c. 56. 33 Geo. 3, c. 54. trustees to give given by or on the behalf of such treasurer or treasurers, trustee or trus- 1. Societies other persons to stamp duty. of committees. Powers of standing committees to rules of the society, and of entered in a book. be declared in the Sect. 5. "Every such society shall and may from time to time elect Bonds not and appoint any number of the members of such society, not less than chargeable with eleven, to be a committee, 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; and in all cases where a stand- Appointment ing committee shall be appointed for such society for general purposes, the powers of such committee shall be first declared in and by the rules, orders, and regulations of such society, confirmed by the justices of the peace at their sessions, and filled in the manner hereinbefore directed; and in all cases where a committee shall be appointed for any particular purpose or purposes, 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 five of the members of such committee at least 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 always, that the transactions of such committee shall be from to time and at all times subject and liable to the review, allowance, or disallowance and control of such society, in such manner and form as such society shall by their general rules, orders, and regulations, confirmed by the justices and filed as aforesaid, have directed and appointed, or shall in like manner direct and appoint." Sect. 6. "It shall and may be lawful to and for the treasurer or treasurers, trustee or trustees for the time being of any such society, and he and they is and are hereby authorized and required from time to time, by and with the consent of such society, to be had and testified in such manner as shall be directed by the general rules and orders of such society, to lay out or dispose of such part of all such sums of money as shail 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 private securities, to be approved of as aforesaid, (such securities to be taken in the name or names of such treasurer or treasurers, trustee or trustees for the time being), or to invest the same in the public stocks or funds in the proper name or names of such treasurer or treasurers, trustee or trustees, and from time to time, with such consent as aforesaid, to alter and transfer such securities and funds, and to make sale thereof respectively." (See also 59 Geo. III. c. 128, ss. 10, 11, 12, post, 166). (a) A bond conditioned for the production of a box containing the subscriptions of a friendly society need not be stamped. (Carter v. Bond, 4 Esp. R. 253. See the 59 Geo. III. c. 128, s. 6, post, 165). particular ones Committees controllable by society. Treasurers or trustees to lay out surplus of contributions, 1. Societies formed before the 10 Geo. 4, c. 56. 33 Geo. 3, c. 54. and to bring the proceeds to account for the use of the society. Treasurers, &c. and pay over balances, &c. (a); Sect. 7. "All the dividends, interest, 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 treasurers, trustee or trustees, and shall be applied to and for the use of such society, according to the rules, orders, and regulations thereof." Sect. 8. Provided always, "That the treasurer or treasurers, trustee or trustees for the time being, and all other officers of any such society who shall have or receive any part of the monies, effects, or funds of such society, or shall in any manner have been or shall be entrusted to render accounts, with the disposition, management, or custody thereof, or of any securities relating to the same, his, her, and their executors, administrators, and assigns respectively, shall upon demand made in pursuance of any order by such society or committee to be appointed as aforesaid for that purpose, give in his or their account or accounts at a general meeting of any such society, or to such committee thereof as aforesaid, to be examined and allowed or disallowed, and shall on the like demand pay over all the monies remaining in his or their hands, and assign and transfer or deliver all securities, effects, or funds, taken or standing in his or their name or names as aforesaid, or being in his or their hands or custody, to the treasurer or treasurers, or trustee or trustees for the time being, or to such person or persons as such society shall appoint; and in case of any neglect or refusal to deliver such account, or to pay over such monies, or to assign, transfer, or deliver such securities or funds in manner aforesaid, it shall and may be lawful to and for every such society, in the name of the treasurer or treasurers, trustee or trustees thereof as the case may be, to exhibit a petition in the High Court of Chancery or the Court of Exchequer in England, or the court of session in Scotland, or the courts of great sessions in Wales respectively, who shall and may proceed thereupon in a summary way and make such order therein upon hearing all parties concerned as to such court in their discretion shall seem just; and all assignments and transfers made in pursuance of such order shall be good and effectual in law, to all intents and purposes whatsoever." and in case of neglect, application may be made to Chancery, &c. (b). No fee to be ceedings in such courts, &c. Sect. 9. "No fee, reward, emolument, or gratuity whatsoever, shall taken for any pro- be demanded, taken or received by any officer or minister of such court, for any matter or thing done in such court in pursuance of this act; and that upon the presenting of any such petition, it shall be lawful for the lord high chancellor, the master of the rolls and barons of the exchequer respectively in England, or the lords of session in Scotland, or the judges of any of the courts of great sessions in Wales, to assign counsel learned in the law, and to appoint a clerk of such court to advise and carry on (a) See the construction of this and the 10th section, in case of the bankruptcy of the trustee. Anon. 6 Mad. Rep. 98. (b) An officer of a friendly society, entrusted with monies of the society jointly with another person, who is a member but not an officer of the society, is not within