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 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." Sect. 10. "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 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 enrolled." Sect. 11. "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 (a), 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 (b), 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 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 forfeiture it shall be lawful to sue upon such bond in the name of the clerk of the peace for the time being, (a) In order to constitute a treasurer within the meaning of this enactment, he must have accepted the office. (Er parte Ashley, 6 Ves. 444; Ex parte Ro, 6 Ves. 803, S. P.) Where, by the articles of a benefit club, the society were empowered to (b) See form (No. 3), post, 192. 2. Societies formed after 10 Geo. 4, or which have conformed to its provisions. 10 Geo. 4, c. 56. Rules to specify place of meeting and duties of others. Societies may alter place of mceting. Society may appoint officers. Securities to be given for offices quired." of trust, if re Treasurer or trustees to give of peace. bond to clerk 2. Societies formed after 10 Geo. 4, or which have conformed to its provisions. 10 Geo. 4, c. 56. Appointment of committees. committees to be for the use of the said society, fully 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." Sect. 12. "Every such society shall and may 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 Powers of standing 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 hereinbefore 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 always, that the transactions of such committee shall be entered in a book belonging to such society, and shall be from time 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, confirmed by the justices and filed as aforesaid, have directed and appointed, or shall in like manner direct and appoint." Committee controllable by society. Treasurer or trustees to lay out surplus of contributions; and to bring the proceeds to account. Treasurers, &c. and pay over balances, &c.; Sect. 13. "It shall and may be lawful to and for the treasurer or trustee for the time being of any such society, and he, she, 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 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 such consent as aforesaid, to alter and transfer such securities and funds, and to make sale thereof respectively; and that all the dividends, interests, 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." Sect. 14. " Every person who shall have or receive any part of the to render accounts, monies, effects, or funds of or belonging to any such society, or shall in any manner have been or shall be intrusted with the disposal, management, or custody thereof, or of any securities, books, papers, or property relating to the same, his or her executors, administrators, 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 pursu ance of any order of such society, or committee to be appointed as afore said, 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, on the like demand or notice, pay over all the monies remaining in his or her hands, and assign and transfer or deliver all securities and effects, books, papers, and property, taken or standing in his or her name as aforesaid, or being in his or her hands or custody, to the treasurer or trustee for the time being, or to such other person as such society or committee thereof 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 and effects, books, papers, and property, in manner aforesaid, it shall and may be lawful, to and for every such society, in the name of the treasurer or trustee, or other principal officer thereof, as the case may be, to exhibit a petition in the Court (a) of Exchequer in England or Ireland, or in 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, which order shall be final and conclusive; and all assignments, sales, and transfers made in pursuance of such order, shall be good and effectual in law to all intents and purposes whatsoever." Sect. 15. "When and so often as any person seised or possessed of any lands, tenements, or hereditaments, or other property, or any estate or interest therein, as a trustee of any such society, shall be out of the jurisdiction of, or not amenable to the process of the Court of Exchequer in England or Ireland, or the court of session in Scotland, or of the court of great sessions in Wales, or shall be idiot, lunatic, or of unsound mind, or it shall be unknown or uncertain whether he or she be living or dead, or such person shall refuse to convey or otherwise assure such lands, tenements, hereditaments, or property, or estate or interest, to the person duly nominated as trustee of such society in their stead, either alone or together with any continuing trustee, as occasion shall require, then and in every or any such case, it shall be lawful for the judges of the said courts respectively to appoint such person, as to such court shall seem meet, on behalf and in the name of the person seised or possessed as aforesaid, to convey, surrender, release, assign, or otherwise assure the said lands, tenements, hereditaments, or property, or estate or interest, to such trustees so duly nominated as aforesaid; and every such conveyance, release, surrender, assignment, or assurance, shall be as valid and effectual to all intents and purposes, as if the person being out of the jurisdiction or not amenable to the process of the said courts, or not known to be alive, or having refused, or as if the person being idiot, lunatic, or of unsound mind, had been, at the time of the execution thereof, of sane mind, memory, and understanding, and had by himself or herself executed the same.' Sect. 16. "When and as often as it shall happen, that all and every person in whose name any part of the several stocks, annuities, and funds, transferable, or which hereafter shall be made transferable at the Bank of England, or in the books of the governor and company of the Bank of England, is, are, or shall be standing, as a trustee of any such society, shall be absent, out of the jurisdiction, or not amenable to the process of the said Court of Exchequer in England or Ireland, or the court of session in Scotland, or the courts of great session in Wales (b), or shall be a bankrupt, insolvent, or lunatic, or it shall be uncertain or (a) It is to be observed, that this section, which is in other respects like the 8th section of the prior act of 33 Geo. III. c. 54, expressly excepts a petition to the Court of Chancery. See the decisions and observations upon (b) The 1 Will. IV. c. 70 abolishes 2. Societies formed after 10 Geo. 4, or which have conformed to its provisions. 