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(14). Indictment against the stew. ards, &c., of a friendly society for disobeying an order of justicas made on the 10 Geo. 4, c. 56, S. 27 (a),
pursuant to the summons of me, the said J. P., issued for that purpose, and also
Given under our hands and seals, at , in the county aforesaid, the day of — A.D.
J. P. (L. S.)
S. P. L. s.) (venue). The jurors for our Lady the Queen upon their oath present, that one A. B., before the making of the order hereinafter mentioned, had been and was admitted a member of a certain Friendly Society called fc., established and holden at fc., by virtue of a certain act of Parliament made and passed in the Parliament of our Lord the late King George the Fourth, holden at Wesiminster, in the county of Middleser, in the tenth year of the reign of our said Lord the late King, intituled “ An Act to consolidate and amend the laws relating to Friendly Societies ;" the rules, orders, and regulations of which said Society were duly confirmed and enrolled, according to the directions of the said act of Parliament. And the jurors aforesaid, on their outh aforesaid, do further present, that, according to one of the said rules, orders, and regulations, it was amongst other things ordained that 8c. [here set forth the rule the society have broken, and concerning which the order was made). And the jurors aforesaid, on their oath aforesaid, do further present, that, by the said rules, orders, and regulations, it was and is directed that any malter in dispute between the said Society and any member thereof should and shall be decided by jus. tices of our Lady the Queen assigned to keep the peace of our said Lady the Queen in and for the county of — And the jurors aforesaid, on their oath aforesaid, do further present, that the said A. B., having been admitted a member of the said Society as aforesaid, before the making of the order hereinafter mentioned, had been, contrary to the said first-mentioned rule, order, and regulation, expelled from the said Society, and deprived of certain relief and maintenance, to which he considered himself entitled according to the said first- mentioned rule, order, and regulation, by the stewards of the said Society for the time being, and other officers and members thereof, and that E, F. and C. D., stewards of the said Society for the time being, had neglected and refused to comply with the said first-mentioned rule, order, and regulation; and the said A. B. thought himself aggrieved thereby, and thereupon made complaint thereof to J. P., one of her Majesty's justices of the peace, assigned to keep the peace, and hear and determine divers felonies, trespasses, and other misdemeanors committed in the said county, and residing in the said county, against E. F., late of &c., and C. D., late of 8c., who then and from thence until and at the time of the disobedience of the order hereinafter mentioned, were stewards of the said Society; and the said E. F. and C. D. were thereupon duly summoned by the said justice to appear before him or some other her Majesty's justices of the peace in and for the said county, at a convenient time and place named in such summons. And the jarors aforesaid, on their oath aforesaid, do further present, that thereupon, heretofore, to wit, on fc., at fc., the said E. F. and C. D. appeared pursuant to the said summoks, before J. P. and S. P., being two of the justices of our Lady the Queen, assigned to keep the peace of our said Lady the Queen in and for and residing in the said county, the said A. B. being also then and there present: and the said J. P. and S. P., so being such justices as aforesaid, did then and there proceed to hear and determine the matter of the aforesaid complaint, according to the true purport and meaning of the rules, orders, and regulations of the said Society, and the directions of the said act of Parliament, and did thereupon then and there make a certain order is
(a) Other precedents may be readily framed from this, if it be not precisely applicable to the facts. See a form in 1 B. & Ad. 861.
writing, under their hands and seals, directed to the said E. F. and C. D., so being stessards of the said Society, and all other persons whomsoever being officers or memo bers of the said Society, whereby, after reciting, that fc. (set forth the recitals), it was ordered &c., (set forth the adjudicatory part of the order], as by the said order of justices fully appears ; of which order the said E. P. and C. D., afterwards to sit, on &c., at e., had notice. And the jurors aforesaid on their oath aforesaid do further present, that the said E. F. and C. D., so being stewards of the said Society, well knowing the premises, but not regarding the said order, nor the said act of Parliament, did not nor would, nor did nor would either of them &c., deny fully the part of the order ordering the act omitted to be complied with), or in any respect comply with, or obey, or regard the same order, as they could, and might, and ought to have done, and on — at — wholly refused and neglected so to do; and therein then ad there wholly failed and made default, contrary to the form of the said order erd the said statute in such case made and provided, to the evil example of all others, is contempt of our said Lady the Queen and her laws, and against the peace of our taid Lady the now Queen, her crown and dignity.