the summary remedy provided by this section. (Re Heanor Friendly Society, 1 Beav. 509). In Ex parte Norrish, (Jacob, Rep. 162), the Master of the Rolls held, that, under this section, a court of equity had no jurisdiction on a petition by a new trustee against a late trustee of a friendly society, which had abandoned its rules filed with the clerk of the peace. And see R. v. Godolphin, ante, 149. As to the manner in which these societies should be sued in equity, and the jurisdiction of the court to compel them to account, &c., see Cockburn v. Thompson, 16 Ves. 321; Adley v. The Whitstable Company, 17 Ves. 315; Toulmin v. Copeland and Bank of England, 6 Price, 405; and see ante, 148, n. (c). The stewards who were, in fact, but not in name, trustees of the society, were, in a late case, allowed to petition under the act, by the description of trustees. (Re the Heanor Friendly Society, 1 Beav. 509). After one order upon petition under the enactment, the subsequent orders may be obtained upon motion. (Ex parte Friendly Society, 10 Ves. 287; Ex parte Slewringe's Charity, 3 Mer. 706). such petition on the behalf of such society, who are hereby respectively Sect. 10. "If any person appointed to any office by any such society, and being entrusted with or having in his hands or possession any monies or effects belonging to such society, or any securities relating to the same, shall die or become a bankrupt or insolvent (b), his executors or administrators, assignee or assignees shall, within forty days after demand made by the order of any such society, or the major part of them assembled at any meeting thereof, deliver over all things belonging to such society, to such person or persons as such society shall appoint, and shall pay out of the assets or effects of such person all sums of money remaining due, which such person received by virtue of his said office, before any of his other debts are paid or satisfied; and all such assets and effects shall be bound to the payment and discharge thereof accordingly." Sect. 11. "All monies, goods, chattels, stocks, annuities and other transferable securities and effects whatever belonging to such society, shall be vested in the treasurer or treasurers, trustee or trustees for the time being for the use and benefit of such society, and from and after the death or removal of any treasurer or treasurers, trustee or trustees, shall vest in the succeeding treasurer or treasurers, trustee or trustees for the same estates and interests as he or they then had therein, and subject to the same trust, without any assignment or transfer whatever; and also shall for all purposes of action or suit, as well criminal as civil in law or in equity in anywise touching or concerning the same, be deemed and be taken to be, and shall in every such proceeding (where necessary) be stated to be the property of the person or persons appointed to the office of treasurer or treasurers, trustee or trustees (as the case may be) of such society for the time being in his, her, or their proper name or names (c); and such person or persons so appointed shall, and they are hereby respectively authorized to bring or defend, or cause to be brought or defended, any action, suit, or prosecution, criminal as well as civil, touching or concerning such monies, goods or chattels, or effects of or belonging to such society; and such person or persons so appointed shall and may in all cases concerning the property of such society sue and be sued, plead and be impleaded in his or their proper name or names without (a) See the observations and notes upon the 4 & 5 Will. IV. c. 40, s. 12, pat, 187. (b) The term "insolvent" in this enactment, it would seem, means a person who has taken the benefit of the insolvent act. (R. v. Birmingham Benefit Society, 3 Sim. 421; sed vide Biddlecombe v. Bond, 1 How. 613; 4 Ad. & EIL 332, S. C.; Parker v. Gorsage, 1 Gale & D. 288). (e) See R. v. Cain, 1 C. & M. 309, post, 175, n. See the notes to the preceding sections. To enable a treasurer or trustee to sue under this act the old as well as new regulations under which be has been elected must have been confirmed by the quarter sessions. Battey v. Towarow, 4 Camp. 5, ante, 149). Assumpsit for money had and received may be maintained against one who had been a member of a benefit club, for money entrusted to his keep- Where B., as treasurer of a friendly 1. Societies formed before the 10 Geo. 4, c. 56. 33 Geo. 3, c. 54. Societies to declare the purpose of their establishment, &c. before confirmation of rules by quarter sessions; and may inflict penalty for misapplication of money. The consent necessary for dissolution of societies. Stock not divisible but for the general purposes of the society. Rules to be entered into a in evidence, &c. other description; and no such suit, action, or prosecution shall be discontinued or abate by the death or removal of such person or persons from the said office of treasurer or treasurers, trustee or trustees aforesaid, but the same shall and may be proceeded in by the succeeding treasurer or treasurers, trustee or trustees, in the proper name or names of the person or persons commencing the same; any law, usage, or custom to the contrary thereof notwithstanding." Sect. 12. "Every such society so to be established as aforesaid, before any of the rules, orders, or regulations thereof shall be confirmed by the justices in the manner hereinbefore directed, shall in or by one or more of the general rules, orders, or regulations 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, orders, and regulations 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 any wise belonging 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; and which application 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, orders, or regulations during the continuance of the same shall be com-plied 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 or treasurers, trustee or trustees, or any other officer or officers of such society entrusted therewith, under such penalty or forfeiture as such society shall by any general rule, order, or regulation impose and inflict for such offence; and that it shall not be lawful