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No. I, ver over all things belonging to such society to such person or persons as 33 Geo. III. such society shall appoint and shall pay out of the assets or effects of such

person all sums of money remaining due, which such person received by c. 54.

virtue of his said office, before any of his other debts are paid or satisfied; and all such assets and effects shall be bound to the payment and dis

charge thereof accordingly. Effects of So- XI. And be it further enacted by the authority aforesaid, That all cieties to be monies goods chattels stocks annuities and other transferrable securities vested in the and effects whatever belonging to such society, shall be vested in the Treasurers or treasurer or treasurers trustee or trustees for the time being for the use Trustees for the and benefit of such society, and from and after the death or removal of Time being, any treasurer or treasurers trustee or trustees shall vest in the succeeding who may bring treasurer or treasurers trustee or trustees for the same estates and interests and defend Ac- as he or they then had therein and subject to the same trust without any tions, &c.

assignment or transfer whatever; and also shall for all purposes of action or suit as well criminal as civil in law or in equity in any wise touching or concerning the same, be deemed and be taken to be and shall in every such proceeding (where necessary) be stated to be the property of the person or persons appointed to the office of treasurer or treasurers trustee or trustees (as the case may be) of such society for the time being in his her or their proper name or names; and such person or persons so appointed shall, and they are hereby respectively authorised to bring or defend or cause to be brought or defended any action suit or prosecution criminal as well as civil, touching or concerning such monies goods or chattels or effects of or belonging to such sociely; and such person or persons so appointed shall and may in all cases concerning the property of such sociely sue and be sued plead and be impleaded in his or their proper name or names without other description ; and no such suit action or prosecution shall be discontinued or abate by the death or removal of such person or persons from the said office of treasurer or treasurers trustee or trustees aforesaid, but the same shall and may be proceeded in by the succeeding treasurer or treasurers trustee or trustees in the proper name or names of the person or persons commencing the same; any law

usage or custom to the contrary thereof notwithstanding. Societies to de. XII. And be it further enacted by the authority aforesaid, That every clare the Pur- such society so to be established as aforesaid, before any of the rules pose of their

orders or regulations thereof shall be confirmed by the justices in the Establishment, manner herein-before directed, shall in or by one or more of the general &c. before the rules orders or regulations to be confirmed by such justices declare Confirmation of all and every the intents and purposes for which such society is intended their Rules by to be established; and shall also in and by such rules orders and regulathe Quarter

tions direct all and every the uses and purposes to which the money Sessions ;

which shall from time to time be subscribed paid or given to or for the use or benefit of such society, or which shall arise therefrom or in anywise belonging to such society, shall be appropriated and applied, and in what shares and proportions and under what circumstances any member of such society or other person shall or may become entitled to the same or any part thereof; and which application shall not in anywise be repugnapt to the uses intents and purposes of such society or any of them so to be

declared as aforesaid; and all such rules orders or regulations during the inflict

continuance of the same shall be complied with and enforced; and the

monies so subscribed paid or given or so arising to or for the use or benefit Penalty for Misapplication

of such society or belonging thereto shall not be diverted or misapplied of Money.

either by the treasurer or treasurers trustee or trustees or any other officer or officers of such society entrusted therewith, undersuch penalty or forfeiture

as such society shall by any general rule order or regulation impose and The Consent

inflict for such offence; and that it shall not be lawful for any such sonecessary for Dissolution of

ciety by any rule order or regulation at any general meeting or otherwise Societies.

to dissolve or determine such society so long as the intents or purposes declared by such society or any of them remain to be carried into effect without the consent and approbation of five-sixths of the then existing members of such society and also of all persons then receiving or then entitled to receive relief from such society either on account of sickness

and may

age or infirmity, to be testified under their hands individually and re- No. I.
spectively; nor shall it be lawful for such society by any rule order or
regulation to direct the division or distribution of such stock or fund or any

33 Geo. III. part thereof to or amongst the several members of such society, other than

c. 54. for carrying into effect the general intents and purposes of such society declared by them and confirmed by the justices of the peace as aforesaid Stock not diviaccording to the directions of this Act, but that all such rules orders or sible but for the regulations for the dissolution or determination of any such society with- general Purout such consent as aforesaid, or for the distribution or division of the poses of the Sostock or fund of such society contrary to the rules orders and regulations ciety. which shall have been confirmed by the said justices at their sessions and filed in pursuance of this Act shall be void and of none effect.

