[ No. VIII. ] 10 George IV. c. 56.-An Act to consolidate and amend the Laws relating to Friendly Societies. [19th June 1829.] [This Act repeals all former Acts relative to Friendly Societies, but the 40th section allows Societies, inrolled at the passing thereof, three years to conform; consequently, during that period, unless they previously comply with the provisions of this Act, they will continue under the regulations of the former Acts. It may also happen, if any of such Societies should be dissolved without having conformed, questions may arise on these old Acts; they are therefore continued in the present edition.] WHEREAS it is expedient to amend the laws relating to friendly No. VIII. 10 Geo. IV. c. 56. societies, and to consolidate the same in one Act, and to make other provisions respecting friendly societies; be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That an Act passed in the thirty-third year of his late Majesty's reign, intituled An Act for the En- 33 G. 3. c. 54. couragement and Relief of Friendly Societies; and also so much of an Act passed in the thirty-fifth year of his said late Majesty's reign, intituled An Act for the more effectually carrying into execution an Act made in the 35 G. 3. c. 111. Thirty-third Year of the Reign of His present Majesty, intituled An Act for the Encouragement and Relief of Friendly Societies, and for extending so much of the Powers thereof as relates to the framing Rules and Regulations for the better Management of the Funds of such Societies, and the Appointment of Treasurers to other Institutions, of a charitable nature, as relates to friendly societies; and also an Act passed in the Parliament of Ireland in the thirty-sixth year of his said late Majesty's reign, intituled An Act for the Encouragement and Relief of Friendly Societies; and 36 G. 3. (I.) also an Act passed in the forty-third year of his said late Majesty's reign, intituled An Act for enabling Friendly Societies, intended to be established 43 G.3.c.111. under an Act passed in the Thirty-third Year of the Reign of His present Majesty, to rectify Mistakes made in the Registry of their Rules; and also an Act passed in the forty-ninth year of his said late Majesty's reign, to explain and render more effectual the said recited Act made in the Parliament of Ireland in the thirty-sixth year of his said late Majesty's reign; and also an Act passed in the forty-ninth year of his said late Majesty's 49 G. 3. c. 125. reign, intituled An Act to amend an Act made in the Thirty-third Year of his present Majesty, for the Encouragement and Relief of Friendly Societies; and also an Act passed in the fifty-ninth year of his said late Majesty's 49 G. 3. c. 58. reign, intituled An Act for the further Protection and Encouragement of 59 G.3.c. 128. Friendly Societies, and for preventing Frauds and Abuses therein; and also so much of an Act passed in the sixth year of the reign of his present Majesty, intituled An Act for consolidating and amending the Laws relating 6 G. 4. c. 74. to Conveyances and Transfers of Estates and Funds vested in Trustees who in part repealed are Infants, Idiots, Lunatics, or Trustees of unsound Mind, or who cannot except as herein be compelled or refuse to act, and the Laws relating to Stocks and Securities stated. belonging to Infants, Idiots, Lunatics, and Persons of unsound Mind, as relates to friendly societies, for the better security, or for the application, receipt, payment, or transfer of any of the funds thereof; shall be and the same are hereby repealed, except so far as any of the said Acts repeal the whole or any part of any other Acts, and except as herein-after is excepted: Provided nevertheless, that such repeal shall not invalidate or affect any thing which has been done before the passing of this Act in pursuance of any of the said Acts. II. And whereas certain friendly societies have been established in Great Britain and Ireland, for raising, by voluntary subscription of the members thereof, separate funds for the mutual relief and maintenance of the said members in sickness, old age, and infirmity; and it is expedient to give protection to such societies and the funds thereby established, and to afford encouragement to other persons to form the like societies; be it enacted, That it shall and may be lawful to and for any number of persons in Great Britain and Ireland to form themselves into and to VOL. VII. * P Any Number of Persons may form themselves into a Society, and raise a Fund for their mutual Benefit, and make Rules &c. No. VIII. 10 Geo. IV. c. 56. Power to alter and amend Rules. Societies, in their Rules to declare the &c. establish a society for the purpose of raising from time to time, by subscriptions of the several members of every such society, or by voluntary contributions, or by donations, a stock or fund for the mutual relief and maintenance of all and every the members thereof, their wives or children or other relations, in sickness, infancy, advanced age, widowhood, or any other natural state of contingency whereof the occurrence is susceptible of calculation by way of average; and to and for the several members of each society from time to time to assemble together, and to make ordain and constitute such proper and wholesome rules for the better government and guidance of the same as to the major part of the members of such society so assembled together shall seem meet, so as such rules shall not be repugnant to the laws of this realm, nor any of the express provisions or regulations of this Act; and to impose and inflict such reasonable fines and forfeitures upon the several members of any such society who shall offend against such rules as shall be just and necessary for