SCHEDULE (D.) REPORT of POINDING and SALE. Report of the Poinding and Sale at the Instance of C. D. [design him] against E. F. [design him]. between the Hours of cree of the Sheriff of Eighteen hundred and by virtue of a Degiven under the Hand of the on the Day of I passed at the Instance of C. D. above designed, against E. F. above designed, for Payment of the Sums of with the Witnesses and Appraisers after named and designed to and then and there, after demanding Payment of the Sums contained in said Decree past due, and Payment not being made, I poinded the Effects above enumerated belonging to the said Debtor; and after making an Inventory or List there of, and getting the same duly appraised, on Oath, at the several Values respectively above specified in the first Column, and amounting in all to [here insert the Amount in Words], and leaving a Copy of such Inventory or List and Appraisement with the said Debtor personally [or as the Case may be], I carried the said Effects to the and there, betwixt the Hours of and after Public Notice of åt Hours I sold the said Effects by Public Roup, to the highest Bidder, at the Prices above specified in the Second Column, for each Lot respectively, and amounting in all to [here insert the Amount in Words]. These Things were so done before and with O. P. and Q. R. [design them], Witnesses and Appraisers, in the Premises hereto with me subscribing. least and of J. T. Sheriff Officer. * If the Effects are not sold, the Tenour of the Report must be altered according to the State of the Fact; for Instance, [" I exposed the said Goods and Effects "to Public Sale, but no Person having offered the appraised Value, therefore I "declared the same to belong to the said C. D. at the said respective appraised "Values, in Payment to that Amount of the Sums in said Decree."] In case "the "the Goods poinded, or Part of them, shall sell for more than the Sums in the "after Payment of the Sums decerned for past due, and the Sum of N. B. After the Name of each Pursuer and Defender let the Letter P. or A. be added, in order to mark whether the Party was present or absent when the Cause was called; let Expences be also entered under the Head of " Interlocutors." CA P. LVI. An Act to consolidate and amend the Laws relating to WHEREAS it is expedient to amend the Laws relating to and to make other Provisions respecting Friendly Societies;" Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That an Act passed in the Thirty-third Year of His late Majesty's Reign, intituled An Act 33 G.3. c.54. for the Encouragement and Relief of Friendly Societies; and also so much of an Act passed in the Thirty-fifth Year of His said late Majesty's Reign, intituled An Act for the more effectually carrying 35 G.3. c.111. into Execution an Act made in the Thirty-third Year of the Reign of His present Majesty, intituled An Act for the Encouragement and Relief of Friendly Societies,' and for extending so much of the Powers thereof as relates to the framing Rules and Regulations for the better Management of the Funds of such Societies, and the Appointment of Treasurers, to other Institutions of a charitable Nature, as relates to Friendly Societies; and also an Act passed in the Parliament of Ireland in the Thirty-sixth Year of His said late Majesty's Reign, intituled An Act for the Encouragement and Relief 36 G.3. (I.) of 49 G.3. c.58. of Friendly Societies; and also an Act passed in the Forty-third 43 G.3. c.111. Year of His said late Majesty's Reign, intituled An Act for enabling Friendly Societies, intended to be established under an Act passed in: the Thirty-third Year of the Reign of His present Majesty to rectify Mistakes made in the Registry of their Rules; and also an Act passed in the Forty-ninth Year of His said late Majesty's Reign, to explain and render more effectual the said recited Act made the Parliament of Ireland in the Thirty-sixth Year of His said late Majesty's Reign; and also an Act passed in the Forty-ninth Year 49 G.3. c. 125. of His said late Majesty's Reign, intituled An Act to amend an Ac made in the Thirty-third Year of His present Majesty, for the En couragement and Relief of Friendly Societies; and also an Act passed in the Fifty-ninth Year of His said late Majesty's Reign, 59 G.3. c.128. intituled An Act for the further Protection and Encouragement of Friendly Societies, and for preventing Frauds and Abuses therein; and also so much of an Act passed in the Sixth Year of the Reign of His present Majesty, intituled An Act for consolidating and amending the Laws relating to Conveyances and Transfers of Estates and Funds vested in Trustees who are Infants, Idiots, Lunatics, or Trustees of unsound Mind, or who cannot be compelled or refuse to act, and the Laws relating to Stocks and Securities belonging to Infants, Idiots, Lunatics, and Persons of unsound Mind, as relates to Friendly Societies, for the better Security, or for the Application, Receipt, Payment, or Transfer of any of the Funds thereof, shall be and the same are hereby repealed, except so far as any of the said Acts repeal the Whole or any Part of any other Acts, and except as hereinafter is excepted: Provided nevertheless, that such Repeal shall not invalidate or affect any Thing which has been done before the passing of this Act in pursuance of any of the said Acts. 6 G 4. c.74. in Part repealed, except as herein stated. Any Number of form themselves II. And Whereas certain Friendly Societies have been estab 'lished in Great Britain and Ireland, 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; and it is expedient to give Pro'tection to such Societies and the Funds thereby established, and to afford Encouragement to other Persons to form the like Societies;' Be it enacted, That it shall and may be lawful to and for any Number of Persons in Great Britain and Ireland to form themselves into and to establish a Society for the Purpose of raising from Time to Time, by Subscriptions of the several Members of every such Society, or by Voluntary Contributions, or by Donations, a Stock or Fund for the mutual Relief and Maintenance of all and every the Members thereof, their Wives or Children, or other Relations, in Sickness, Infancy, advanced Age, Widowhood, orany other natural State or Contingency whereof the Occurrence is susceptible of Calculation by way of Average; and to and for the several Members of each Society from Time or Time to assemble together, and to make, ordain, and constitute such proper and wholesome Rules for the better Government and Guidance of the same as to the major Part of the Members of such Society so assembled