10 Geo. 4, c. 56. No fee for any proceedings in such courts, &c. Who to be named in orders of court for making transfers. Act to be an in demnity to the bank. Payment in case unknown whether such trustee is living or dead, that then and in such case it shall and may be lawful, to and for the judges of the said courts respectively to order and direct that the accountant-general, or the secretary or deputy secretary, or other proper officer for the time being, of the governor and company of the Bank of England, do transfer in the book of the said company such stock, annuities, or funds standing as aforesaid, to and into the name of such person as such society may appoint, and also pay over to such person as aforesaid, the dividends of such stocks, annuities, or funds; and when and as often as it shall happen that one or more only, and not all or both of such trustees as aforesaid, shall be so absent, or not amenable to such process as aforesaid, or a bankrupt, insolvent, or lunatic, or it be uncertain or unknown whether any one or more of such trustees is or are living or dead, that then, and in all and every such last-mentioned case and cases, it shall and may be lawful to and for the judges of the said courts respectively to order and direct that the other and others of such trustees who shall be forthcoming, and ready and qualified to act, do transfer such stock, annuities, or funds, to and into the name of such person as aforesaid, and also that such forthcoming trustee do also receive and pay over the dividends of such stock, annuities, or funds, as such society shall direct; and that all such transfers and payments so made shall be, and are hereby declared to be, valid and effectual to all intents and purposes whatsoever, any former statute, law, usage, or custom, to the contrary thereof in anywise notwithstanding." Sect. 17. No fee, reward, emolument, or gratuity whatsoever, shall be demanded, taken, or received, by any officer or minister of such courts for any matter or thing done in such courts, in pursuance of this act; and that upon the presenting of any such petition, it shall be lawful for the judges of the said courts respectively, to assign counsel learned in the law, and to appoint a clerk or practitioner of such court, to advise and carry on such petition on the behalf of such society, who are hereby respectively required to do their duties therein without fee or reward." Sect. 18. "In all cases in which orders shall be made by any of the courts aforesaid for the transfer of stocks or funds transferable at the Bank of England, the persons to be named in such orders respectively for making such transfers, shall be the secretary, deputy secretary, or accountant-general of the governor and company of the Bank of England for the time being, or one of them, except in cases where one or more of the trustees in whose name such stocks or funds shall stand, shall be ordered to transfer the same without the concurrence of any other or others of such trustees; any thing herein contained to the contrary thereof in anywise notwithstanding." Sect. 19. "This act shall be, and is hereby declared to be a full and complete indemnity and discharge to the governor and company of the Bank of England, and their officers and servants, for all acts and things done or permitted to be done, pursuant thereto; and that such acts and things shall not be questioned or impeached in any court of law or equity, to their prejudice or detriment." Sect. 20, which enacted that the executors, administrators or assigof death of officers. nees of bankrupts or insolvents should pay money due to friendly societies before any other debts, is repealed by the 4 & 5 Will. IV. c. 40, and another provision, sect. 12 of that act, substituted in lieu thereof. See post, 187. Effects of societies vested in trustees Sect. 21. "All real and heritable property, monies, goods, chattels, and effects whatever, and all titles, securities for money, or other oblior treasurer, who gatory instruments and evidences or muniments, and all other effects may bring and defend actions, &c. whatever, and all rights or claims belonging to or had by such society, shall be vested in the treasurer or trustee of such society for the time being, for the use and benefit of such society, and the respective members thereof, their respective executors or administrators, according to their respective claims and interests; and, after the death or removal of any treasurer or trustee, shall vest in the succeeding treasurer or trustee, for the same estate and interest as the former treasurer or trustee had therein, and subject to the same trusts, without any assignment or conveyance whatever, except the transfer of stocks and securities in the public funds of Great Britain and Ireland; 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 taken to be, and shall in every such proceeding (where necessary) be stated to be, the property of the person appointed to the office of treasurer or trustee of such society for the time being, in his or her proper name, without further description; and such person shall, and he or she is hereby respectively authorized to bring or defend, or cause to be brought or defended, any action, suit, or prosecution, criminal as well as civil, in law or in equity, touching or concerning the property, right, or claim aforesaid, of or belonging to or had by such society (a); provided such person shall have been thereunto duly authorized by the consent of the majority of members present at any meeting of the society or committee thereof; and such person so appointed shall and may, in all cases concerning the property, right, or claim aforesaid, of such society, sue and be sued, plead and be impleaded, in his or her proper name, as treasurer or trustee of such society, without other description (b); and no such suit, action, or prosecution, shall be discontinued or abate by the death of such person, or his or her removal from the office of treasurer or trustee, but the same shall and may be proceeded in by the succeeding treasurer or trustee, in the proper name of the person commencing the same, any law, usage, or custom to the contrary notwithstanding; and such succeeding treasurer or trustee shall pay or receive like costs as if the action or suit had been commenced in his or her name, for the benefit of, or to be reimbursed from the funds of such society." [The 4 & 5 Will. IV. c. 40, s. 10, post, 187, renders members competent witnesses in actions.] Sect. 22. "The treasurer or trustee, or any other officer of any society established under the authority of this act, shall not be liable to make good any deficiency which may arise in the funds of such society, unless such persons shall have respectively declared by writing under their hands, deposited and registered in like manner with the rules of such society, that they are willing so to be answerable; and it shall be lawful for each of such persons, or for such persons collectively, to limit his, her, or their responsibility to such sum as shall be specified in any such instrument or writing: Provided always, that the said treasurer, trustee, and every other the officer of any such society, shall be and they are hereby declared to be personally responsible and liable for all monies actually received by him, her, or them on account of or to and for the use of the said society (c)." (a) See the decisions upon the prior enactments, ante, 153. (b) If a benefit society, enrolled under this act, as amended by the 4 & 5 Will. IV. c. 60, have a treasurer and two trustees, the property of the society may, in an indictment for larceny, be laid to be in the treasurer by his proper name, under this 21 sect.; and upon an indictment so framed, one of the trustees of the society, who had stolen the money of the society, may be properly convicted of larceny. (R. v. Cain, 1 Car. & M. 309). (c) By the rules of a friendly society, a medical attendant was entitled to three shillings per annum from every mem- 2. Societies formed after 10 Geo. 4, or which have conformed to its provisions. 10 Geo. 4, c. 56. Limitation of responsibility of treasurers or trustees. Treasurer, &c. liable for money ceived (c). actually re |