duly enforcing the same, to be respectively paid to such uses, for the benefit of such society, as such society by such rules shall direct; and also from time to time to alter and amend such rules as occasion shall require, or to aunul and repeal the same, and to make new rules in lieu thereof, under such restrictions as are in this Act contained. III. And be it further enacted, That every such society so to be established as aforesaid, before any of the rules thereof shall be confirmed by the justices in the manner herein-after directed, shall, in or by one or Purpose of their more of the rules to be confirmed by such justices, declare all and every Establishment, the intents and purposes for which such society is intended to be established, and shall also in and by such rules direct all and every the uses and purposes to which the money 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 shall belong 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; provided that the application thereof shall not in anywise be repugnant to the uses intents and purposes of such society, or any of them, so to be declared as aforesaid; and all such rules, during the 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 of such society, or belonging thereto, shall not be diverted or misapplied either by the treasurer trustee or any other officer or member of such society entrusted therewith, under such penalty or forfeiture as such society shall by any rule impose and inflict for such offence. Rules of the submitted to a by whom they are to be certified; and deposited with the Clerk of the Peace. IV. And be it further enacted, That a transcript fairly written on paper or parchment of all such rules, signed by three members, and countersigned by the clerk or secretary, with all convenient speed after the same shall be made altered or amended, and so from time to time after every making altering or amending thereof shall be submitted, in England and Wales and Berwick-upon-Tweed, to the barrister at law for the time being appointed to certify the rules of saving banks, and in Scotland to the lord-advocate or any of his deputies, and in Ireland to such barrister as may be appointed by his Majesty's attorney-general in Ireland, for the purpose of ascertaining whether the said rules of such society, or alteration or amendment thereof, are in conformity to law and to the provisions of this Act; and that the said barrister or advocate shall give a certificate thereof, or point out in what part or parts they are repugnant thereto; and that the fee payable to such barrister or advocate for perusing the rules, or alterations or amendments of the rules, of each respective society, and giving such certificate as aforesaid, shall not at any one time exceed the sum of one guinea, which, together with the expence of conveying the rules to and from the said barrister or advocate, shall be defrayed by each society respectively; and such transcript, when certified by the said barrister or advocate, shall be deposited with the clerk of the peace for the county wherein such society shall be formed, and by him laid before the justices for such county at the general quarter ses sions, or adjournment thereof, next after the time when such transcript shall have been so certified and returned as aforesaid; and the justices then and there present are hereby authorized and required to allow and confirm the same; and such transcript shall be filed by such clerk of the peace with the rolls of the sessions of the peace in his custody; and a certificate of the inrolment thereof shall, within fourteen days after the end of the said sessions or adjournment thereof, be signed by such clerk of the peace on a duplicate copy to be provided by and returned to such society, without fee or reward: Provided always, that nothing herein contained shall be construed to require any rules alterations or amendments thereof, to be submitted to such barrister or advocate, if the same, when deposited with the clerk of the peace, are accompanied with an affidavit of being a copy of any of the rules alterations or amendments of any other society which shall have been already inrolled under the provisions of this Act in the same county. V. Provided always, and be it further enacted, That in case any such barrister or advocate shall refuse to certify all or any of the rules so to be submitted for his perusal and examination, it shall then be lawful for any such society to submit the same to the court of quarter sessions, together with the reasons assigned by the said barrister or advocate, in writing, for any such rejection or disapproval of any one or more such rules; and that the justices at their said quarter sessions shall and may, if they think fit, confirm and allow the same, notwithstanding any such rejection or disapproval by any such barrister or advocate. VI. Provided always, and be it further enacted, That no rules of any society hereafter to be formed shall be allowed unless it shall appear to the justices to whom the same are tendered that the tables of the payment to be made by the members, and of the benefits to be received by them, may be adopted with safety to all parties concerned. VII. And be it further enacted, That no such society as aforesaid shall have the benefit of this Act, unless all the rules for the management thereof shall be entered in a book to be kept by an officer of such society appointed for that purpose, and which book shall be open at all seasonable times for the inspection of the members of such society, and unless all such rules shall be fairly transcribed, and such transcript deposited with the clerk of the peace for the county wherein such society shall be established as