6 Geo. 3, c. 29. Selling un marked goods. Penalties how to be recovered. Appeal. Act not to affect rights, &c. of wrought, any frame-work knitted goods of any of the materials aforesaid, or any mixture thereof (except such as shall be made of silk only), without being so marked, he shall forfeit the same, and also 57. for each piece of such frame-work knitted goods, or pair of stockings. Sects. 4, 5, 6. Provided that the said penalty of 51. shall not extend to any journeyman, apprentice, servant, or person not making such goods or manufactures on his own account; but such person offending herein shall forfeit not exceeding 40s. nor less than 58. for each piece or pair; but if he can prove that the goods by him unduly marked were so marked by direction of his master, or the person by whom he was employed, in that case he shall not be subject to any penalty. Sect. 7. And if any frame-work knitter, hosier, or other person, shall sell or expose to sale any of the said goods, not duly and truly marked as aforesaid, he shall forfeit the same, and also 51. for each piece or pair. Sect. 8. Provided, that if the person prosecuted for selling or exposing the same to sale shall discover the vender or seller thereof, so as he may be convicted, such person shall be discharged from any penalty or forfeiture inflicted by this act. Sect. 9. One justice where the offence shall be committed (not being a frame-work knitter, hosier, or proprietor of frames) may convict the offender, on the oath of one witness; and if on such conviction the penalties or forfeitures shall not be forthwith paid, the said justice shall issue his warrant to levy the same by distress, rendering the overplus, if any; and if no goods, or not sufficient, can be found, such justice shall, on oath thereof made to him by the person who shall have the execution of the warrant, commit the offender to the common gaol of the place where the offence shall be committed for any time not exceeding three months, unless the penalties and forfeitures shall be sooner paid and satisfied: all which penalties and forfeitures shall be applied half to the informer and half to the poor. Sect. 10. Persons aggrieved may appeal to the sessions, giving ten days' notice in writing of his intent to the justice, and within two days after notice entering into recognizance before a justice with two sureties to try the appeal at such sessions; and the justices there, on due proof of such notice and recognizance, shall hear and determine the same, and award costs to either party, as they shall think fit; and their de termination shall be final, binding, and conclusive, to all intents and purposes. Sect. 12. Provided, that nothing herein shall extend to abridge or take company of frame away any rights or privileges of the master, wardens, and assistants of the company of frame-work knitters. work knitters. Franks. Franking of Letters, see "Post Office," Vol. V. Fraud. As to obtaining Property by false Pretences, and as to Freehold, Larceny of Things of, see post, "Larceny;" Forcible Entry into, see ante, "Forcible Entry;" in Soil of Highways, see post, "Highways,;" in Bridges, see "Bridges," Vol. I. p. 447. Freemasons, Assembly of, not unlawful, when, see "Riot," Vol. V. 147 = " Friendly Societies, Building THE 10 Geo. IV. c. 56 repeals all the prior acts relative to friendly The 2 Will. IV. c. 37, s. 1, extended the period for such enrolment until Michaelmas Day, 1834; and the 4 & 5 Will. IV. c. 40, still further extends it until the society, established under any of the acts repealed by the 10 Geo. IV., shall have conformed to the 10 Geo. IV. as altered and amended by the 4 & 5 Will. IV. c. 40. These repealed statutes, therefore, may be still called into operation where societies, established under them previous to the 10 Geo. IV. c. 56, have not yet conformed to that act, as altered and amended by the 4 & 5 Will. ÏV.; and upon this account it is deemed proper to insert them in this work. And herein of— 1. Friendly Societies formed before the 10 Geo. IV. c. 56, p. 147. IL Societies formed after that Act, or which have conformed to its III. Loan Societies, p. 198. IV. Building Benefit Societies, p. 207. As to savings banks, see "Banks for Savings," Vol. I. 1. Societies formed before the 10 Geo. 4, c. 56. 1. Societies formed before the 10 Geo. IV. c. 56. Stat. 33 Geo. III. c. 54, intituled "An Act for the encouragement and 33 Geo. 3, c. 54. ref of Friendly Societies," [21st June, 1793] (a), reciting, "Whereas the protection and encouragement of friendly societies in this kingdom, 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, is likely to be attended with very bene (a) It is observable that this original act, 33 Geo. III. c. 54, was extended in its operation as to time by 35 Geo. III. c. 111, to other similar societies formed before or immediately after Michaelmas, 1796; and that the 35 Geo. III. further extended the bene fit of 33 Geo. III. to certain other 1. Societies formed before the 10 Geo. 4, c. 56. 