XIII. And be it further enacted by the authority aforesaid, That all Rules to be enthe rules orders and regulations from time to time made ordained and tered into a constituted by any such society in the manner directed by this Act shall Book, and rebe forth with entered into a book or books to be kept by one or more of ceived in Evithe members of such society to be appointed for that purpose and shall dence, &c. be signed by the said members, and shall at all seasonable times be open for the inspection of any member of such society; and all such rules orders and regulations so entered and signed shall be deemed original orders and shall be received in evidence as such in all disputes and in all trials before any court in this kingdom ; and that no certiorari shall be brought or allowed to remove any of the rules orders or regulations of any such society made in pursuance of this Act into any of his Majesty's courts of record at Westminster.

XIV. And be it further enacted by the authority aforesaid, That it Societies may shall and may be lawful for any such society to receive donations of any receive Donaperson or persons towards the supply of their stock or fund, and all such tions. sums shall be applicable to the general purposes of such society in the like manner as the contributions of the several members of such society are or shall be directed to be applied in pursuance of this Act, and shall not be applied in any other manner.

XV. And be it further enacted by the authority aforesaid, That if any Proceedings, person having been admitted a member of any such sociely estab- where Members lished by virtue of this Act shall think himself aggrieved by any act think themmatter or thing done or omitted to be done by any such society or any selves agperson or persons acting under them, it shall and may be lawful for any grieved. two or more justices of the peace of the county riding division or shire where or near unto the place where such society shall be established, on complaint made upon oatlı or affirmation by or on the behalf of such person (which oath or affirmation such justices of the peace are hereby empowered and required to administer) to issue their summons to the presidents wardens stewards or other principal officers of such society by whatever name such principal officers shall be respectively named or called, or one of them in casc such complaint shall be made against such society collectively, and in case such complaint shall be made against any person or persons appointed to such office or offices then to summon such person or persons to appear before such justices at a convenient time and place to be respectively named in such summons; and also to summon at the same time and place, if there shall be occasion, all such persons as shall appear to such justices to have the custody of the rules orders and regulations of such society and such justices at the time and place named in such summons, whether the person or persons so summoned shall or shall not appear according to such summons, nevertheless on proof upon oath or affirmation of such summons being duly served or left at his her or their usual place or places of abode, shall proceed peremptorily to hear and determine in a summary way the matter of such complaint according to the true purport and meaning of the rules orders and regulations of such society confirmed by the justices according to the directions of this Act, and shall make such order therein as to them shall seem just; and every such order of such justices shall be complied with and shall be final to all intents and purposes, and shall not be subject to appeal or to be removed or removeable into any of his Majesty's courts of record at Westminster.

No. I. XVI. Provided always and be it further enacted by the authority afore 33 Geo. III. said, That if provision shall be made by one or more of the general rules

or orders of any such society and confirmed as required by this Act for a c. 51.

reference by arbitration of any matter in dispute between any such so

ciety or any person or persons acting under them and any individual Where gene

members thereof, the matter so in dispute shall be referred to such arral Rules direct bitrators as shall be named and elected in such manner as shall be preDisputes to be scribed by such general rules or orders; and whatever award order or seteled by Arbi- determination shall be made by the said arbitrators or the major part of tration, the them according to the true purport and meaning of the rules and orders Award of the of such society confirmed by the justices according to the directions of

Arbitrators to this Act shall be binding and conclusive on all parties and shall be final . be final.

to all intents and purposes without appeal or being subject to the controul of two or more justices of the peace in the manner herein-before

prescribed. No Member of XVII. And be it further enacted by the authority aforesaid, That no a Society, pro- member of any society to be established in pursuance of this Act who ducing a Certi- shall inhabit or reside in any parish township or place, not having a legal cate thereof, to settlement there, or who shall come to inhabit or reside there, and shall be removeable deliver to the churchwardens or overscers of the poor of such parish till actually township or place or to any or either of them a certificate under the hands chargeable to a of the stewards presidents wardens or treasurers of such society or any Parish,

two of them for the time being, to be attested by one or more credible witness or witnesses, thereby acknowledging the person mentioned in such certificate to be a member of such society, shall during the time such person shall continue to be such member thereof be removeable from any parish township or place where any such certificate hath been delivered as aforesaid to the place of his or her last legal settlement by virtue of any law now in being relative to the settlement of the poor, until such person shall become actually chargeable to such parish township or place or shall be forced to ask relief for himself or herself or for his or her family or for some part thereof of the parish township or place to which such certificate was delivered as aforesaid, and that then and not before it shall and may be lawful for such person together with his or her family, not having otherwise acquired a legal settlement there, to be removed and conveyed to the last legal place of settlement of such person as aforesaid according to the laws now in being relating to the set

tlement of the poor. How Certifi- XVIII. Provided always and be it further enacted, That every such cates are to be certificate shall express the place and places of abode respectively of the authenticated. persons signing and attesting the same; and that one of the witnesses

