6. Prosecution of Offences, &c.

Offences where to be tried, &c.] In all cases of forgery, whe. ther at common law or by virtue of any statute, the offence may be dealt with, tried, and laid and charged to have been committed, in any county or place in which the offender shall be apprehended or be in custody; and every accessary before or after the fact to any such offence, if the same be a felony, and every person aiding, abetting, or counselling the commission of any such offence, if the same be a misdemeanor, may be dealt with, indicted, tried, and punished, and his offence laid and charged to have been committed, in any county or place in which the principal offender may be tried. Id. 8, 24,

And where any offence punishable under this Act shall be committed within the jurisdiction of the admiralty, it shall be dealt with, inquired of, tried, and determined in the same manner as any other offence committed within that jurisdiction. 14. 8. 27,

Principals and accessaries,] Every principal in the second degree, and every accessary before the fact, shall be punishable in the same manner as the principal in the first degree; and every accessary after the fact to any felony punishable under this Act, shall, on conviction, be liable to be imprisoned for any term not exceeding two years, Id. 8, 25,

Hard labour, &c.] Where any person shall be convicted of any offence, punishable under this Act with imprisonment, the court may sentence him to be imprisoned, with or without hard labour, in the common gaol or house of correction, and also direct that the offender shall be kept in solitary confinement for the whole or any portion or portions of such imprisonment, as to the court in its discretion shall seem 14. 8. 26,

FRAMEWORK KNITTERS.

See “Larceny " " Malicious Injuries,” "Manufactures,"

FRIENDLY SOCIETIES,

It is not intended here to treat of friendly societies, but merely of the duties of justices with respect to them. This shall be done under the following heads, merely premising an

observation or two as to the purposes for which such societies may be formed. By stat. 33 G. 3, c. 54, s. 1, any number of persons may form themselves into and establish one or more society or societies of good fellowship, for raising by subscription of the members thereof, or by voluntary contribution [or donations, 10 G. 4, c. 56, s. 2,] a fund "for the mutual relief and maintenance of the members thereof, in old age, sickness and infirmity, or for the relief of the widows and children of deceased members."

And by stat. 9 & 10 Vict. c. 27, s. 1, such societies may be established for any of the following purposes, viz :—

1. For the lawful insurance of money to be paid on the death of the members to their wives or children, kindred or nominees, or for defraying the expenses of the burial of the members, their wives or children : 2. For the relief, maintenance or endowment of the members, their wives, children, kindred or nominees, in infancy, old age, sickness, widowhood, or any other natural state of which the probability may be calculated by way of average:

3. Toward making good any loss sustained by the members by fire, flood, or shipwreck, or by any contingency of which the probability may be calculated by way of average, whereby they shall have sustained any loss or damage of their goods or stock-in-trade, or of the tools or instruments of their trade or calling :

4. For the frugal investment of the savings of the members, for better enabling them to purchase food, firing, clothes or other necessaries, with or without the assistance of charitable donations: provided always, that the shares in any such investment society shall not be transferable, and that each share shall be for the sole benefit of the member investing, or of some person or persons claiming by or through him or her:

5. For any other purpose which shall be certified to be legal, in England or Ireland by Her Majesty's attorneygeneral, and in Scotland by the lord advocate, and which shall be allowed by one of Her Majesty's principal secretaries of state, as a purpose to which the extraordinary powers and facilities of the said Acts ought to be extended: provided that the amount of the sum or value of the benefit to be assured to any member, or any person claiming by or through him or her, by any such allowed society, shall not exceed in the whole two hundred pounds; and that this limitation shall be inserted in the rules of every such allowed society. But when a society is formed, under the provisions of the said Acts or this Act, for any purpose in addition to that of providing relief, maintenance or endowment in case of infancy,

old age, sickness, widowhood, or other natural state as aforesaid, the contributions or payments for every such other purpose shall be kept separate and distinct, or the charges defrayed by extra subscriptions of the members. Id. s. 3.

But a society established for the purpose of lending the money raised by the contribution of its members to the members themselves, is not a friendly society within the meaning of these statutes. R. v. Scott, 13 Law J. 70, m.

As to their exemptions from stamp duties, and the investment of their funds in saving banks, see stat. 3 & 4 Vict. c. 73.