33 Geo. 3, c. 54. Any number of persons may form themselves into a society, and raise among themselves a fund for their mutual benefit, and may make rules and impose fines, &c. ficial effects, by promoting the happiness of individuals, and at the same time diminishing the public burdens;" enacts, "That it shall and may be lawful to and for any number of persons in Great Britain to form themselves into and to establish one or more society or societies of good fellowship, for the purpose of raising from time to time by subscriptions of the several members of every such society, or by voluntary contributions (a), a stock or fund for the mutual relief and maintenance of all and every the members thereof in old age, sickness, and infirmity, or for the relief of the widows and children of deceased members (b), and to and for the several members of each such society, or such number of them as shall be nominated a committee for that purpose, from time to time to assemble together, and to make, ordain, and constitute such proper and wholesome rules, orders and regulations for the better government and guidance of the same as to the major part of such society or such committee thereof so assembled together shall seem meet, so as such rules, orders, and regulations shall not be repugnant to the laws of this realm, nor any of the express provisions or regulations of this act (c), and to impose and inflict such reasonable fines and forfeitures upon the several members of any such society who shall offend against such rules, orders, or regulations 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, orders or regulations shall direct; and also from time to time to alter and amend such rules, orders and regulations as occasion shall require, or to annul and repeal the same, and to make new rules, orders and regulations in lieu thereof, under (a) By the 10 Geo. IV. c. 56, s. 2, post, 161, it will be seen that the subscriptions may be raised by donations. (b) In Rex v. Justices of Stafford- are many societies established amongst A society for the relief in sickness, bers must be parties. (Beaumont v. Meredith, supra; see also Cockburn v. Thompson, 16 Ves. 321). And unless the bye laws of such a society have been duly confirmed according to the regulations of this act, there is no remedy at law by one or more of the members against another who converts the joint property to his own use. (Holliday v. Camsell, 1 T. R. 658). But when the bye-laws, &c. have been duly confirmed, then, under the 11th section, the treasurer or trustee may sue. (Id. ib.) No friendly society is within the meaning of this act, so as to require the justices in sessions to allow and confirm their rules, &c. in the manner therein provided for; if it appear that the general objects of such society are not confined to the charitable relief and maintenance of its old, sick, and infirm members, their widows and children. (Rex v. Staffordshire (Justices), 12 East, 280; and see Rex v. Egremont, 14 East, 253). The purposes to which the funds may be applicable are extended by the 10 Geo. IV. c 56, s. 2, post, 168, and 4 & 5 Will. IV. c. 40, s. 2, post, 184. (c) Where rules and principles of a friendly society have been framed erroneously, so as to tend to exhaust its funds, the Court of Chancery will grant an injunction to restrain payments. (Reeve v. Parkins, 2 Jac. & W. 390; see also Pearce v. Piper, 17 Ves. 1). sach restrictions as are in this act contained." (See stat. 59 Geo. III. e. 128, post, 163, to which all societies formed after the 12th July, 1819, must conform). Sect. 2. Provided always, "That all such rules, orders, and regulations, 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 exhibited in writing to the justices of the peace assembled at the general quarter sessions of the peace, or at any adjournment thereof, in and for the county, riding, division, or shire, where such (a) society shall be established, and such rules, orders, and regulations shall be subject to the review of such justices, who shall and may, after due examination thereof, at the then or the then next subsequent session, annul and make void all such rules, orders, or regulations as shall be repugnant to this act, and shall allow and confirm all such rules, orders, and regulations as shall be conformable to the true intent and meaning of this act (6); and after the confirmation thereof by such justices, all such rules, orders, and regulations so confirmed shall be signed by the clerk of the peace at such sessions, and a duplicate thereof being first fairly wrote on parchment, shall be deposited with the clerk of the peace at such sessions, to be by him filed with the rolls of the sessions there, without any fee to be paid for any matter or thing relating to the same; and such rules, orders, and regulations approved of and confirmed by the justices, and filed as aforesaid, shall be binding upon all parties during the continuance of the same: and no such society which shall hereafter be established shall be deemed or taken to be within the intent and meaning of this act until good and competent rules, orders, and regulations for the government of the same shall have been confirmed by the justices, and filed as aforesaid, according to the directions of this act before mentioned; nor shall any such society which hath already been established for the purpose aforesaid, be or be deemed or taken to be within the intent and meaning of this act, unless all the rules, orders, or regulations