attesting the same shall make oath before a justice of the peace of the county riding division shire liberty borough town corporate or place where such society shall be established, (which oath such justice of the peace is hereby authorised and required to administer) that such witness did see the persons whose names are thereunto set severally sign the said çertificate, and that the name or names of such witness or witnesses is or are of his or their own proper hard-writing, which said justice of the peace shall also certify that such oath was made before him; and every such certificate so made and oath of the execution thereof so certified by the said justice of the peace shall be taken deemed and allowed in ail courts whatsoever as duly and fully proved, and shall be taken and re

ceived as evidence without other proof thereof. On Complaint XIX. Provided always and bc it further enacted by the authority aforeof Parish Offie said, That it shall and may be lawful, upon complaint made by the cers, Justices

churchwardens and overseers of the poor of any parish township or place may summon

where such certificate shall be delivered to any justice or justices of the Persons bring

peace of the county riding division or shire or of the city borough town ing Certificates to be examined,

corporate or place where any such person as aforesaid shall inhabit and inake Oath

or reside or come to inhabit or reside under the authority of this of their Settle. Act, for such justice or justices of the peace to cause any such person ment, &c.

mentioned in such certificate as aforesaid to be summoned before him or them in the division or place where such person shall so reside or come

exempt them

to reside, in order to be examined and to make oath touching the place of

No. 1. his or her last legal settlement (which examination upon oath the said justice or justices is and are hereby empowered and required to take), 33 Geo. III. and every such person so summoned is hereby directed or required to

c. 54. obey such summons and to make oath accordingly; and such justice or justices is and are hereby respectively required to give an attested copy of such examination so taken before him or them to the person Copies of Examaking the same, to be by him or her or any person on his or her be- minations to be half at any time afterwards produced before any such of his Majesty's given the Par; justices of the peace as aforesaid, before whom such person shall be again summoned to make oath as aforesaid ; and that in case any such person from future Exshall be so again summoned, then on the production of such attested copy amination. as aforesaid such person shall not be compelled or required to take any other or further oath with regard to any of the matters contained in such examination, but such person shall if required permit a copy thereuf to be taken for such last-mentioned justice or justices of the peace.

XX. And be it further enacted by the authority aforesaid, That it shall and may be lawful for any two or more of the justices of the peace as

Justices may aforesaid who shall have taken such examination as aforesaid, or before Order in Writ

declare by an whom such attested copy of such examination shall be produced, at the in, the Place request of such churchwardens and overseers of the poor as aforesaid by of Settlement of an order in writing under the hand and seal or hands and seals of such Persons so exajustices to adjudge and declare the place of the last legal settlement of mined, without any such person having been so examined on cath as aforesaid, or such issuing Warrant cf his or of her family as shall reside in such parish township or place for Removal. under the authority of this Act, without issuing any warrant to remove such person or his or her family as aforesaid to such place of his her or their last legal settlement, and that a duplicate of every such order shall be transmitted to the general quarter sessions of the peace to be holden next after the expiration of twenty days from the time of making thereot for the county riding division or shire where such person shall so reside, to be filed amongst the records of the said court; and that a copy of every such order to be attested by one or more credible witness or witnesses Copies of such or a duplicate thereof, together with an attested copy of such examina- Orders and of

Examinations tion to be annexed to such copy of such order or duplicate thereof, shall

to be returned be delivered to the churchwardens and overseers of the poor of the parish to the Parish township or place in which the person mentioned in such order shall be Officers of the adjudged to be last legally settled as aforesaid or to any or either of Place of Settlethem at least fifteen days before the first day of holding such sessions ; ment, &c. and that upon due proof to be made on oath of one or more credible witness or witnesses before the justices of the peace at such sessions of the delivery of such copy or duplicate with such examination annexed thereto as aforesaid, it shall and may be lawful for the said justices of the peace at such sessions and they are hereby required to direct every such order to be filed amongst the records of the said court; and that every such order so filed shall be final and conclusive in ascertaining and determining the place of the last legal settlement of the person or persons named in such order, unless the same shall be appealed against" within the time herein-aster mentioned.

