bonds and disorderly persons who shall disturb the public peace, or any person or persons wandering, secreting or misbehaving himself, herself or themselves, or whom they shall have reasonable cause to suspect of any evil designs, and to secure and keep in safe custody every such person, in order that he or she may be conveyed as soon as conveniently may be before one of his Majesty's justices of the peace, to be examined and dealt with according to law (a); and it shall and may be lawful to and for the said watchmen, &c. to call and require any person or persons to aid and assist them (b) in taking such felons, rogues, vagabonds and all disorderly or suspected persons as aforesaid." Appeals against Rates.] Appeals against rates to be subject to the same rules as appeals against poor rates (s. 67) (c). Recovery of Rates.] If inspectors' order (see s. 32) for payment of rate be not paid by the overseers, the treasurer or oue of the inspectors may lay a complaint before any one justice, who issues a summons to the overseers to appear before two justices, who may issue their warrant (d) to levy the amount by distress and sale of all or any of the goods of the said overseers; and in case the goods of all the overseers shall not be sufficient to pay the same, the arrears thereof shall be added to the amount of the next levy directed to be made for the purposes of this act, and shall be collected by the like method (s. 38). Treasurer and Officers neglecting to Account, &c.] See Offences 4-8, p. 158 (e). ante, DECLARATION in lieu of oath, see "Oath," post, p. 410. (a) Justices of the peace are not invested with any additional powers under this act, nor does it create any new offence for their cognizance (except those under the title Lighting and Watching Act," ante, p. 158); and although a constable is authorized in the cases mentioned in the above section to apprehend without warrant, it does not follow that the circumstances of every case will amount to an offence punishable either summarily or upon indictment:-his duty being principally to prevent crimes, and having apprehended an offender, he must obtain a justice's authority for his discharge, which would be the result if no offence has been committed; if otherwise, he would be dealt with according to the mode prescribed for the offence. (b) The person refusing, when required, to assist a constable in quelling a riot or breach of the peace, and not being under any physical disability, might be indicted as for a misdemeanor (tit. Constable," Part II. p. 346, O. 74). See also ante, p. 108, tit. “ Constables," assaulting and resisting them. (c) This appeal must be to the general quarter sessions, and cannot be to the special sessions for the division under 6 & 7 Will. 4, c. 96; the provisions of the latter statute could not have been in the contemplation of the legislature at the time the 3 & 4 Will. 4, c. 90, was passed (12 J. P. 750). (d) The protection afforded to justices in issuing a warrant for poor rate, by the 11 & 12 Vict. c. 44, s. 4, will not extend to rates levied under this statute. (e) These offences, or matters, are not however within the 11 & 12 Vict. c. 43, as had been supposed when the portion of this work containing them was printed, there being no order or conviction required to be drawn up (see note (b), ante, p. 11). DISTRESS. See "Landlord and Tenant," post, p. 397. Costs of Distress.] Where a distress is made for arrears of rent [or for land tax, assessed taxes, poor's rates, church rates, tithes, highway rates, sewer rates, or any other rates, taxes, impositions or assessments whatsoever, 7 & 8 Geo. 4, c. 17] not exceeding £20, no greater charges than the following are to be taken in respect of the same (57 Geo. 3, c. 93, s. I): £ s. d. 400 3 2 406 0 10 0 These charges should also be adopted in distresses for penalties on convictions, or sums ordered by a justice on complaints for wages, &c. FRIENDLY SOCIETIES. The Statutes.] The statutes relating to friendly societies are the 33 Geo. 3, c. 54 (passed 21st June, 1793), and 49 Geo. 3, c. 125 (passed 20th June, 1809); also 10 Geo. 4, c. 56 (passed 19th June, 1829), and 4 & 5 Will. 4, c. 40 (passed 30th July, 1834); and, lastly, the 9 & 10 Vict. c. 27 (passed 3rd July, 1846), by which is enacted the several purposes for which a society may be established (a). How Rules inrolled, &c.] As to those established previous to 19th June, 33 Geo. 3, c. 54. 