Their rules.] The members of such a society may from time to time assemble together, and make such proper and wholesome rules for the government and guidance of the same, as to the majority of the assembly shall seem meet, so as such rules be not repugnant to the laws of this realm, nor any of the express provisions or regulations of this Act; and may impose such reasonable fines and forfeitures upon such members as shall offend against any of the rules, as shall be just and necessary for duly enforcing the same, to be paid to such uses for the benefit of the society as by such rules they shall direct. 10 G. 4, c. 56, s. 2. These rules shall declare the purposes for which the society is established, and to which the funds shall be applied; Id. s. 3; they shall contain provisions as to the powers and duties of the members at large, and of such committees or officers as may be appointed for the management of the affairs of the society; Id. s. 10; they shall specify the place at which the meetings of the society shall be holden, which, however, may be altered when deemed necessary; Id.; and shall specify whether a reference of disputes between the society and members, &c., shall be to such justices of the peace as may act for the county in which such society may be formed, or to arbitrators to be appointed as directed by the Act. Id. s. 27. And these rules may from time to time be altered and amended, or annulled, and new rules substituted for them; Id. s. 2; provided this be done at some general meeting of the members, convened by public notice, in manner directed by the Act. Id. s. 9. See R. v. Ld. Godolphin et al., 8 Ad. & El. 338.

Two transcripts of these rules, signed by three members, and countersigned by the clerk or secretary, shall be transmitted to the barrister appointed to certify the rules of saving banks, [now called the registrar of friendly societies, 9 & 10 Vict. c. 27, s. 10,] who shall certify on oath that the same are in conformity to law, and shall return one transcript to the society, [and shall keep the other himself; and all transcripts of such rules hitherto certified, and filed with the rolls of the sessions of the peace of any county, &c., shall be taken off the

file, and returned to the said registrar, to be hereafter kept by him; 9 & 10 Vict. c. 27, s. 12 ;] and all rules or alterations thereof shall be binding on the members, &c., of the society, from the time they shall be so certified by the barrister. 4 & 5 W. 4, c. 40, s. 4. Provided that the registrar shall not certify the rules of any friendly society for securing any benefit depending on the laws of sickness or mortality, unless such society shall adopt a table, certified by an actuary to be one which may safely and fairly be adopted for such purpose. 9 & 10 Vict. c. 27. s. 13.

Complaints how determined.] First, as to the societies which have been formed previously to stat. 10 Geo. 4, c. 56, and which have not conformed to the provisions of that Act (see 4 & 5 W. 4, c. 40, s. 14,) if any member [or the widow or child of any deceased member, 59 G. 3, c. 128, s. 15,] shall think himself aggrieved 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 G. 3, c. 125, s. 3,] as to them shall seem just, which shall be final to all intents and purposes. 33 G. 3, c. 54, See R. v. Soper et al., 3 B. & C. 857. If the order be for payment of a sum of money, as relief, and the sum 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 G. 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.

s. 15.

On the other hand, if a member of any such society shall offend against any of the rules, any two justices residing within the county, riding, city, &c., wherein such 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 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. 49 G. 3, c, 125, 8, 1, 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. Id.

If the rules of such society shall contain a provision that disputes between the society and any member thereof shall be referred to arbitration, it shall be so referred; and the award of the arbitrators shall be final. 33 G. 3, c. 54, 8, 16.

See 10 G. 4, c, 56, s. 27, post, p. 498.

Secondly, as to societies formed since stat, 10 G. 4, c. 56, or which have conformed to the provisions of that Act:By that statute all former Acts are repealed, 10 G. 4, c. 56 s. 1, except so far as respects societies before formed, and until they shall have conformed to the provisions of that Act. 4 & 5 W. 4, c. 40, s. 14. And by the rules of the societies formed under or conforming to that Act, it must be specified whether all disputes between the society or any person acting under them and any individual member, shall be decided by justices of the peace or referred to arbitration; (see 10 G. 4, c. 56, 8, 27;) and the remedy must be accordingly; (See Tyrrell v. Woolley et al., 10 Law J, 5, cp.) except in cases of fraud, with respect to which the statute contains the following enact

ment :

"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 moneys 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:" any one justice of the peace, residing within the county in which such society shall be held, upon complaint thereof on oath by an officer of the society appointed for that purpose, may summon the party: and upon his appearance, or in default thereof, upon due proof on oath of the service of such summons, two justices residing within the county aforesaid may hear and determine the complaint; and upon due proof of such fraud, the justices shall convict the party, and award double the amount of the money so fraudulently obtained or withheld to be paid to the treasurer, to be by him applied to the purposes of the society, and costs not exceeding ten shillings; and if such sum and costs be not paid within the time specified in the order, the justices by their warrant may cause the same to be levied by distress, and in default of distress, the justices may commit the party to the