aforesaid; but nevertheless nothing contained herein shall extend to prevent any alteration in or amendment of any such rules so entered and deposited and filed as aforesaid, or repealing or annulling the same, or any of them, in the whole or in part, or making any new rules for the management of such society, in such manner as by the rules of such society shall from time to time be provided; but such new rules, or such alterations in or amendments of former rules, or any order annulling or repealing any former rules in the whole or in part, shall not be in force until the same respectively shall be entered in such book as aforesaid, and certified, when necessary, by such barrister or advocate as aforesaid, and until a transcript thereof shall be deposited with such clerk of the peace as aforesaid, who shall file and certify the same as aforesaid; and that no such rule, or alteration in or amendment of any former rule, shall be binding or have any force or effect until the same shall have been confirmed by such justices, and file as aforesaid. VIII. And be it further enacted, That all rules from time to time made and in force for the management of such society as aforesaid, and duly entered in such book as aforesaid, and confirmed by the justices as aforesaid, shall be binding on the several members and officers of such society, and the several contributors thereto, and their representatives, all of whom shall be deemed and taken to have full notice thereof by such entry and contribution as aforesaid; and the entry of such rules in such book as aforesaid, or the transcript thereof deposited with such clerk of the peace as aforesaid, or a true copy of such transcript, examined with the original and proved to be a true copy, shall be received as evidence of such rules respectively in all cases; and no certiorari, suspension, advocation, reduction, or other legal process shall be brought No. VIII. or allowed to remove any such rules into any of his Majesty's Courts of 10 Geo. IV. Record; and every copy of any such transcript deposited with any clerk of the peace as aforesaid shall be made without fee or reward, except the actual expence of making such copy. c. 56. No confirmed Rule to be altered but at a General Meeting of the Society, &c. Rules shall specify Place of Societies may Society may ap point Officers. Securities to be given for Officers of Trust, if required. IX. And be it further enacted, That no rule confirmed by the justices of the peace in manner aforesaid shall be altered rescinded or repealed, unless at a general meeting of the members of such society as aforesaid, convened by public notice, written or printed, signed by the secretary or president or other principal officer or clerk of such society, in pursuance of a requisition for that purpose by seven or more of the members of such society, which said requisition and notice shall be publicly read at the two usual meetings of such society to be held next before such general meeting for the purpose of such alteration or repeal, unless a committee of such members shall have been nominated for that purpose at a general meeting of the members of such society convéned in manner aforesaid, in which case such committee shall have the like power to make such alterations or repeal, and unless such alterations or repeal shall be made with the concurrence and approbation of three-fourths of the members of such society then and there present, or by the like proportion of such committee as aforesaid, if any shall have been nominated for that purpose. X. And be it further enacted, That the rules of every society formed under the authority of this Act shall specify the place or places at which it is intended such society shall hold its meetings, and shall contain provisions with respect 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 such society: Provided always, that it shall and may be lawful for any such society to alter their place or places of meet ing whenever they may consider it necessary, upon giving notice thereof in writing to the clerk of the peace for the county within which such society shall be held, the said notice to be given within seven days before or after such removal, and signed by the secretary or other principal officer, and also by three or more of the members of the said society; and provided that the place or places at which such society intend to hold their meetings shall be situate within the county in which the rules of the said society are inrolled. XI. And be it further enacted, That every such society shall and may from time to time, at any of their usual meetings, or by their committee, if any such shall be appointed for that society, elect and appoint such person into the office of steward, president, warden, treasurer, or trustee of such society, as they shall think proper, and also shall and may from time to time elect and appoint such clerks and other officers as shall be deemed necessary to carry into execution the purposes of such society, for such space of time and for such purposes as shall be fixed and established by the rules of such society, and from time to time to elect and appoint others in the room of those who shall vacate or die; and such treasurer trustee and all and every other officer or other person whatever who shall be appointed to any office in anywise touching or concerning the receipt management or expenditure of any sum of money collected for the purpose of any such society, before he she or they shall be admitted to take upon him her or them the execution of any such office or trust, (if required so to do by the rules of such society to which such officer shall belong,) shall become bound in a bond, according to the form