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e. 56.

sale of the proper goods of the said party, or of the officer of the said so: No. VIII. ciety, so neglecting or refusing as aforesaid, by other legal proceedings, 10 Geo. IV. together with such further costs and charges as aforesaid, returning the overplus (if any) to the owner: Provided always, that whatever sums shall be paid by any such officer, so levied on his or her property or goods in pursuance of the award of arbitrators or order of any justices, shall be repaid, with all damages accruing to him or her, by and out of the monies belonging to such society, or out of the first monies which shall be thereafter received by such society.

XXVIII. And be it further enacted, That if by the rules of any such society it is directed that any matter in dispute as aforesaid shall be decided by justices of the peace, it shall and may be lawful for any such justice, on complaint being made to him of any refusal or neglect to come ply with the rules of such society by any member or officer thereof, to summon the person against whom such complaint shall be made to appear at the time and place to be named in such summons; and upon his or her appearance, or in default thereof, upon due proof, on oath or affirmation, of the service of such summons, it shall and may be lawful for any two justices to proceed to hear and determine the said complaint according to the rules of the said society; and in case the said justices shall adjudge any sum of money to be paid by such person against whom such complaint shall be made, and such person shall not pay such sum of money to the person and at the time specified by such justices, they shall proceed to enforce their award in the manner herein before directed to be used in case of any neglect to comply with the decision of the arbitrators appointed under the authority of this Act.

XXIX. And be it further enacted, That every sentence order and adjudication of any justices under this Act shall be final and conclusive to all intents and purposes, and shall not be subject to appeal, and shall not be removed or removable into any court of law, or restrained or restrainable by the injunction of any court of equity, and that no suspension advocation or reduction shall be competent.

XXX. And be it further enacted, That it shall be lawful for any society established under the authority of this Act from time to time to subscribe the whole or any part of the funds of such society into the funds of any institution which shall have taken the benefit of an Act passed in the last session of Parliament, intituled An Act to consolidate and amend the Laws relating to Suvings Banks, subject to the provisions in the said last-recited Act contained relating to friendly societies.

XXXI. And be it further enacted, That it shall be lawful for any society established under authority of this Act to pay directly into the Bank of England any sum of money not being less than fifty pounds, to the account of the commissioners for the reduction of the national debt, upon the declaration of the treasurers or trustees of such society, or any two or more of them, that such monies belong exclusively to the society for which such payment is intended to be made; and the cashier or cashiers of the Bank of England are hereby required to receive all such monies, and to place the same to the account raised in the names of the said commissioners for the time being in the books of the Bank of England, denominated "The Fund for the Friendly Societies ;" and in case any such declaration shall not be true, then and in every such case the sum so paid shall be forfeited to the said commissioners; and all the clauses and provisions of an Act passed in the ninth year of his present Majesty's reign, intituled An Act to consolidate and amend the Laws relating to Savings Banks, with respect to the accounts of banks for savings, and the regu lation of receipts certificates or order concerning the same, shall be applicable to the monies so paid into the Bank of England under the authority of this Act, as if the same had been repeated herein: Provided neverthe less, that every society formed and inrolled previous to the twenty-eighth day of July one thousand eight hundred and twenty-eight, under the provisions of an Act made and passed in the said fifty-ninth year of his late Majesty's reign, intituled An Act for the further Protection and Encourage ment of Friendly Societies, and for preventing Frauds and Abuses therein,

Reference of Disputes to Justices, if so directed by the Rules of the Society.

Orders of Justices to be final.

Funds may be subscribed into Savings Bank;

9 G. 4. c. 92.

or into the Bank of England, on Receipts.

Societies inrolled under 59 G. 3. c. 128, prior to 28 July 1828, enCent. per Dic

titled to 3d. per

No. VIII.

10 Geo. IV. c. 56.

Minors may be Members, and have legal Authority to Act.

Societies shall make annual Audits and Statements of the Funds to the Members.

Returns to be
made to the
Clerks of the
Peace at certain
Periods.

Returns to be

transmitted to Secretary of State, and laid before Parliament.