- (venue). The jurors for our Lady the Queen upon their oath present, that (15). Indictment Gre 4. B., before the making of the order hereinafter mentioned, had been and was against the stew
ards &c. of a admilled a member of a certain Friendly Suciety, called the Royal Oak Society, ese friendly society tablished at - , in the county of by virtue of a certain act of Parliament for disobeying an made and passed in the Parliament of our Lord the King, holden at Westminster, in order of justices
made on a society the county of Middleser, in the thirty-third year of the reign of our said Lord the established before King, intituled " An Act," fc. [insert the title of the act of 33 Geo. III. c. 54), the 10 Geo. 4, the rules, orders, and regulations of which Society were duly confirmed, according to
c. 56 (a). the directions of the said act of Parliament. And the jurors aforesaid on their oath aforesaid do further present, that the said A. B. having been admitted a member of the said Society as aforesaid, before the making of the order hereinafter mentioned, kad been erpelled from the said Society, and deprived of certain relief and maintetance, to szkich he considered himself entilled from the stewards of the said Society for the time being, and other officers and members thereof, and the said A. B. thought himself aggricted thereby, and thereupon made complaint thereof to P. Q. and X. Y., Esquirts, iso of her Majesty's justices of the peace, assigned to keep the peace, and kear end determine divers felonies, trespasses, and other misdemeanors committed in tke said county, and residing in the said county, against M. M., late of fc., and W. W., late of &c., who then, and from thence until and at the time of the disobedience of the order hereinafter mentioned, were slewards of the said society, and 0.0., late of the same place, &c., who then and there, and during that time, was clerk to she said society; and the said M. M., W. W., and 0. O., were thereupon duly sumnased, according to their respective christian and surnames, by the said justices, to appear before them at a convenient time and place named in such summons, they the scid defendanla, or some one of them, appearing to such justices to have the custody of the said rules, orders, and regulations of the said Society; and the said defendants had not appeared before the said justices, pursuant to the said summons, io wit, at &c. And the jurors &c., that thereupon, heretofore, to wit, on fc., at &c., the said defendants so being such justices as aforesaid, on proof upon oath of such summons as ajaresaid being duly served, did proceed to hear and determine the matter of the aforeraid complaint, according to the true purport and meaning of the said rules, orders, and regulations of the said Society, and the directions of the said act (or, acts] of Parliament, and did thereupon then and there make a certain order in writing, under their hands and seals, directed to the said fc., so being stewards of the said Society, and to the said &c., so being clerk thereof as aforesaid, and all other persons whomSETET, being officers or members of the said Society, whereby, after reciting, amongst other things, that fc. (recite the order requiring the defendants to attend and prodace books, &c.), as by the said order of justices fully appears, with which order the said M. M. and W. W., heretofore, to wit, on fc., at fc., were personally served, ad of which order they the said M. M., W. W., and 0. 0., then and there had motice. And the jurors, fc., that the said M. M. and W. W., so being stewards of the said Society, and the said 0. 0., fc. so being clerk thereof as aforesaid, weil knowing the premises, but not regarding the said order, nor the said act [or, acts, as the case may require] of Parliament, did not nor would, nor did nor would either of them, personally, or otherwise, be or appear before the said justices at the time
(a) A similar form will be found in Dickenson's Sessions, by Serj. Talfourd.
3. Loan societies.
and place in that behalf above mentioned; nor did nor would then and there produce before them, the said justices, for their inspection, such books, papers, and writings as aforesaid, or any or either of them, or in any respect comply with, or obey, or regard the same order, as they could, and might, and ought to have done, but wholly refused and neglected so to do, and herein then and there wholly failed and made default, contrary to the form of the said order, in contempt of our Lord the late King and his laws, and against the peace of our Lady the now Queen, her crown and dignity.
3 & 4 Vict. c. 110.
Repeal of 5 & 6 Will. 4, c. 23, except as is hereinafter provided.
Provisions to be in force for recovery of all sums lent previous to passing of this act,
III. Loan Societies. By the 3 & 4 Vict. c. 110, intituled “ An Act to amend the Laws relating to Loan Societies,” (11th August, 1840), reciting the passing of the 5 & 6 Will. IV. c. 23, and that it is expedient to repeal so much of it as relates to the establishment of loan societies in England and Wales, and to make other provisions instead thereof, it is enacted, “That so much of the said act as relates to the establishment of loan societies in England and Wales shall be repealed, except as is hereinafter provided: Provided always, that the provisions of the said act, and all rules heretofore certified by the barrister appointed to certify the rules of savings banks, and enrolled for the management of societies established under the said act, shall continue and be in force and applicable for the recovery of all sums of money which have been lent by any such society before the passing of this act, and may be due and owing or become due in respect of any loan made by any such society previous to the passing of this act, according to the rules of such society, except where the same shall be contrary to the provisions in this act contained; and all such rules shall be judicially taken notice of and enforced by all justices in any proceedings to be had or taken by the treasurer or clerk of such society for the recovery of any loan or loans, or any sum of money on account thereof."
