2. Forms."

.(2), Award (a).

(3.) Bond to be given by an officer

of trust under the society (b).

(4). Information on 10 Geo. 4, c. 56, 3. 25, by member &c. of friendly society in a case of fraud on society.

We the major part of the arbitrators duly appointed by the Society, established at in the county of, do hereby award and order, that A. B. [specifying by name the party or the officer of the society] do on the -day of pay to C. D. the sum of, [or, we do hereby reinstate in, or, expel A. B. from the said Society, as the case may be]. Dated this

day of

"

18-. E. F.

G. H.

Know all men by these presents, That we, A. B., of · treasurer [or, trustee, &c.] of the Society, established at ———, in the county of and C. D. of and G. H. of- (as sureties on the behalf of the said A. B.), are jointly and severally held and firmly bound to E. F., the present clerk of the peace [or, town clerk] for the county [or, county of a city, or, county of a town, riding, division, or, place, as the case may be], of in the sum of- -, to be paid to the said E. F., as such clerk of the peace, [or, town clerk,] or his successor, clerk of the peace [or, town clerk] of the said county [or, county of a city, &c.] for the time being, or his certain attorney; for which payment well and truly to be made, we jointly and severally bind ourselves, and each of us by himself, our and each of our heirs, executors, and administrators, firmly by these presents, sealed with our seals. Dated the day of, in the year of our Lord 18-.

Whereas the above-bounden A. B. hath been duly appointed treasurer [or, trustee, &c.] of the ·Society established as aforesaid, and he, together with the abovebounden C. D. and G. H. as his sureties, have entered into the above-written bond, subject to the condition hereinafter contained; now, therefore, the condition of the above-written bond is such, that if the said A. B. shall and do justly and faithfully execute his office of treasurer [or, trustee] of the said Society established as aforesaid, and shall and do render a just and true account of all monies received and paid by him, and shall and do pay over all the monies remaining in his hands, and assign and transfer or deliver all securities and effects, books, papers, and property of or belonging to the said Society in his hands or custody, to such person or persons as the said Society shall appoint, according to the rules of the said Society, together with the proper or legal receipts or vouchers for such payments, and likewise shall and do in all respects well and truly and faithfully perform and fulfil his office of treasurer [or, trustee, &c.] to the said Society, according to the rules thereof, then the abovewritten bond shall be void and of no effect, otherwise shall be and remain in full force and virtue.

}

Be it remembered, That on

at, 4. B., of —, personally to wit. cometh before me J. P., esquire, one of her Majesty's justices of the peace, acting in and for and residing in the said county, and on his oath complaineth unto me the said justice, for that he the said A. B. is an officer of a certain Friendly Society, called held at the parish of B., in the said county, and duly appointed by the said Society for the making of this complaint, and that the said Society was and is established and held by virtue of and according to the statutes in that case made and provided, and respectively made and passed in the tenth year of the reign of his late Majesty King George the Fourth, and in the fifth year of the reign of his late Majesty King William the Fourth, and that the rules, orders, and regulations of the said society were and are duly confirmed and filed according to the said statutes, and also for that on the &c., at the parish aforesaid, in the county aforesaid, one C. D., late of &c., being a member [the words of the act are (ante, 176), "if any officer, member, or any other person being or representing himself or herself to be a member of such society, or the nominee, executor, administrator, or assignee of any member of such society, or any other person whatever shall, &c.," describe the party accordingly] did [here state the offence according to the fact; see the words of the act, ante, 176; if the offence be for fraudulently obtaining money by a false representation, it may be described thus:] then and there fraudulently and falsely represent to the said A. B. [according to the fact] that &c. [here state concisely the false representation as in an indictment for obtaining money by false pretences], and by such fraudulent and false representation the said C. D. did then and there fraudulently obtain possession from the said A. B. [according to the fact] of the sum of· shillings, part of the monies of the said Society, whereas in truth and in fact the said &c. [negativing the truth of the representation in the nega

(a) This form is given by the 10 Geo. IV. c. 56.