Penalty to So. cieties not making Returns.

shall, on paying money directly into the Bank of England as aforesaid, be entitled to receive receipts bearing interest at the rate of three-pence per centum per diem, any thing in this Act contained to the contrary thereof notwithstanding: Provided also, that no friendly society which already has invested or may hereafter invest any money with the said commissioners shall be entitled to re-deposit any sum or sums of money with them, without the consent of the said commissioners, or on their behalf by the comptroller-general or assistant comptroller-general under the said commissioners.

XXXII. And be it further enacted, That a minor may become a member of any such society, and shall be empowered to execute all instruments, give all necessary acquittances, and enjoy all the privileges and be liable to all the responsibilities appertaining to members of matured age, notwithstanding his or her incapacity or disability in law to act for himself or herself: Provided always, that such minor be admitted into such society by and with the consent of his or her parents masters or guardians.

XXXIII. And be it further enacted, That the rules of every such society shall provide that the treasurers, trustees, stewards, or other principal officer thereof shall, once in every year at least, prepare or cause to be prepared a general statement of the funds and effects of or belonging to such society, specifying in whose custody or possession the said funds or effects shall be then remaining, together with an account of all and every the various sums of money received and expended by or on account of the said society since the publication of the preceding periodical statement; and every such periodical statement shall be attested by two or more members of such society appointed auditors for that purpose, and shall be countersigned by the secretary or clerk of such society; and every member shall be entitled to receive from the said society a copy of such periodical statement, on payment of such sum as the rules of such society may require, not exceeding the sum of sixpence.

XXXIV. And whereas it is desirable, for the better security of such societies, that correct calculations of tables of payment and allowances, dependent on the duration of sickness and the probabilities of human life, may be constructed for their assistance: And whereas the present existing data on these subjects have been found imperfect and inefficient; be it therefore further enacted, that every such society established or to be established under the authority of this Act shall, within three months after the expiration of the month of December one thousand eight hundred and thirty-five, and so again within three months after the expiration of every further period of five years, transmit to the clerk of the peace for the county wherein such society is held a return of the rate of sickness and mortality experienced by the said society within the before-mentioned period of five years, according to the form prescribed in the schedule appended to this Act, a copy whereof shall be annexed to the rules of each Society respectively.

XXXV. And be it further enacted, That the said clerks of the peace shall, within one month after the expiration of the month of March one thousand eight hundred and thirty-six, and so again within one month after the expiration of every further period of five years, transmit to one of his Majesty's principal secretaries of state a list of the societies which have been inrolled during such period under this Act, specifying their names, the places where they have been established, and date of inrolment, and a time of ceasing to exist, if such case should arise, and also a copy of the returns of sickness and mortality herein-before directed to be made to them according to the schedule (A.); a copy of which list, with the schedule attached to it, shall be laid before both Houses of Parliament within one month then next ensuing, if Parliament shall be sitting, or within one month after the time when Parliament shall next sit.

XXXVI. And be it further enacted, That should any such society refuse or neglect to transmit or cause to be transmitted the aforesaid returns of sickness and mortality in the manner and within the time herein.

before directed, the clerk of the peace within each county shall give immediate notice to such society, that unless the said return is made within twenty-one days from the date of such notice, the said society will, and thereupon shall, cease to be entitled to the privileges of this Act, unless good and sufficient cause be shown to the justices at their then next ensuing general or quarter sessions why such returns could not be made.

any

No. VIII.

10 Geo. IV.

c. 56.

XXXVII. And be it further enacted, That no copy of rules, power, Exemption warrant, or letter of attorney granted or to be granted by any persons as from Stamp trustee of any society established under this Act, for the transfer of Duties. share in the public funds standing in the name of such trustee, nor any receipts given for any dividend in any public stock or fund or interest of exchequer bills, nor any receipt, nor any entry in any book of receipt, for money deposited in the funds of any such society, nor for any money received by any member, his or her executors or administrators, assigns or attornies, from the funds of such society, nor any bond nor other security to be given to or on account of any such society, or by the treasurer or trustee or any officer thereof, nor any draft or order, nor any form of assurance, nor any appointment of any agent, nor any certificate or other instrument for the revocation of any such appointment, nor any other instrument or document whatever required or authorized to be given, issued, signed, made, or produced in pursuance of this Act, shall be subject or liable to or charged with any stamp duty or duties whatsoever.