Sect. 2. “ That no society certified and enrolled under the said act, or treasurer, trustee, clerk, servant, or member thereof, shall be liable to any penalty or forfeiture imposed by any act or acts relating to usury on account of having reserved or contracted for more than the legal rate of interest, either in the way of interest, or other charges or expenses, in respect of any loan made by such society before the passing of this
Society not liable to penalties for loans made before passing of act.
Formation of Sect. 3. “That if any number of persons who have formed or shall loan societies
form any society in England for establishing a fund for making loans under restrictions in this act. to the industrious classes, and taking payment of the same by instal
ments, with interest thereon, shall be desirous of having the benefit of this act, such persons shall cause the rules framed or to be framed for the management of such society to be certified, deposited, and enrolled in manner hereinafter directed, and thereupon shall have the benefit of
the provisions contained in this act." Three transcripts Sect. 4. “That three transcripts fairly written or printed, or partly of rules to be sub- written and partly printed, on paper or parchment, of all rules made in mitted to a barrister, &c.
pursuance of this act, signed by three members, and countersigned by the clerk or secretary, (accompanied, in the case of any amendment of the rules, with an affidavit of the clerk or secretary, or one of the officers of the said society, that the provisions of this act have been duly complied with), with all convenient speed after the same shall be made or amended, and so from time to time after every making or amending thereof, shall be submitted to the barrister at law for the time being appointed to certify the rules of savings banks, for the purpose of ascertaining whether the said rules of such society, or amendments
thereof, are calculated to carry into effect the intention of the parties Who is to certify framing such rules or amendments, and are in conformity to law; and the transcripts. that the said barrister shall advise with the said clerk or secretary, if
required, and shall give a certificate on each of the said transcripts, that
the same are in conformity to law, or point out in what part or parts 3. Loan the said rules are repugnant thereto; and that the barrister for advising Societies. as aforesaid, and perusing the rules or amendments of the rules of each ,
3 & 4 Vict. c. 110. society, and giving such certificates as aforesaid, shall demand no fur
Fee payable to ther fee than the sum of one guinea; and one of such transcripts, when
One transcript to certified by the said barrister, shall be kept by the said barrister, and be kept by the another returned to the society, and the third of such transcripts shall barrister, another be transmitted by such barrister to the clerk of the peace for the county, society, and the
returned to the city, or borough wherein such society shall be formed, and by him laid third sent to the
clerk of peace. before the court of general quarter sessions, or adjournment thereof, held next after the time when such transcript shall have been so certified and transmitted to him as aforesaid; and the said court is hereby au- Justices to conthorized and required, without motion, to allow and confirm the same;
firm rules. and such transcript shall be filed by such clerk of the peace with the rolls of the sessions of the peace in his custody, without fee or reward; and that all rules and amendments thereof, from the time when the Rules &c. to be same shall be certified by the said barrister, shall be binding on the binding when
certified by several members and officers of the said society, and the borrowers and barrister sureties, and all other persons having interest therein.”
Sect. 5. “ That no rule, certified in manner aforesaid, shall be altered, No confirmed rule rescinded, or repealed unless at a general meeting of the members of to be altered but at
a general meeting soch society, convened by notice, written or printed, signed by the of society, &c. secretary or president or other principal officer or clerk of such society, in pursuance of the enrolled rules, or of a requisition for that purpose signed by three or more of the members of such society, such notice to be forwarded by post or otherwise to every member of the society seven clear days at least before the day appointed for such meeting; and such alterations or repeal shall and may be made with the concurrence of the majority of the members of such society then and there present.”
Sect. 6. “That the said barrister shall be entitled to no further fee Limitation of fce for or in respect of any amendment of any rules enrolled under this act, payable to
barrister, or which have been before the passing of this act enrolled under the said act of the fifth year of his late Majesty, upon which one fee has been already paid to the said barrister within the period of three years."