XXI. Provided always and be it further enacted by the authority afore. Persons agsaid, That all persons who shall think themselves aggrieved by any such grieved by Ad. adjudication of the said justices may appeal to the general quarter sessions judication of of the peace to be holden next after the expiration of fifteen days from Justices may the time of the delivery of such copy or duplicate as aforesaid for the appeal to the county riding division or shire where such order was made ; and the Quarter Sesjustices of the peace at such sessions shall and may receive such appeal sions. and proceed to hear and determine the merits of such appeal in like manner with the same effect and under the like rules as if the person or persons mentioned in such order had been by warrant of two justices actually removed to the place where he she or they were last legally settled under and by virtue of any law in being before and at the time of the making of this Act, and may award the like costs on such appear

No. I. as may be awarded on appeals from orders of removals of poor persons 33 Geo. III. by any statute or statutes now in force to be recovered in like manner as c. 54.

costs awarded under the authority of such statute or statutes.

XXII. And be it further enacted by the authority aforesaid, That no No Person who member of any such society who shall reside in any parish township or shall reside in

place under and by virtue of this Act, shall have or be deemed to have any Parish un- acquired any settlement in such parish township or place by delivery and der this Act publication of any notice in writing, unless the same shall be made after shall thereby

such person shall cease to be a member of such society, and after the acquire a Settle- revocation of his or her certificate herein-before mentioned. ment;

XXIII. And be it further enacted, That no member of any such society nor for paying who shall reside as aforesaid under the authority of this Act, and shall Rates;

be taxed rated or assessed towards any of the rates taxes or levies of the parish township or place where such member shall reside and shall duly pay the same, shall be deemed or taken thereby to have any legal setilement in such parish township or place; any law to the contrary in

anywise notwithstanding: nor any Appren- XXIV. And be it further enacted by the authority aforesaid, That no tice or Servant person who shall be an apprentice bound by indenture to or shall be a to such Persons. hired servant to or with any person who did come into or shall reside in

any parish township or place under the authority of this Act, and not afterwards having gained a legal settlement in such parish township or place, shall gain or be adjudged to have any settlement in such parish township or place by reason of such apprenticeship or binding or by reason of such hiring or serving therein; but all such apprentices and servants shall have their settlements in such parish township or place as if they had not been bound or had not been hired to such person as aforesaid ; (1.) any Act or Acts of Parliament to the contrary not

withstanding Bastards to have XXV. And be it further enacted, That every child which shall be born the Mother's a bastard in any parish township or place during the mother's residence Settlement.

therein under the authority of this Act (2.) shals have and be deemed to have the same settlement which the mother has or is entitled unto at the

(1.) In order to prevent the Settlement of an of Maintenance of Children born under the cir. Apprentice bound to a Master who was residing cumstances in question, supposing the place of in the Parish under a Certificate from a Friendly Settlement to be different from that of the Birth, Society, by virtue of the Stat. 33 Geo. III. c. 54. it would, perhaps, be expedient either to repeal it is not sufficient for the certificated Parish these Clauses, or to declare by express Enactmerely to produce the Certificate upon appeal to ment that the Acts shall be considered as in force, the Sessions from an order of removal of the Ap- and to provide for the Filiation of the Child, as if prentice to such Parish, but they must also show born in the place where the Settlement is. The that such Certificate had been delivered to the impression of my own mind being that the ProParish Officers, as mentioned in Sec. 17. of the vision is virtually repealed. I have, in the course Act, before the Service of the Apprentice. Rex v. of magisterial duty, acted accordingly; although Egremont, (Inhab.) 14 E. R. 253.

very far from confident of the correctness of the (2.) This is the only case in which this part judgment which I have formed. Ed. of the Act is at present endeavoured to be carried The 35 Geo. III. c. 101. has not repealed into execution with the view to prevent the re- 33 Geo. III. c. 54; and, therefore, where an unmoval of single women who are with child; but emancipated daughter was delivered of a Bastard as such persons by 35 Geo. III. c. 101. are to be Child in the Township of I. during her father's deemed actually chargeable, and as it was decided residence there, under a Certificate acknowledgin Rex v. Great Yarmouth, 8 T. R. 68. that that ing him to be a Member of a Friendly Society, Enactment extends to the case of a Woman re- established under 33 Geo. III. c. 54.: Held: that siding under a Certificate, and not merely to the such Certificate extended not only to him, but general Provisions of the Statute 35th Geo. III. to all the Members of his family also ; that the against removing persons not actually chargeable : Daughter, therefore, was at the time of her de. it seems to be, at least, very doubtful whether this livery residing in the township under the authoor any of the other Sectiors of the present Act rity of 33 Geo. III. c. 54. and that by s. 25. of relating to Removals can be considered as in force: that Act, the settlement of the child followed that for if not actually chargeable, the party cannot of the mother. Rex v. Idle (Inhab.) 2 B. and A. now be removed ; if actually chargeable, this Act 149. See also Rex v. Egremont (Inhab.) 14 E. R. contains no authority to prevent the removal. 253. post tit. Poor Settlemente And as there is no provision for making any order

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