XXXVIII. And be it further enacted, That the word "society" in this Act shall be understood to include friendly society or societies, institution or institutions; the word "rules" to include rules orders and regulations; the word "county" to include county, riding, division, or place; and the words "treasurer or trustee" to include treasurers or trustees; and the word "person" to include persons; and the word "book" to include books; and the word "bond" to include bonds; "name" to include names; "account" to include accounts; "member to include members and honorary members; "clerk of the peace" to include town clerk; unless it be otherwise specially provided. XXXIX. And be it further enacted, That this Act shall extend to all friendly societies hereafter to be established, and also to societies already established, as soon as they shall think fit to conform to the provisions thereof.

XL. And be it further enacted, That provided societies already inrolled shall not conform to the provisions of this Act within the space of three years from the passing of this Act, the said societies shall then cease to be entitled to the privileges and provisions of any or either of the hereinbefore repealed Acts: Provided nevertheless, that the provisions of the herein-before repealed Acts shall continue in force as to all societies established under any or either of them before the passing of this Act for the said space of three years, or until they shall sooner conform to the provisions of this Act.

Construction of

Act.

Act to extend to all present and future Socie

ties.

Societies al

ready inrolled to conform to this Act within Three Years.

XLI. And be it further enacted, That this Act shall be deemed a pub- Public Act. lic Act, and shall extend to Great Britain and Ireland and Berwick-uponTweed, and be judicially taken notice of as such by all judges justices and other persons whatsoever, without the same being specially shown or pleaded.

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the

Sickness and Mortality experienced therein for the period of Five Years, commencing January First, 18

, and ending December 31st, 18

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FORM OF AWARD.

WE, the major part of the arbitrators duly appointed by the society established at

in the county of

day of

do

, pay to

hereby award and order, That A. B. [specifying by name the party or the
officer of the society] do, on the
C. D. the sum of
[or we do hereby reinstate in or expel A. B.
from the said society [as the case may be]. Dated this
one thousand eight hundred and

of

day

E. F.
G. H.

No. VIII.

10 Geo. IV.

c. 56.

FORM OF BOND.

KNOW all men by these presents, That we, A. B, of treasurer [or trustee, &c.] of the in the county of

society established at

and C. D. of

and G. H. of
(as sureties on behalf of the said A. B.), are
jointly and severally held and firmly bound to E. F., the present clerk of
the peace [or town clerk] for the county [or county of a city, or county of
a town, riding, division, or place, as the case may be] of

sum of

in the to be paid to the said E. F. as such clerk of the peace, [or town clerk,] or his successor, clerk of the peace [or town clerk,] of the said county [or county of a city, &c.] for the time being, or his certain attorney; for which payment well and truly to be made we jointly and severally bind ourselves, and each of us by himself, our and each of our heirs executors and administrators, firmly by these presents, sealed with our seals. Dated the year of our Lord

day of

in the

Whereas the above-bounden A. B. hath been duly appointed treasurer [or trustee, &c.] of the society established as aforesaid, and he, together with the above-bounden C. D. and G. H. as his sureties, have entered into the above-written bond, subject to the condition hereinafter contained; now, therefore, the condition of the above-written bond is such, that if the said A. B. shall and do justly and faithfully execute his office of treasurer [or trustee] of the said society established as aforesaid, and shall and do render a just and true account of all monies received and paid by him, and shall and do pay over all the monies remaining in his hands, and assign and transfer or deliver all securities and effects, books, papers, and property of or belonging to the said society in his hands or custody, to such person or persons as the said society shall appoint, according to the rules of the said society, together with the proper or legal receipts or vouchers for such payments, and likewise shall and do in all respects well and truly and faithfully perform and fulfil his office of treasurer [or trustee, &c.] to the said society, according to the rules thereof, then the above-written bond shall be void and of no effect, otherwise shall be and remain in full force and virtue.

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