Sect. 7. “ That all rules from time to time made and in force for the Rules to be entered management of any such loan society, and duly certified and enrolled, in a book to be
kept by officer of shall be entered in a book or books to be kept by an officer of such society society to be appointed for that purpose, which book or books shall be open at all seasonable times for the inspection of all members of such society, and of the persons receiving loans from such society, and shall be binding on the several members and officers of such society, and the several persons receiving loans from the same, and their representatives, as well as those parties who may become the sureties for the repayment of any loan, their executors or administrators; and all such persons and parties shall be deemed to have full notice of the enrolled rules of the society by the deposit thereof with the clerk of the peace or town clerk, as required by this act, and by the entry thereof in such book or books; and the entry of such rules in such book or books as aforesaid, or the transcript thereof, deposited with the clerk of the peace or town clerk, or a true copy of such transcript examined with the original, and proved to be a true copy, or the copy certified by the barrister at law appointed for that purpose, shall be received as evidence of such rules respectively in all cases, and no certiorari shall be brought or allowed to remove any such rules into any of her Majesty's courts of record; and every copy of any such transcript deposited with any clerk of the peace or town clerk as aforesaid shall be made without fee or reward, except the actual expense of making such copy; and such copy shall not be subjeet to any stamp duty."
Seet. 8. “ That all inonies and securities for money, and all chattels Property of whatsoever belonging to any such society, shall be vested in a trustee or society vested in
3. Loan trustees for the use and benefit of such society and the members thereof,
societies. their executors and administrators respectively, according to their 3& 4 Vict. c. 110.
several shares and interests therein, and after the death, resignation, or the trustees (a).
removal of any trustee or trustees shall vest in the surviving or succeeding trustee or trustees for the same estate and interest as the former trustee or trustees had therein, and subject to the same trusts, without any assignment or conveyance whatever, and also shall for all purposes of suit, as well criminal as civil, at law or in equity, in anywise concerning the same, be deemed to be the property of the person or persons appointed to the office of trustee or trustees of such society for the time being, in his or their proper name or names, without further description; and such person or persons are hereby respectively authorized to bring or defend, or cause to be brought or defended, any suit, criminal as well as civil, at law or in equity, concerning the property or any claim of such society, and to sue and be sued, plead and be impleaded in his or their proper name or names, as trustee or trustees of such society, without any other description; and no suit shall abate or be discontinued by the death of such person or persons, or his or their removal from the office of trustee or trustees as aforesaid, but the same shall and may be proceeded in and by or against the succeeding trustee or trustees; and such succeeding trustee or trustees shall pay or receive like costs for the benefit of or to be reimbursed from the funds of such society as if the suit had been commenced in his or their name or
names.” Societies to issue Sect. 9. “That for every sum of money deposited or to be deposited debentures.
with any loan society, otherwise than by way of gift, it shall be lawful for such society, if they shall think fit, to issue a debenture, to be registered in the books of the loan society by whom such debenture shall be payable; and no such debenture shall be liable to any stamp duty or
parliamentary imposition whatever.” ['rustees signing Sect. 10. “That no treasurer, trustee, or other officer of any loan debentures not personally liable
society subscribing a debenture shall be individually responsible, in perunless specially son or property, for the payment of the same, or of any interest thereon; undertaken. but such debenture shall be a charge on the capital and property of the society alone, unless such treasurer, trustee, or other officer shall
, in the instrument or by writing at the foot or on the back thereof, de clare his or their willingness to be so liable in person or property; and
such understanding shall only apply to the specific sums so guaranteed." Sums under 501. Sect. 11. “That in case any debenture holder, depositor, or other deposited in any Joan-fund society
claimant, entitled to receive any sum not exceeding fifty pounds out of payable without the funds of any such loan society, shall die, it shall be lawful for the probate to the
trustees or trustee thereof, from and after the expiration of three calenrepresentative of
dar months after the death of such debenture holder, depositor, or other debenture holder. claimant, if they shall be satisfied that no will was made and left by
such deceased person, and that no letters of administration of the goods, chattels, rights, and credits of such deceased person have or will be taken out, to pay the same to any person who shall appear to the said trustees
(a) See a similar clause in the Friend trustees for the amount of the note, tle ly Society Acts, and decisions, ante, court held, that he (the defendant) annexed.
could not object, that the society was A society was established whilst the not enrolled ; and that all the members 5 & 6 Will. IV. c. 23 was in force, for should have been joined as plaintiffs ; the loan of small sums of money, and because it did not appear from the note, the plaintiffs were appointed treasurers. that the plaintiffs were
trading as partThe society was not enrolled according ners with any other. (Bawden v. How. to the provisions of that act. A. B. ell, 6 Jur. 37; 4 Scott, N. R. 331). It borrowed 201. from the society, on a seems that had the money secured by promissory note given by him and two the note been payable to the joint-stock sureties to the plaintiffs" (the trustees); loan company in question, the objection and when the plaintiffs sued one of the would have been valid. (16.)