for any society, by any rule, order, or regulation at any general meeting or otherwise, to dissolve or determine such society so long as the intents and purposes declared by such society or any of them remain to be carried into effect, without the consent and approbation of five-sixths of the then existing members of such society, and also of all persons then receiving or then entitled to receive relief from such society, either on account of sickness, age, or infirmity, to be testified under their hands individually and respectively; nor shall it be lawful for such society by any rule, order, or regulation, to direct the division or distribution of such stock or fund, or any part thereof to or amongst the several members of such society, other than for carrying into effect the general intents and purposes of such society, declared by them and confirmed by the justices of the peace as aforesaid, according to the directions of this act, but that all such rules, orders, or regulations for the dissolution or determination of any such society without such consent as aforesaid, or for the distribution or divi sion of the stock or fund of such society, contrary to the rules, orders, and regulations which shall have been confimed by the said justices at their sessions and filed in pursuance of this act, shall be void and of none effect." Sect. 13. "All the rules, orders and regulations from time to time made, ordained and constituted by any such society in the manner book, and received directed by this act, shall be forthwith entered into a book or books to be kept by one or more of the members of such society to be appointed for that purpose, and shall be signed by the said members, and shall at all seasonable times be open for the inspection of any member of such society; and such rules, orders and regulations so entered and signed shall be deemed original orders, and shall be received in evidence as such in all disputes and in all trials before any court in this kingdom; and that no certiorari shall be brought or allowed to remove any of the rules, orders or regulations of any such society made in pursuance of this act into any of his Majesty's courts of record at Westminster." Sect. 14. "It shall and may be lawful for any such society to receive donations of any person or persons towards the supply of their stock or fund, and all such sums shall be applicable to the general purposes of such society in the like manner as the contributions of the several members of such society are or shall be directed to be applied in pursuance of this act, and shall not be applied in any other manner." Sect. 15. If any person having been admitted a member [or the widow or child of any deceased member, 59 Geo. III. c. 128, s. 15, post, 16 of any such society established by virtue of this act, shall think himself aggrieved by any act, matter or thing done or omitted to be done by any such society, or any person or persons acting under them, it shall and may be lawful for any two or more justices of the peace of the county, riding, division, or shire where or near unto the place where such society shall be established (b), on complaint made upon oath or affirmation by or on the behalf of such person (which oath or affirmation such justices of the peace are hereby empowered and required to administer) to issue their summons to the presidents, wardens, stewards or other principal officers of such society by whatever name such principal officers shall be respectively named or called, or one of them, in case such complaint shall be made against such society collectively, and in case such complaint shall be made against any person or persons appointed to such office or offices, then to summon such person or persons to appear before such justices at a convenient time and place to be respectively named in such summons; and also to summon at the same time and place, if there shall be occasion, all such persons as shall appear to such justices to have the custody of the rules, orders and regulations of such society, and such justices at the time and place named in such summons, whether the person or persons so summoned shall or shall not appear according to such summons, nevertheless on proof upon oath or affirmation of such summons being duly served or left at his, her or their usual place or places of abode, shall proceed peremptorily to hear and determine in a summary way the matter of such complaint according to the true purport and meaning of the rules, orders and regulations of such society confirmed by the justices, according to the directions of this act, and shall make such order therein [upon such officer or officers by name, 49 Geo. III. c. 125, s. 3, post, 161] as to them shall seem just; and every such order of such justices shall be complied with (c), and shall be final to all intents and purposes, and shall not be subject to appeal or to be removed, or removable into any of his Majesty's courts of record at Westminster." Sect. 16. Provided always, "That if provision shall be made by one or more of the general rules or orders of any such society, and confirmed as required by this act for a reference by arbitration of any matter in dispute between any such society or any person or persons (a) See as to the jurisdiction of magistrates under the 10 Geo. IV. c. 56, B. 28, &c., and the cases and decisions upon this enactment, post, 179. As to proceedings against members offending against the rules, see the 43 Geo. III. c. 125, s. 1, post, 161. As to proceeding by arbitration, see the next section. b, See post, 161, 49 Geo. III. c. 125, s. 1. A friendly society whose rules had been allowed by the magistrates, and registered in London, afterwards had their meetings in Middlesex; it was held that the magistrates of Middlesex have jurisdiction to decide spon complaints made by the members of the society. (Rex v. Gash, 1 Stark. (c) As to the mode of enforcing the 1. Societies formed before the 10 Geo. 4, c. 56. 33 Geo. 3, c. 54. Societies may receive donations. Proceedings, where members aggrieved (a). think themselves Where general rules direct disputes to be settled the award of the by arbitration, arbitrators to be final (d). |