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s. 6.

c. 56.

with the Advice and Consent of the Lords Spiritual and Tem-
poral, and Commons, in this present Parliament assembled, and
by the Authority of the same, That so much of the said act as Repeal of
enacts that no Rules shall be allowed unless it shall appear

10 G. 4. c. 56. to the Justices to whom the same are tendered that the Tables of the Payment to be made by the Members, and of the Benefits to be received by them, may be adopted with Safety to all Parties concerned ; and so much as enacts that the Executors, Adminis- s. 20. trators, or Assignees of Bankrupts or Insolvents shall pay Money due to Friendly Societies before any other Debts; and so much s. 30. as enacts that the Funds of any Friendly Society may be subscribed into a Savings Bank; and so much as requires the Part of s. 34. Returns of the Rate of Sickness and Mortality to be made to the Clerk of the Peace, or as requires Clerks of the Peace to Part of s. 35. transmit such Returns to the Secretary of State, or as provides s. 36. that the Friendly Society refusing or neglecting to make such Return should cease to be entitled to the Privileges of the said recited Act; shall be and the same are hereby repealed.

II. · And whereas it is in and by the said recited Act provided Purposes for. ' that a Society may be established for the mutual Relief and which Societies • Maintenance of all and every the Members thereof, their Wives may be formed

10 . • or Children, or other Relations, in Sickness, Infancy, advanced "Age, Widowhood, or any other natural State or Contingency • whereof the Occurrence is susceptible of Calculation by way

of Average: And whereas it is expedient to extend the Object ' or Purpose for which a Society may be established under the • Provisions of the said recited Act; be it therefore enacted, That it shall and may be lawful for any Number of Persons in Great Britain and Ireland to form themselves into and to establish a Society, under the Provisions of the said recited Act, for the mutual Relief and Maintenance of all and every the Members thereof, their Wives, Children, Relations, or Nominees, in Sickness, Infancy, advanced Age, Widowhood, or any other natural State or Contingency whereof the Occurrence is susceptible of Calculation by way of Average, or for any other Purpose which is not illegal: Provided always, that when the Rules of any Society provide for Relief in any other Case than that of Sickness, Infancy, advanced Age, Widowhood, or other natural State or Contingency as aforesaid, the Contributions for such other Purpose shall be kept separate and distinct, or the Charges defrayed by extra Subscriptions of the Members at the Time such Contingencies take place.

III. And be it further enacted, That so much of the said Repeal of recited Act as relates to the Rules of Friendly Societies being 10 G. 4. c. 56. transmitted to the Barrister or Advocate, and deposited with the s... and Part

of s. 7. Clerk of the Peace and certified by him, as well as so much as relates to Alterations of Rules being certified by the Clerk of the Peace, and that no Rule or Alteration or Amendment should be binding until confirmed by the Justices, and filed under the recited Act, shall be and the same are hereby repealed.

IV. And be it further enacted, That Two Transcripts, fairly Two Tran. written on Paper or Parchment, of all Rules made in pursuance scripts of Rules of the said recited Act or this Act, signed by Three Members, to be submitted

to a Barrister, and countersigned by the Clerk or Secretary, (accompanied, in

&c. by wliom the

they are to be the Case of an Alteration or Amendment of Rules, with an Afficertified. davit of the Clerk or Secretary or One of the Officers of the said

Society that the Provisions of the said recited Act, or of the Act under which the Rules of the Society may have been enrolled, have been duly complied with,) with all convenient Speed after the same shall be made, altered, or amended, and so from Time to Time after every making, altering, or amending thereof, shall be submitted, in England and Wales and Berwick-upon-Tweed, to the Barrister at Law for the Time being appointed to certify the Rules of Saving Banks, and in Scotland to the Lord Advocate or any Depute appointed by him for that Purpose, and in Ireland to such Barrister as may be appointed by His Majesty's Attorney General in Ireland, for the Purpose of ascertaining whether the said Rules of such Society, or Alteration or Amendment thereof, are calculated to carry into effect the Intention of the Parties framing such Rules, Alterations, or Amendments, and are in con

formity to Law and to the Provisions of the said recited Act or Barrister, &c. this Act; and that the said Barrister or Advocate shall advise to certify both with the said Clerk or Secretary, if required, and shall give a Transcripts.