together shall seem meet, so as such Rules shall not be repugnant to the Laws of this Realm, nor any of the express Provisions or Regulations of this Act; and to impose and inflict such reasonable Fines and Forfeitures upon the several Members of any such Society who shall offend against such Rules 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 shall direct; and also 1 from Time to Time to alter and amend such Rules as Occasion shall require, or to annul and repeal the same, and to make new Rules in lieu thereof, under such Restrictions as are in this Act contained. Power to alter and amend Rules. Establishment, &c. III. And be it further enacted, That every such Society so to Societies, in be established as aforesaid, before any of the Rules thereof shall their Rules, to be confirmed by the Justices in the Manner hereinafter directed, declare the Purshall, in or by One or more of the Rules to be confirmed by such pose of their 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 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 anywise shall belong 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; provided that the Application thereof 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, during the Continuance of the same, shall be complied 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, Trustee, or any other Officer or Member of such Society entrusted therewith, under such Penalty or Forfeiture as such Society shall by any Rule impose and inflict for such Offence. Rules of the submitted to a other Person, by whom they are IV. And be it further enacted, That a Transcript fairly written on Paper or Parchment, of all such Rules, signed by Three Members, and countersigned by the Clerk or Secretary, 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 submitted, in England and Wales and Berwick- to be certified; upon-Tweed, to the Barrister at Law for the Time being appointed to certify the Rules of Saving Banks, and in Scotland to the Lord Advocate or any of his Deputies, and in Ireland to such Barrister as may be appointed by His Majesty's Attorney General in Ireland, for the Purpose of ascertaining whether the said Rules of such Society, or Alteration or Amendment thereof, are in Conformity to Law and to the Provisions of this Act; and that the said Barrister or Advocate shall give a Certificate thereof, or point out in what Part or Parts they are repugnant thereto; and that the Fee payable to such Barrister or Advocate for perusing the Rules, or Alterations or Amendments of the Rules, of each respective Society, and giving such Certificate as aforesaid, shall not at any One Time exceed the Sum of One Guinea, which, together with the Expence of conveying the Rules to and from the said Barrister or Advocate, shall be defrayed by each Society 10 GEO. IV. respect Ꮓ and deposited with the Clerk of the Peace. Rules, when certified, to be confirmed by Justices at Sessions, and a Duplicate certified by Clerk of the Peace. When not necessary to sub mit Rules to Barrister. Manner of Proceeding in case Barrister shall respectively; and such Transcript, when certified by the said Barrister or Advocate, shall be deposited with the Clerk of the Peace for the County wherein such Society shall be formed, and by him laid before the Justices for such County at the General Quarter Sessions, or Adjournment thereof, next after the Time when such Transcript shall have been so certified and returned as aforesaid; and the Justices then and there present are hereby authorized and required to allow and confirm the same; and such Transcript shall be filed by such Clerk of the Peace with the Rolls of the Sessions of the Peace in his Custody; and a Certificate of the Enrolment thereof shall, within Fourteen Days after the End of the said Sessions or Adjournment thereof, be signed by such Clerk of the Peace on a Duplicate Copy to be provided by and returned to such Society, without Fee or Reward: Provided always, that nothing herein contained shall be construed to require any Rules, Alterations or Amendments thereof, to be submitted to such Barrister or Advocate, if the same, when deposited with the Clerk of the Peace, are accompanied with an Affidavit of being a Copy of any of the Rules, Alterations, or Amendments of any other Society which shall have been already enrolled under the Provisions of this Act in the same County. V. Provided always, and be it further enacted, That in case any such Barrister or Advocate shall refuse to certify all or any of the Rules so to be submitted for his Perusal and Examination, it shall refuse to certify. then be lawful for any such Society to submit the same to the Court of Quarter Sessions, together with the Reasons assigned by the said Barrister or Advocate, in Writing, for any such Rejection or Disapproval of any One or more such Rules; and that the Justices at their said Quarter Sessions shall and may, if they think fit, confirm and allow the same, notwithstanding any such Rejection or Disapproval by any such Barrister or Advocate. Rules not to be allowed unless the Justices are satisfied with the Tables. No Society entitled to the Benefit of this Act, unless their Rules have been confirmed. VI. Provided always, and be it further enacted, That no Rules of any Society hereafter to be formed shall be allowed unless it shall appear to the Justices to whom the same are tendered that the Tables of the Payment to be made by the Members, and of the Benefits to be received by them, may be adopted with Safety to all Parties concerned. VII. And be it further enacted, That no such Society as aforesaid shall have the Benefit of this Act, unless all the Rules for the Management thereof shall be entered in a Book to be kept by an Officer of such Society appointed for that Purpose, and which Book shall be open at all seasonable Times for the Inspection of the Members of such Society, and unless all such Rules shall be fairly transcribed, and such Transcript deposited with the Clerk of the Peace for the County wherein such Society shall be established as aforesaid; but nevertheless nothing contained herein shall extend to prevent any Alteration in or Amendment of any such Rules so entered and deposited and filed as aforesaid, or repealing or annulling the same, or any of them, in the Whole or in Part, or making any new Rules for the Management of such Society, in such Manner as by the Rules of such Society shall from Time to Time be provided; but such new Rules, or such Alterations in or Amendments of former Rules, or any Order annulling or repealing any former Rules in the Whole or in Part, shall } |