Imagens das páginas
PDF
ePub

Acts; and no such society shall be entitled to the benefits of this Act until their rules shall have been so certified and deposited; and that no such society shall be required to alter in any manner the rules under which they are now respectively governed.

VIII. Exemption from stamp duties.] And be it further enacted, that no rules of any such society, or any copy thereof, nor any transfer of any share or shares in any such society, shall be subject or liable to or charged with any stamp duty or duties whatso

ever.

[Other exemptions are provided by 10 Geo. 4, c. 56, s. 37 and 37 & 38 Vict. c. 42, s. 41.]

IX. Public Act.] And be it further enacted, that this Act shall be deemed a public Act, and shall extend to Great Britain, 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.

10 GEO. 4, CAP. 56.

An Act to consolidate and amend the laws relating to Friendly Societies.

[19th June 1829.]

Sect. 1 repeals 33 Geo. 3, c. 54; 35 Geo. 3. c. 111; 36 Geo. 3, (I.); 43 Geo. 3, c. 111; 49 Geo. 3, c. 58; 49 Geo. 3, c. 125 ; and 59 Geo. 3, c. 128; and 6 Geo. 4, c. 74 in part.

Sect. 2 provides that any number of persons may form themselves into a society, and raise a fund for their mutual benefit, and make rules, &c.

III. Societies, in their rules, to declare the purpose of their establishment, &c.] Every such society so to be established as aforesaid, before any of the rules thereof shall be confirmed by the justices in the manner hereinafter directed, shall, in or by one or more of the rules to be confirmed by such justices, declare all and every 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 moneys so subscribed, paid, or given, or so arising, to or for the use and 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.

Sect. 4, providing that rules of the society are to be submitted to a barrister, or other person, by whom they are to be certified, and deposited with the clerk of the peace, is repealed by 4 & 5 Will. 4, c. 40,

8. 3.

V. Manner of proceeding in case [Registrar] shall refuse to certify.] Provided always, and be it further enacted, that in case the [registrar] 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 [registrar] 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 [registrar).

[The words within brackets are the alterations introduced by 37 & 38 Vict. c. 42, s. 7.]

Sect. 6, providing that rules are not to be allowed unless the justices are satisfied with the tables, is repealed by 4 & 5 Will. 4, c. 40, s. 1.

VII. Society [when] entitled to the benefit of this Act.] 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 *

but nevertheless nothing contained herein shall extend to prevent any alteration in or amendment of any such rules so entered * * 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 [registrar] as aforesaid *

[The portions omitted from this section are repealed by 4 & 5 Will. 4, c. 40.]

*

**

VIII. Rules, when entered and deposited, to be binding on members and depositors.Copy of transcript to be received in evidence.] 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 * 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

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 or allowed to remove any such rules into any of His Majesty's courts of record; and every copy of any such transcript * as aforesaid shall be made without fee or reward, except the actual expense of making such copy.

[Further provision as to the evidence of documents is made by 37 and 38 Vict. c. 42, s. 20.]

*

IX. No * * rule to be altered but at a general meeting of the society, &c.] And be it further enacted, that no rule * * 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

president or other principal officer or clerk of such society, in pursuance of à requisition for that purpose by seven 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 or such alteration or repeal, unless a committee of such members shall have been nominated for that purpose at a

or

more

general meeting of the members of such society convened 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.

[Further provision as to the alteration of rules is made by 37 & 38 Vict. c. 42, s. 18.]

X. Rules shall specify place of meeting and duties of officers.-Societies may alter place of meeting.] 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 meeting whenever they may consider

it necessary, upon giving notice thereof in writing to the registrar] 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 enrolled.

XI. Society may appoint officers. - Securities to be given for offices of trust, if required.Treasurer or trustees to give bond to the clerk of the peace.] 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

« AnteriorContinuar »