(b) This form is given by the 10 Geo. IV. c. 56, see ante, 171.

five words thereof), and that for such offence there is no especial provision made in the rules of the said Society, contrary to the form of the statute in that case made and provided; wherefore the said A. B. prays the judgment of me the said justice in the premises, and that the said C. D. may be summoned to answer this complaint, according to the directions of the statute in that case made and provided.

Exhibited before me, on the day and year first above named, J. P.

4. B.

Forms.

To Mr. C. D., a member [according to the fact, ante, 176, 192] of the Friendly (5). Summons Society, called —, at, in the county of ·

Whereas A. B., of &c., an officer duly appointed by the said Society in to wit. Ì that behalf, hath this day made complaint upon oath before me, one of her Majesty's justices of the peace acting in and for and residing in the said county, that an &c. [here state the offence as in preceding precedent to the asterisk, and conclude thus:]-these are, therefore, in her Majesty's name, to summon you to antear before me and such other justices as may then and there be assembled at in the said county, on &c., at the hour of in the forenoon, to answer the said complaint; and you are hereby also required to bring with you and produce before me and them, the rules, orders, and regulations of the said Society. Given under my hand and seal, this ——— day of &c.

J. P.

thereon.

Be it remembered, That on &c., at &c., [as in the information, ante, (6). Conviction to wit. 192.] 4. B., of &c., personally came before me [or, us] J. P., one of her thereon. Majesty's justices of the peace acting in and for the said county, and residing therein, and on his cath informed and complained to [me] the said J. P., that he the said 4. B. &c. [here set forth the facts as stated in the information, ante 192, to the asterisk:]-whereupon the said C. D., after being duly summoned to answer, &c. (here set forth the appearance or default, the evidence and the award according to the fact; and see the form, ante, Vol. I. title " Conviction," given by the 3 Geo. IV. c. 23, for convictions in general. The form, if costs be awarded, will be found, ante, Vol. I. title "Conviction." No more than 10s. costs can be so awarded.]

A warrant of distress may be readily framed according to the 25th section of the act, ante, 176, from the general form, ante, Vol. II. title "Distress under Justice's Warrant," and the above conviction. And so may a commitment for want of distress, from the general form of commitment, ante, Vol. II. title "Distress under Justice's Warrant," and the above conviction.

18-, at

in the

in

Be it remembered, That on — day of to wit.said county, A. B., of the parish of in the said county, [baker], personally cometh before me, J. P., esquire, one of her Majesty's justices of the peace acting in and for the said county, and residing therein, and upon his oath complaineth unto me, the said justice, that he the said A. B. is a member of a certain Friendly Society called established and held at the said parish of the said county, under and by virtue of the statutes in such case made and provided, and respectively made and passed in the tenth year of the reign of his late Majesty King George the Fourth, and in the fifth year of the reign of his late Majesty King William the Fourth; that by the rules and regulations of the said Friendly Society, daly allowed and confirmed as required by and according to the said statutes, it was and is specified that a reference of every matter in dispute between the said Society or any person acting under them, and any individual member thereof, or any person claiming on account of any member, should and shall be made to arbitrators to be appointed according to the provisions of the said first-mentioned statute: that a certain matter of dispute, that is to say, whether &c. [here state shortly the matter in dispute], did, on &c., at &c., arise between the said Society [or, "E. F., a person acting under them"] and the said A. B., then being such member thereof as aforesaid [or, G. H., a person claiming as executor of the said A. B., and on his account"], and that such matter in dispute was, on the said &c., at &c., referred to arbitration, according to the said rules and regulations and the said statute to certain arbitrators, that is to say, I. J., K. L., M. N., and O. P., then and there named, chosen, and elected by the said Society, according to the said act, and not being then or at any VOL. III. 0

(7). Warrant of distress or com

mitment thereon.

