annuity exceeding thirty pounds per annum, or a sum payable on death, or on any other contingency, exceeding two hundred pounds. withholding 21 & 22 Vict. c. 117, s. 3. 24. If any officer, member, or other person, being Punishment or representing himself to be a member of such of fraud in society, or the nominee, executor, administrator, or money. assignee of a member thereof, or any person what- c. 101, s. 1; soever, by false representation or imposition, shall 30 & 31 Vict. obtain possession of any monies, securities, books, papers or other effects of such society, or having the same in his possession, shall withhold or misapply the same, or shall wilfully apply any part of the same to purposes other than those expressed or directed in the rules of such society, or any part thereof, it shall be lawful in England for 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 person on behalf of such 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 23 & 24 Vict. two justices, present at the time and place mentioned in such summons, shall proceed to hear and 2 & 3 Vict. determine the said complaint, in manner directed 11 & 12 Vict. by the act passed in the eleventh and twelfth years c. 43, ss. 33 of her present Majesty, chapter forty-three; and 22 Vict. c. 78. in Scotland every such offence may be prosecuted 11 & 12 Vict. by summary complaint at the instance of the pro- 12 & 13 Vict. curator fiscal of the county, or of the society, with c. 73. his concurrence, before the sheriff; and if the said justices or sheriffs respectively shall determine the said complaint to be proved against such person, they shall adjudge and order him to deliver up all such monies, securities, books, papers, or other effects to the society, or to repay the amount of money applied improperly, and to pay, if they think fit, a further sum of money not exceeding twenty pounds, together with the costs not exceeding c. 58, s. 9. c. 71, s. 14; and 34; 21 & c. 43, s. 11; Copies of rules to be sent to regis trar, and his certificate obtained. 30 & 31 Vict. c. 117, s. 4. twenty shillings; and in default of such delivery of effects, or repayment of such amount of money, or payment of such penalty and costs as aforesaid, the said justices or sheriffs may order the said person so convicted to be imprisoned in the common gaol or house of correction, with or without hard labour, for any time not exceeding three months: provided, that nothing herein contained shall prevent the said society, or in Scotland, her Majesty's advocate, from proceeding by indictment against the said party: provided also, that no person shall be proceeded against by indictment if a conviction shall have been previously obtained for the same offence under the provisions of this act. 26. Two printed or written copies of such rules, signed by [three] of the intended members and the secretary or other officer, shall be transmitted to the registrar aforesaid, and the said registrar shall advise with the secretary or other officer, if required, for the purpose of ascertaining whether the said rules are calculated to carry into effect the intentions and object of the persons who desire to form such society, and if the registrar shall find that such rules are in conformity with law and with the provisions of this act he shall give a certificate and shall return one of the said copies to the said society, and shall keep the other in such manner as shall from time to time be directed by one of her Majesty's principal secretaries of state, and for which certificate no fee shall be payable to the said registrar; . . . . Provided always, that it shall not be lawful for the said registrar to grant any such certificate to a society assuring to any member thereof a certain annuity or certain superannuation, deferred or immediate, unless the tables of contributions payable for such kind of assurance shall have been certified under the hand of the actuary to the commissioners for reduction of the national debt, or by an actuary of some life assurance company established in London, Edinburgh, or Dublin, who shall have exercised the profession of actuary for at least five years, and such certificate be transmitted to the registrar, together with the copies of the rules aforesaid. received in evidence. c. 117, s. 3. 30. All rules and tables of any society established Rules how under this act or any of the said repealed acts, and all alterations and amendments thereof, and all 30 & 31 Vict. copies thereof or extracts therefrom, and all writings and documents relating to a friendly society, and purporting to be signed by the registrar, shall, in the absence of any evidence to the contrary, be received in all courts of law and equity and elsewhere without proof of the signature thereto. under 501. without ad c. 117, s. 3. 31. When, on the death of any member of a on death of society established under this act, or any of the member, sum said repealed acts, a sum of money not exceeding may be paid fifty pounds shall become payable, the same shall ministration. be paid by the trustees of such society to the person 30 & 31 Vict. directed by the rules thereof, or nominated by the deceased, in writing deposited with the secretary (such person being the husband, wife, father, mother, child, brother or sister, nephew or niece of such member); and in case there shall be no such direction or nomination, or the person so nominated shall have died before the deceased member, or in case the member shall have revoked such nomination, then such sum shall be paid to the person who shall appear to the said trustees to be entitled under the Statute of Distributions to receive the same, without taking out letters of administration in England or Ireland, and without confirmation in Scotland: provided, that wherever the trustee or trustees of Indemnity to any such society, after the decease of any member thereof, shall have paid and divided any such sum of money to or amongst any person or persons who shall at the time of such payment appear to such trustee or trustees to be entitled to the effects of any deceased member who has died intestate, with trustees. |