prescribed in the schedule to this Act annexed, with two sufficient sureties, for the just and faithful execution of such office or trust, and for rendering a just and true account according to the rules of such society, and in all matters lawful to pay obedience to the same, in such penal sum of money as by the major part of such society at any such meeting as aforesaid shall be thought expedient, and to the satisfaction of such society; and that every such bond to be given by or on the behalf of such treasurer or trustee, or of any other person appointed to any other office or trust, shall be the Clerk of the given to the clerk of the peace of the county where such society shall be established, for the time being, without fee or reward; and in case of Treasurer or Trustees to give Bond to Peace. No. VIII. c. 56. Committees. Powers of forfeiture it shall be lawful to sue upon such bond in the name of the clerk of the peace for the time being for the use of the said society, fully 10 Geo. IV. indemnifying and saving harmless such clerk of the peace from all costs and charges in respect of such suit; provided that such bond shall have in Scotland the same force and effect as a bond in the form in use in Scotland containing a clause of registration. XII. And be it further enacted, That every such society shall and may Appointment of from time to time elect and appoint any number of the members of such society to be a committee, the number thereof to be declared in the rules of every such society, and shall and may delegate to such committee all or any of the powers given by this Act to be executed, who, being so delegated, shall continue to act as such committee, for and during such time as they shall be appointed, for such society, for general purposes, the powers of such committee being first declared in and by the rules of such society, confirmed by the justices of the peace at their sessions, and filed in the manner herein-before directed; and in all cases where a committee shall be appointed for any particular purpose, the powers delegated to such committee shall be reduced into writing and entered into a book by the secretary or clerk of such society, and a majority of the members of such committee shall at all times be necessary to concur in any Act of such committee; and such committee shall, in all things delegated to them, act for and in the name of such society; and all Acts and orders of such committee, under the powers delegated to them, shall have the like force and effect as the Acts and orders of such society at any general meeting thereof could or might have had in pursuance of this Act: Provided al- Committee ways, that the transactions of such committee shall be entered in a book controllable by belonging to such society, and shall be from time to time and at all times Society. subject and liable to the review allowance or disallowance and controul of such society, in such manner and form as such society shall by their general rules, confirmed by the justices and filed as aforesaid, have directed and appointed, or shall in like manner direct and appoint. Standing Committees to be declared in the Rules of the Society, and of particular ones entered in a Book. XIII. And be it further enacted, That it shall and may be lawful to and Treasurer or for the treasurer or trustee for the time being of any such society, and he Trustees to lay she and they is and are hereby authorized and required, from time to time, out Surplus of by and with the consent of such society, to be had and testified in such Contributions; manner as shall be directed by the general rules of such society, to lay out or dispose of such part of all such sums of money as shall at any time be collected given or paid to and for the beneficial ends intents and purposes of such society, as the exigencies of such society shall not call for the immediate application or expenditure of, either on real or heritable securities or heritable property, to be approved of as aforesaid, (such securities to be taken in the name of such treasurer or trustee for the time being,) or to invest the same in the public stocks or funds savings banks or government securities, or in any of the chartered banks in Scotland, or in the Bank of the Commercial Banking Company of Scotland, and not otherwise, in the proper name of such treasurer or trustee; and from time to time, with and to bring the such consent as aforesaid, to alter and transfer such securities and funds, Proceeds to and to make sale thereof respectively; and that all the dividends interests account. and proceeds which shall from time to time arise from the monies so laid out or invested as aforesaid shall from time to time be brought to account by such treasurer or trustee, and shall be applied to and for the use of such society, according to the rules thereof. XIV. And be it further enacted, That every person who shall have or Treasurers, receive any part of the monies effects or funds of or belonging to any such &c., to render society, or shall in any manner have been or shall be entrusted with the Accounts, and disposal management or custody thereof, or of any securities, books, pa- pay over Bapers, or property relating to the same, his or her executors administrators lances, &c. and assigns respectively, shall, upon demand made, or notice in writing given or left at the last or usual place of residence of such persons, in pursuance of any order of such society, or committee to be appointed as aforesaid, for that purpose, give in his or her account at the usual meeting of such society, or to such committee thereof as aforesaid, to be examined and allowed or disallowed by such society or committee thereof, and shall, VOL. VII. P |