1829 (10 Geo. 4, c. 56), the rules must have been confirmed by the sessions, and inrolled with the clerk of the peace (33 Geo. 3, c. 54, ss. 2, 13); and by s. 14 of 4 & 5 Will. 4, c. 40, no society is compelled to inrol under the 10 Geo. 4, c. 56, as amended by 4 & 5 Will. 4, c. 40, but is entitled to continue to be protected by the provisions of the statute under which its rules are inrolled until its members think fit to conform to 10 Geo. 4, c. 56, as amended, or until any alteration, amendment or addition is made in their present rules, in which case the rules must be made in conformity (a) Sect. 7 of 9 & 10 Vict. c. 27, establishes the legality of friendly societies which shall not have been adjudged not to be within the provisions of 4 & 5 Will. 4, c. 40, and s. 8 repeals so much of 10 Geo. 4, c. 56, and 4 & 5 Will. 4, c. 40, as specifies the purposes for which a society may be formed, or as gives power to the sessions to confirm and allow rules; with a proviso that that repeal shall not exclude from the benefits of the said acts any society legally established according to the provisions of the said acts, the rules of which were certified and inrolled before the passing of 9 & 10 Vict. c. 27. 10 Geo. 4, c. 56. 4 & 5 Will. 4, c. 40. 9 & 10 Vict. c. 27. with the 10 Geo. 4, c. 56, as amended by 4 & 5 Will. 4, c. 40 (Pratt's Law of Fr. Socs. 75), and now as amended by 9 & 10 Vict. c. 27. As to societies formed since 19th June, 1829, and before 30th July, 1834 (4 & 5 Will. 4, c. 40), sect. 4 of 10 Geo. 4, c. 56, provides that their rules shall be submitted to the barrister appointed to certify the rules of savings banks (b), by whom they are certified and deposited with the clerk of the peace, confirmed by the sessions, and a duplicate certified by the clerk of the peace (c). As to societies formed since 30th July, 1834 (4 & 5 Will. 4, c. 40, and before 3rd July, 1846 (9 & 10 Vict. c. 27), the 4 & 5 Will. 4, c. 40, s. 4, required the rules to be certified, deposited and confirmed by the sessions; but no certificate other than the barrister's was required, and that section enacted" that all rules, alterations and amendments thereof, from the time when the same shall be certified by the said barrister, shall be binding on the several members and officers of the said society, and all other persons having interest therein." As to societies formed since 3rd July, 1846, sect. 12 of 9 & 10 Vict. c. 27, repeals so much of 10 Geo. 4, c. 56, as required rules to be filed with the clerks of the peace (d), and enacts that rules now filed shall be taken off and returned to the registrar, and rules hereafter made shall be certified by him only, and one copy kept by him, and that all rules certified by him shall be of the same force, and all the provisions of the 10 Geo. 4, c. 56, shall apply to them, as if they had been confirmed by the justices and filed at sessions. By sect. 20 the transcript of rules certified by the registrar shall be received in evidence; and this act is to be construed with and as part of 10 Geo. 4, c. 56, and 4 & 5 Will. 4, c. 40 (s. 22). General Observations on Justices' Jurisdiction.] Justices have no jurisdiction unless either of the above provisions applicable to the time when the particular society was formed have been complied with; before, therefore, entertaining any complaint, the rules, or a copy, should be produced. A society which has not conformed to any of the statutes is a mere partnership, and the Court of Chancery is the only tribunal where disputes amongst the members can be settled (6 J. P. 274. See also R. v. J. J. Cambridgeshire, 7 Law J. (N. S.) M. C. 104, and 2 J. P. 501). If a society under 10 Geo. 4, c. 56, or the subsequent statutes, omit to make a rule declaring whether disputes shall be settled by arbitrators or justices, the justices cannot, it is conceived, interfere in the settlement of disputes (7 J. P. 615); for the remedy must be according to the rules (see Tyrrell (b) Now the "Registrar of Friendly Societies in England" (9 & 10 Vict. c. 27, s. 10). (c) The provision as to depositing with the clerk of the peace, and confirmation by the sessions, &c. is not necessary to the validity of rules of societies established since 3rd July, 1846; but see s. 14 of 4 & 5 Will. 4, c. 40, as to operation when rules altered, &c. (d) See note (a), ante, p. 387. v. Worlley et al., 10 Law J. (N. S.) C. P. 5), except in cases of fraud (1 Arch. J. P. 497), when justices may interfere (see post, p. 390), sect. 25 of 10 Geo. 4, c. 56. The 11 & 12 Vict. c. 43 (on summary convictions and orders, ante, p. 1) can be applied to cases under the above acts where an order or a conviction is required to be drawn up, i. e. complaints in relation to societies formed before 10 Geo. 4, c. 56, to a conviction for fraud under sect. 25 of 10 Geo. 4, c. 56, to an order for payment under sects. 27, 28; sect. 8 of 4 & 5 Will. 4, c. 40, and sect. 19 of 9 & 10 Vict. c. 27. The particular complaints in which justices can interfere are as follows: 1. Complaints in relation to societies formed previous to 10 Geo. 4, c. 56 (19th June, 1829). 2. Complaints in relation to societies formed since 10th June, 1829. 