under which such society is thereafter to be governed, shall be exhibited and confirmed in manner aforesaid, and shall be filed at the general quarter sessions of the peace, or at any adjournment thereof to be holden in and for the county, riding, division, or shire where such society hath been established, at some time before or immediately next after the feast of St. Michael, in the year 1794." [Stat. 35 Geo. III. c. 111, s. 1, (post, 158), allowed a further time, viz. till Michaelmas sessions, 1796, for complying with this provision.] (a) See Rex v. Staffordshire, 12 East, 280, ante, 148. (b) An action cannot under this act be maintained by the trustees for the time being, of a benefit society elected under new regulations agreed to by the members, unless such regulations have been confirmed by the quarter sessions, although the original rules of the society were enrolled in pursuance of this statate. (Battey v. Townrow, 4 Camp. 3, And it seems that a friendly society, whose rules had been originally enrolled, but which had adopted and acted on new rules for a number of years, without having them enrolled, ceased to be within the protection of this act. Reg. v. Godolphin, 3 Nev. & Per. 488; 8 Ad. & Ell. 338, S. C.; and se Ex parte Norrish, Jac. 162). The court, in the former of the two cases, refused to issue a mandamus to But an action is sustainable on a 1. Societies [And by stat. 43 Geo. III. c. 111, (post, 158), any society who may formed before have so exhibited their regulations, may exhibit them to the quarter sessions for the county, under certain regulations.] the 10 Geo. 4, c. 56. 33 Geo. 3, c. 54. No confirmed rule to be altered but [See also stat. 59 Geo. III. c. 128, post, 163; and R. v. Wade, 1 Ad. & Ell. 861, post, 185, n.] Sect. 3. Provided also, "That no rule, order, or regulation confirmed by the justices of the peace in manner aforesaid shall be altered, reat a general meet- scinded, or repealed, unless at a general meeting of the members of such ing of the society, &c. (a). Alterations of rules to be subject to the review of the quarter sessions. Society may appoint officers. Securities to be given for officers of trust, if required. Treasurers or society as aforesaid, convened by public notice in writing, signed by the secretary or clerk of such society, in pursuance of a requisition for that purpose by three or more of the members of such society, and 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, in which case such committee shall be convened in like manner, and unless such alteration 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; and such alteration or repeal shall be subject to the review of the justices at such general quarter sessions of the peace, or at any adjournment thereof as aforesaid, and shall be filed in the manner hereinbefore directed; and that no such rule, order, or regulation shall be binding or have any force or effect until the same shall have been agreed to and confirmed by such justices, and filed as aforesaid." (See the 59 Geo. III. c. 128, s. 5, post, 165). Sect. 4. "Every such society shall and may from time to time, at any of their general meetings, or by their committee, if any such shall be appointed for that society, elect and appoint such persons into the office of steward, president, warden, treasurer, or trustee of such society as they shall think proper (b), 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 institution, for such space of time and for such purposes as shall be fixed and established by the rules and regulations 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 or treasurers, trustee or trustees, and all and every other officer or officers, or other persons whatever who shall be appointed to any office in anywise touching or concerning the receipt, manage ment, or expenditure of any sum or sums of money collected for the purpose of any such society, before he or they shall be admitted to take upon him or them the execution of any such office or trust shall (if required so to do by the rules or regulations of such society to which such officers shall belong) become bound 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, orders, and regulations of such society, and in all matters lawful to pay obedience to the same, in such penal sum or sums 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 or bonds to be (a) See Wybergh v. Ainley, M'Clel. 669; Battey v. Townrow, 4 Camp. 5, ante, 149. Since the 4 & 5 Will. IV. c. 40, s. 14, no rules can be altered unless in conformity with the 10 Geo. IV. c. 56, post, 167; and in Tyrrell v. Woolley, 2 Scott, N. R. 171; 1 M. & G. 809, S. C., it was held, that the society, which was established before the 10 Geo. IV. c. 56, could not enter into any engagement, so as to bind the then members, and also those who might afterwards become members of it. (b) A treasurer, to be considered as such within the meaning of this act, must be a person elected and accepting the office. (Ex parte Ashley, 6 Ves. 444; S. P. Ex parte Ross, 6 Ves. 803-4). And where by the articles of a benefit club, the society were empowered to appoint a treasurer; it was holden that an appointment of two persons to be treasurers is within the power. (Sharp v. Warren, 6 Price, 131). |