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2. Fraud in Weight of Bread. Jurisdiction in matters regarding Weights and Measures,' and in every thing relating to bread, 2 is conferred on Justices of Peace, by both old and recent statutes. See Bread.

3. Penalties.

The penalties generally inflicted are destruction of the unfair weights and measures, or confiscation of the too light commodities exposed to sale; (as butter in rolls of pretended pounds or half pounds each,) with a fine, or in gross cases, with imprisonment.


Friendly Societies are now wholly regulated by the Act 10 Geo. IV. c. 56, the time for complying with which is extended by the Act 2 Will. IV. c. 37.

1. Who may be Members. Any number of persons may form such a society, for the purpose of raising funds to relieve the members or their relatives, in sickness, widowhood, infancy, old age, or other state or contingency, the occurence of which is susceptible of calculation by way of average.3

And minors may, with consent of their parents, masters, and guardians, become and bind themselves, to all intents and purposes, as members of such a society.



1 Acts 1607, c. 2–1661, c. 38. 5 Geo. IV. c. 74. 6 Geo. IV. c. 12.

3 Geo. III. c. 11, &c. 3 Aci 10 Geo. IV. c. 56, § 2.

* § 32

2. Rules to be made by Majority. The members may, by majority, form, alter, or amend rules for the society."

3. Rules to be Certified. But as soon as possible after the formation or change of any such rules, a transcript, signed by three members, and the clerk or secretary, must be seen and certified by the Lord Advocate, or one of his deputies, to contain nothing contrary to law, or the provisions of the act.?

4. Rules to be Confirmed by Justices. And the certified transcript being deposited with the Clerk of the Peace of the county, shall be laid by him before the next general or adjourned Quarter Sessions.3

And the Justices are then required to confirm the same, they being also competent to allow any rules disapproved of by the advocate to whom they were submitted. *

The necessity of a certificate being dispensed with, when the rules deposited for confirmation are accompanied by an affidavit, that they are a copy of rules of another society, already enrolled in the same county.”

In all cases the Justices must be satisfied of the safety of the tables of payments and benefits.6

And one or more rules must set forth the objects of the society, and all the purposes to which its funds are applicable.

Rules confirmed must be filed in the rolls of the Sessions, and a copy of them entered in a book to be kept by an officer of the society, and open to the inspection of mem

3 Ibid.

1 Act 10 Geo. IV. c. 56, S 2. 5 $ 4.

4 & 5.

§ 4. S 6.

7 $ 3.

bers; otherwise the society cannot have the benefit of the statute." Rules so confirmed and entered are binding upon

all concerned.

The rules of such a society must set forth the powers of the members, and of officers and committees;, and must specify the place of meeting: 5


5. Alteration of Rules. And no confirmed rule may be repealed or changed, except at a general meeting called by public notice, written or printed, and signed by the secretary, president, or other principal officer of the society, pursuant to a requisition by at least seven members, the notice and requisition having been read at the two usual meetings, held next to the general meeting, unless such a general meeting, and so convened, may have given power to a committee to alter the rules. 4

In either case, (of committee or general meeting) threefourths of the members present must concur to authorise the change or repeal of a rule.5

The society may appoint a general standing committee, whose powers are stated in the rules; or a special committee for a particular purpose; but the powers of the latter must be reduced to writing, and their acts, which to pass by majority, must be recorded in a book, and be liable to the review and control of the society."

6. Officers, and their Powers and Duties, &c. The society, or their committee, may appoint officers, and those of trust must, if required, give bond to the Clerk of the Peace, in whose name the society may sue the officer. 6

1 Act 10 Geo. IV.c. 56, 8 7. ? § 8. 3 8 10 4 $ 9. Ibid. og 12. 7ş 11.

The treasurer or trustee may lay out the surplus funds, bringing the proceed to account.”

Such an officer, or his representatives, must give in his accounts, and pay balances to the society, or else summary application may be made to the Court of Session. 2

The rules of every society must provide for, at least, one annual statement of the funds being made by the treasurer, &c., and audited and attested by at least two members appointed for the purpose, and countersigned by the clerk or secretary, every member being entitled to a copy of the statement on payment of a sum fixed in the rules, but not higher than sixpence.3

All property of the society shall be vested in the treasurer or trustee for the time being, who may sue or be sued on account of the society. 4

Any officer of the society is to be liable for monies actually received by him on its account, but not for any deficiency in its funds, unless he (by writing deposited and registered as the rules) declare his willingness to be so liable.

Payments made to the persons who appear to be the next of kin to the deceased intestate member, are effectual to exoner the society.

And if for sums not above L.20, may be made without confirmation.7


7. Settlement of Disputes, &c. The rules of every such society must provide for the settlement of disputes between the society and its members, by reference to the acting Justices of Peace for the county, or to arbitrators. 8

If reference be made to the county Justices, any one of

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them may, on complaint of refusal or neglect to comply with the society's rules, summon the person complained of; and, on his or her appearance, or on proof upon oath (or affirmation) of due service, any two Justices, at the time and place named, may determine the complaint according to the rules of the Society.

If the rules direct arbitrators to be appointed, then at the first meeting of the society, or of the general committee, that takes place after the enrolment of the rules, certain persons, nowise interested in the funds of the society, shall be named, and these individuals shall be in like manner appointed to fill up vacancies. 2

In each case of dispute, any number fixed by the rules, but not less than three, of these arbitrators shall be chosen by ballot, in the mode prescribed by the rules; and the award of such arbitrators, or the majority of them, shall be conclusive. 5

And on refusal, or neglect, to obey the award, the party may, on complaint, and sufficient proof of the award and noncompliance with it, be summoned by one Justice, and two Justices may, as in cases triable by themselves, proceed on the party's appearance or default, to make what order they see fit. *

On failure of instant payment of any sum, decerned by the Justices to be paid, either in obedience to their own award, or to the award of arbitrators, and an amount of expenses not exceeding 10s., the Justices shall grant warrant of distress and sale for these sums, and for the further expenses of the diligence against the party or society, and in case of no goods of the society being found, then against its officer, who is ultimately to be repaid by the society for what was so levied on him, besides damages.“

3 Ibid.

4 Ibid.

1 Act 10 Geo. IV. c. 56, § 28.
5 s 28.

2 8 27.
69 27

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