(8). Information on the 10 Geo. 4, in order to enable justices to enforce performance of an

c. 56, s. 26, ante,177,

award under the act.

Forms.

other time beneficially interested, directly or indirectly, in the funds of the said Society, and the names of the said arbitrators being then and there duly entered in the book of the said Society, in which the rules were entered according to the said statutes, and that the said I. J., K. L., and M. N., then and there took upon themselves the burthen of the said arbitration, and being the major part of the said ar bitrators, did on the [date of award], at the parish aforesaid, in the county aforesaid, make their award in writing, bearing date that day and year, of and concerning the matters so referred to them as aforesaid, and as such arbitrators did then and thereby award and order that R. S. should, on the &c., pay to the said A. B. the sum of &c., [according to the award as the case may be, see the form of the award, ante, 192], and of which said award the said R. S., then and there had notice; and the said A. B., on his oath aforesaid, giveth me the said justice further to understand and be informed that the said A. B., afterwards, on the day and year last aforesaid, there requested the said R. S. to pay him the said A. B. the said sum of pounds, [as in the award], according to the said award and decision, and comply with and conform to the said award and decision, which the said R. S. then and there wholly neglected and refused to do, and still neglects and refuses so to do, and the said sum of - pounds still remains wholly due and unpaid from the said R. S. to the said A. B.; wherefore the said A. B. prays the judgment of me the said justice in the premises, and that the said R. S. may be summoned to answer to this complaint according to the directions of the statute in such case made and provided.

Exhibited before me, this

18-. J. P.

A. B.

day of

(9). Summons thereon.

To Mr. R. S., Treasurer, &c.

(10). Order of justices thereon.

[according to the fact], of the Friendly Society at &c., in the county of·

called Whereas A. B., of [baker], a member of your Society, hath this to wit. Ì day made complaint upon oath before me, one of her Majesty's justices of the peace, acting in and for and residing in the said county, that on &c., I. J., K. L., and M. N., being the major part of certain arbitrators duly appointed by the said Society, did make their award in writing of and concerning certain matters in difference, and duly referred to them, and by which said award they award and order that you the said R. S. should, on &c., pay to the said A. B. the sum of [according to the award], and that you have refused to comply with the said award :— These are, therefore, in her Majesty's name, to summon you to appear before me, or other her Majesty's justices in and for the said county, at — in the said county, on the day of -, instant, at the hour of [eleven] in the forenoon, to answer the said complaint. Given under my hand and seal, at in the said county, 18-.

this

day of

J. P. (L. s.)

To R. S., Treasurer, &c., [according to the fact], of the Friendly Society called in the county of ·

- held at

Whereas A. B., of &c., [baker], personally came before [me], J. P., esto wit.quire, one of the justices of our Lady the Queen, assigned to keep the peace of our said Lady the Queen within the said county, and also to hear and determine divers felonies, trespasses, and other misdemeanors, within the said county committed, and residing in the said county, and made an information and complaint upon oath before [me], the said J. P., so being such justice, and which oath [1] the said J. P., did then and there administer to him, the said A. B., by which said information and complaint the said A. B., on his oath aforesaid, deposed and said, that he, the said A. B., was a member, &c., [here set forth the subject of the complaint, as ante, p. 193, (No. 8), in the past tense to the asterisk], and thereupon he prayed the judgment of [me] the said J. P. in the premises. And whereas, on this day of &c., at &c., the said R. S., pursuant to the summons of [me], the said J. P., issued for that purpose, appeared [according to the fact] before us, the said J. P. and S. P., two of the justices of our said Ludy the Queen, assigned to keep the peace of our said Lady the Queen within the said county of - and also to hear and de termine divers felonies, trespasses, and other misdemeanors, in the said county com mitted, and residing in the said county, and the said A. B. being then and there present, we, the said justices, did then and there proceed to hear and determine, and did hear and determine, the matter of the said complaint, and make such order thereupon as to us seemed just, according to the statute in such case made and provided.