Certificate on each of the said Transcripts, that the same are in conformity to Law and to the Provisions of the said recited

Act and this Act, or point out in what Part or Parts the said Fee payable to Rules are repugnant thereto ; and that the Barrister or AdvoBarrister. cate, for advising as aforesaid, and perusing the Rules, or Altera

tions or Amendments of the Rules, of each respective Society,

and giving such Certificates as aforesaid, shall demand no further One Transcript Fee than that specified in the said recited Act; and one of such to be returned Transcripts, when certified by the said Barrister or Advocate, to Society, the other to be

shall be returned to the Society, and the other of such Transcripts sent to Clerk of shall be transmitted by such Barrister or Advocate to the Clerk Peace,

of the Peace for the County wherein such Society shall be formed, and by him laid before the Justices for such County at the General Quarter Sessions, or Adjournment thereof, held

next after the Time when such Transcript shall have been so Justices to con- certified and transmitted to him as aforesaid ; and the Justices firm Rules.

then and there present are hereby authorized and required, Transcript to without Motion, to allow and confirin the same; and such Tranbe filed.

script shall be filed by such Clerk of the Peace with the Rolls

of the Sessions of the Peace in his Custody, without Fee or Rules, &c. to be Reward; and that all Rules, Alterations and Amendments thereor, binding when from the Time when the same shall be certified by the said Barcertified.

rister or Advocate, shall be binding on the several Members and Officers of the said Society, and all other Persons having Interest

therein. Barrister not to V. Provided always, and be it enacted, That the said Barrister be entitled to shall be entitled to no further Fee for or in respect of any AlteraFee in respect

tion or Amendment of any Rules upon which One Fee has been of Alterations within 3 Years, already paid to the said Barrister within the Period of Three nor for Certifi-' Years : Provided also, that if any Rules, Alterations or Amendcate to Rules ments, are sent to such Barrister or Advocate, accompanied with being Copies of an Affidavit of being a Copy of any Rules, or Alterations or those already Amendments of the Rules, of any other Society, which shall enrolled.

have been already enrolled under the Provisions of the said recited Act or this Act, the said Barrister or Advocate shall

certily

be sent to Barrister.

certify and return the same as aforesaid, without being entitled to any Fee for such Certificate.

VI. And be it further enacted, That the Returns of the Rate Returns of of Sickness and Mortality according to the Form prescribed in Sickness, &c. to the Schedule appended to the said recited Act shall be transmitted at the Periods therein mentioned to the Barrister or Advocate by whom the Rules of the Society may have been certified, and shall by such Barrister or Advocate be transmitted to the Secretary of State, for the Purposes in the said recited Act provided.

VII. • And whereas in and by the said recited Act Provision If Rules of • is directed to be made by the Rules of every Society whether Society direct

Reference in • Reference of any Matter in dispute shall be made to Justices

case of Dispute • or to Arbitrators: And whereas it is expedient that further to Arbitration, - Provision should be made in case the Reference is to Arbi- and Society re* trators ;' be it therefore enacted, That when the Rules of any fuse to grant Society provide for a Reference to Arbitrators of

any
Matter in Arbitrators, &c.

Justices may dispute, and it shall appear to any Justice of the Peace, on the

determine the Complaint on Oath of a Member of any such Society, or of any Dispute. Person claiming on account of such Member, that Application has been made to such Society, or the Steward or other Officer thereof, for the Purpose of having any Dispute so settled by Arbitration, and that such Application has not within Forty Days been complied with, or that the Arbitrators have neglected or refused to make any Award, it shall and may be lawful for such Justice to summon the Trustee, Treasurer, Steward, or other Officer of the Society, or any One of them against whom the Complaint is made, and for any Two Justices to hear and determine the Matter in dispute, in the same Manner as if the Rules of the said Society had directed that any Matter in dispute as aforesaid should be decided by Justices of the Peace, any thing in the said recited Act contained to the contrary notwithstanding

VIII. And be it further enacted, That in case any Member of Provision in a Friendly Society established under the said recited Act or this case Member Act shall have been expelled from such Society, and the Arbi

of Society is

expelled. trators or Justices, as the Case may be, shall award or order that he or she shall be reinstated, it shall and may be lawful for such Arbitrators or Justices to award or order, in default of such Reinstatement, to the Member so expelled, such a Sum of Money as to such Arbitrators or Justices may seem just and reasonable ; which said Sum of Money, it' not paid, shall be recoverable from the said Society, or the Treasurer, Trustee, or other Officer, in the same way as any Money awarded by Arbitrators is recoverable under the said recited Act.

IX. And be it further enacted, That it shall be lawful for Funds of any Society established under the Authority of the said recited Friendly SoAct or this Act from Time to Time to subscribe the Whole or ciety may be any Part of the Funds of such Society into the Funds of any In

deposited in

Savings Bank. stitution which shall have taken the Benefit of an Act passed in the Ninth Year of the Reign of His late Majesty King George the Fourth, intituled An Act to consolidate and amend the Laws 9 G. 4. c. 92. relating to Savings Banks, subject to the Provisions in that Act contained relating to Friendly Societies, except so much thereof

as

as restricts the Amount allowed to be invested, which Restriction as to the Amount allowed to be invested by any Friendly Society is hereby repealed : Provided always, that it shall not be necessary for the Trustees of any Savings Bank to enrol at the Sessions any Alteration in the Rules of such Institution which may be

occasioned by the Provision herein contained. Members of X. And be it further enacted, That on the Trial of any

Action, Friendly Socie- Indictment, or other Proceeding respecting the Property of any ties may be Witnesses.