1. Complaints in relation to Societies formed previous to 10 Geo. 4, c. 56 (19th June, 1829). Against Society.] If any member [or the widow or child of any de- 33 Geo. 3, c. 54, ceased member, 59 Geo. 3, c. 128, s. 15] shall think himself aggrieved s. 15. by any act or omission of the society, or of any person acting under them, he may complain thereof on oath to any two neighbouring justices, who shall summon the presidents, wardens, stewards, or other principal officers, or any of them, if the complaint be against the society collectively, or the officer complained of, if the complaint be of him individually, and also the person having the custody of the rules of the society; and such justices, at the time and place mentioned in such summons, whether the party summoned appear or not, (on proof on oath of such summons being duly served or left at his usual place of abode,) shall proceed to hear and determine the matter of such complaint, according to the true purport and meaning of the rules so confirmed as aforesaid, and shall make such order [upon such officer or officers by name, 49 Geo. 3, c. 125, s. 3,] as to them shall seem just, which shall be final to all intents and purposes (see R. v. Soper et al., 3 B. & C. 857). If the order be for the payment of a sum of money, as relief, and the same be not forthwith paid, the justices by their warrant may cause the same and costs to be levied by distress of the goods of the society, or in default of such distress, by distress of the goods of the officer who refused the relief (49 Geo. 3, c. 125, s. 3). In all other cases the only mode of enforcing this order is by indictment (see R. v. Gilkes et al., 8 B. & C. 439; R. v. Wade, 1 B. & Ad. 861; R. v. Inge, 2 Smith, 56; 2 Arch. J. P. 496). Against Member.] If a member shall offend against any of the rules, 49 Geo. 3, any two justices residing within the county, riding, city, &c. wherein such c. 125, s. 1. society shall be held, upon complaint made on oath by any member, may summon such person; and upon his appearance, or (in default thereof) upon proof on oath of the service of such summons, the justices shall 10 Geo. 4, c 56. Form of stating proceed to hear and determine the complaint, according to the rules of the society, so confirmed as aforesaid, and shall make such order as to them shall seem just; and if the order be for the payment of a sum of money, and the party on notice thereof shall not forthwith pay the same, the justices by their warrant shall cause such sum and costs to be levied by distress. 2. Complaints in relation to Societies formed since 19th June, 1829. Members obtaining Money by Fraud.] "If any officer, member, or any other person being or representing himself or herself to be a member of such society, or the nominee, executor, administrator or assignee of any member of such society, or any other person whatever, shall in or by any false representation or imposition fraudulently obtain possession of the monies of such society, or any part thereof, or, having in his or her possession any sum of money belonging to such society, shall fraudulently. withhold the same, and for which offence no especial provision is made in the rules of such society," one justice, on complaint on oath by an officer of the society, may summon the party, and upon proof two justices may convict the party, and award double the amount so obtained or withheld to be paid to the treasurer, and costs not exceeding ten shillings; levied by distress, and in default imprisonment for not exceeding three calendar months, or the society may proceed against the party by indictment (s. 25). That he the said A. B. [the complainant] is an officer of a certain friendly society called -, held at in the said county, and hath been duly appointed by the said society for the purpose of making this complaint; that the said society is established and held according to the provisions of the act passed in the tenth year of his late Majesty King George the Fourth, intituled "An Act to consolidate and amend the Laws relating to Friendly Societies;" that the rules, orders, and regulations thereof have been confirmed and filed according to the provisions of the statutes in that case made and provided. And that on the day of -, at the parish of in the county aforesaid, C. D., of &c. did, by a certain false representation [or "imposition,"] to wit, by then and there falsely representing [here describe the false representation] fraudulently obtain possession from one E. F., being the treasurer of the said society [or as the case may be], of the sum of part of the monies of such society, whereas in fact [here negative the representation], and that no especial provision is made for such offence in the rules of the said society, contrary, &c. Where Disputes directed by Rules to be referred to Arbitrators, and either Party does not conform thereto.] By s. 27, any one justice upon complaint of the party aggrieved, and upon proof of the award and of the refusal to comply with it, may summon the party; any two justices may make such order thereupon as to them shall seem just; and if the sum awarded and costs (not exceeding 10s.) are not immediately paid, to be levied by dis (e) This and the other forms of complaint under this title are from S. Stone's Hand-Book of Informations. |