And thereupon we do order and adjudge, by virtue of the said statute, that the said
R. S. do pay, &c. [according to the award, as the magistrate may think fit]: and
we do also award and adjudge that the said R. S. shall also pay to the said A. B.
the sum of ten shillings, [or less], for costs, according to the statute in such case
made and provided. Given under our hands and seals, at &c., this
18-

› day of·
J. P. (L. S.)
S. P. (L. s.)

This form may be readily framed according to the 27th section of the act, from the general form, ante, tit. "Distress under Justice's Warrant," Vol. II, and the facts stated in the order itself.

at

Be it remembered, [as in the information, ante, p. 192,] That he, the said A. B., is a member of the Friendly Society called --, held in the county aforesaid, the rules whereof are duly enrolled and confirmed, and the said Society being established agreeably to the statutes in that case made and provided, and respectively made and passed in the tenth year of the reign of his late Majesty King George the Fourth, and in the fifth year of the reign of his late Majesty King William the Fourth, that he, the said A. B., was ["at a meeting of the said Society, held on the day of last, at- in the said parish of —, in the county aforesaid, without any sufficient cause, unjustly, illegally, and contrary to the purport, true intent and meaning of the rules of the said Society, by the members then and there present, excluded from the said society, and all benefit and advantage which he hath a right to have and claim therefrom," according to the fact: and that, by the rules of the said Society, it is directed that the said matter of complaint and dispute shall be decided by justices of our Lady the Queen, assigned to keep the peace of our said Lady the Queen; and hereupon the said A. B. prayeth judgment of me in the premises, and that C. D. and E. F., the Stewards of the said Society, may be summoned to answer the said complaint. Sworn before me, J. P., the day of, &c.

To C. D. and E. F., Stewards of the Friendly Society called

the parish of

in the county of

A. B.

Forms.

(11). Warrant of distress thereon.

(12). Information on 10 Geo. 4, c. 56, 8. 27, where the matter in dispute is referred to a magistrate (a).

in (13). Justices' adjudication thereon.

Be it remembered, that A. B., of &c., tailor, in his proper person, on &c., at &c., in the county aforesaid, made an information and complaint upon oath, before [me], J. P., esquire, one of the justices of our said Lady the Queen, assigned to keep the peace of our said Lady the Queen within the said county of, and also to hear and determine divers felonies, trespasses, and other misdemeanors within the said county committed, and residing in the said county, and which vath the said justice did then and there administer to the said A. B., by which said information and complaint on oath aforesaid, the said A. B. deposed and said, that The the said A. B. then was a member of a certain Friendly Society called held at &c., in the parish aforesaid, in the county aforesaid, the rules, orders, and regulations of which said Society had been allowed and confirmed and enrolled, and the said Society being established pursuant to the statutes in that case made and prorided, and respectively made and passed in the tenth year of the reign of his late Majesty King George the Fourth, and in the fifth year of the reign of his late Majesty King William the Fourth]; and that [he, the said A. B., had been a member of the said Society for the space of — years and upwards, and that he had for years past, or thereabouts, been lame, and thereby rendered incapable of working at kis calling; that he then did continue so, and that he had, during the time he was so lame, received the allowance from the said Society until the month of then and now last, on the club night of which month the members of the said Society refused to pay kim any further allowance, declined accepting his contribution money, and unjustly excluded him from the said Society; let this statement be according to the fact]; and by the aforesaid rules and regulations, [here set forth shortly the rule or rules Dot complied with], and also that by the aforesaid rules it is directed, that the aforesaid subject-matter of complaint and in dispute shall be decided by justices of our said Lady the Queen, assigned to keep the peace of our said Lady the Queen; and thereupon he prayeth that justice might be done to him in the premises. And whereas, on &c., at &c., C. D. and E. F., two of the stewards of the said Society,

(a) See ante, 177; see the 4 & 5 Will. IV. c. 40, s. 7, ante, 186, enabling magistrates to interfere where the society refuses to appoint arbitrators, &c.