Society enrolled under the Authority of the said recited Act or 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 Interests he may have as such Member in the Result of such Action, Indictment,

or other Proceeding. No Fee for XI. And be it further enacted, That no Fee shall be charged Oaths before

to any Member of any Friendly Society whatever for any Oath Magistrales in

or Oaths which he may be legally required to make before obtaining Pay

a Magistrate or Magistrates in order to obtain the Payment of ment of Sick Pay.

his Sick Pay or Allowance; any Law, Usage, Rule, or Custom

to the contrary notwithstanding Executors, &c. XII. And be it further enacted, That if any Person already of Officers of

appointed or who may hereafter be appointed to any Office in Friendly So

a Society established under the said recited Act or this Act, ciety to pay

and being entrusted with the keeping of the Accounts, or having Money due to Society before in his Hands or Possession, by virtue of his said Office or Employany other Debls. ment, any Monies 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 Execution or Attachment or other Process issued, or Action or Diligence raised, against his Lands, Goods, Chattels, or Effects, or Property or Estate, Heritable or Moveable, or make any Assignment, Disposition, Assignation, or other Conveyance thereof for the Benefit of his Creditors, his Heirs, Executors, Administrators, or Assignees, or other Persons having legal Right, or the Sheriff or other Officer executing such Process, or the Party using such Action or Diligence, 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 Monies 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 Effects, Heritable or Moveable, of such Person, all 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, or which may be recovered or recoverable under such Diligence, is paid over to the Party issuing such Process or using such Diligence; and all such Assets, Lands, Goods, Chattels, Property, Estates, and Effects shall be bound to the

Payment and Discharge thereof accordingly. Letters to and XIII. And be it further enacted, That the Barristers and from Barristers Advocate appointed under the Provisions of the said recited Act and Advocate

passed in the Tenth Year of the Reign of His late Majesty to be free of Postage. King George the Fourth shall and may receive and send by

the

the General Post, from and to Places within the United Kingdom, all Letters and Packets relating solely and exclusively to the Execution of the said recited Act or this Act, free from the Duty of Postage, provided that such Letters and Packets as shall be sent to either of the said Barristers or Advocate be directed to the “ Barrister, or Advocate, appointed to certify the Rules of Friendly Societies," at his Office in London, Edinburgh, or Dublin, as the Case may be, and that all such Letters and Packets as shall be sent by either of the said Barristers or Advocate shall be in Covers, with the Words “ Barrister, or Advocate, appointed to certify Rules of Friendly Societies pursuant to Act of Parliament passed in the Tenth Year of the Reign of His late Majesty King George the Fourth,” printed on the same, and be signed on the Outside thereof under such Words with the Name of such Barrister or Advocate in his own Handwriting, (such Name to be from Time to Time transmitted to the Secretaries of the General Post Office in London, Edinburgh, and Dublin,) and under such other Regulations and Restrictions as the Lords Commissioners of the Treasury, or any Three or more of them, shall think proper and direct ; and the said Barrister or Advocate is hereby strictly forbidden so to subscribe any Letter or Packet whatever except such as he shall himself know to relate solely and exclusively to the Execution of the said last-mentioned recited Act or this Act; and if such Barrister or Advocate shall send, or cause or permit to be sent, under any such Cover, any Letter, Paper, or Writing, or any Inclosure, other than what shall relate to the Execution of the said last-mentioned recited Act or this Act, the Barrister or Advocate so offending shall forfeit and pay the Sum of One hundred Pounds, and be dismissed from his Office; one Moiety of the said Penalty to the Use of His Majesty, His Heirs and Successors, and the other Moiety to the Use of the Person who shall inform or sue for the same, to be sued for and recovered in

any of His Majesty's_Courts of Record at Westminster for Offences committed in England, and in any of His Majesty's Courts of Record in Dublin for Offences committed in Ireland, and before the Sheriff or Stewartry Court of the Shire or Stewartry within which the Party offending shall reside or the Offence shall be committed for Offences committed in Scotland ; and if any Letter, Paper, or Writing, or other Inclosure, shall be sent under Cover to either of the said Barristers or Advocate, the same not relating solely and exclusively to the Execution of the said last-mentioned recited Act or this Act, he is hereby strictly required and enjoined to transmit the same forthwith to the Secretary of the Post Office in London, Edinburgh, or Dublin, as the Case may be, with the Covers under which the same shall be sent, in order that the Contents thereof may be charged with the full Rates of Postage.

XIV. ' And whereas in and by the said recited Act it was Provisions of ' enacted, that provided Societies then already enrolled should former Statutes

not conform to the Provisions of that Act within the Space of to continue in · Three Years from the passing of such Act the said Societies cieties establishi• should then cease to be entitled to the Privileges and Provisions ed under them of any or either of certain Acts thereby repealed, but that the until they shall

• Provisions conform to the

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