current year shall be submitted to both houses of parliament (z). The Act also contains provisions enabling any person making deposit under it, to transfer the amount to any savings bank managed by trustees; and for the transfer, on the other hand, of the amount due to any depositor in any such savings bank, to the post-master general (a).

2. Friendly societies.-The statutes by which these are now governed are the 18 & 19 Vict. c. 63, the 21 & 22 Vict. c. 101, and the 23 & 24 Vict. cc. 58, 137 (b).

A society of this description may have for its object the raising of a fund by subscription for any of the following purposes: 1. The insurance of money to be paid on the birth of a member's child or the death of a member, or for the funeral expenses of the wife or child of a member (c). 2. The relief or maintenance of the members, their husbands, wives, children, brothers, sisters, nephews or nieces in old age, sickness or widowhood, or the endowment of members or nominees of members of any age. 3. Any other purpose which shall be authorized by a principal secretary of state, as one to which the powers and facilities of the Acts ought to be extended. But for whatever purpose established, the sum payable on death, or other contingency, to any one member, must not exceed 2007.; nor can he subscribe for an annuity exceeding 30l. per annum (d). And special provisions are made to prevent

(z) 24 & 25 Vict. c. 14, s. 12. (a) Sect. 10. And see 26 & 27 Vict. c. 14.

(b) By 18 & 19 Vict. c. 63, the previous enactments as to friendly societies are repealed, with the exception of 17 & 18 Vict. c. 56; but that Act has reference only to a certain class of societies, viz. those which grant policies of assurance in the event of death exceeding the sum of 1,000l., and such societies are

no longer to be deemed "friendly societies."

(c) By 17 & 18 Vict. c. 105, s. 44, 22 & 23 Vict. c. 40, s. 23, and 23 Vict. c. 13, no man shall forfeit any interest he may possess in any friendly or benefit society, by reason of his enrolment or service in the militia, naval coast volunteers, volunteer force of seamen, or in any corps of yeomanry or volunteers. (d) 18 & 19 Vict. c. 63, s. 9.

fraud and mal-practices, in the case of the insurance of money payable on the death of a child under ten years (e).

The trustees of friendly societies are required from time to time (with the consent of the society), to invest the funds thereof in some savings bank, or in the public funds, or with the commissioners for the reduction of the national debt, or in such other manner as sanctioned in the Acts (f). And all real and personal estate belonging to the society becomes vested in the trustees thereof and their successors without any conveyance or assignment whatever, except in the case of stock in the public funds, which shall be transferred into the name of any new trustees (g). And in the event of the death or bankruptcy of, or process issued against, any officer of the society having its monies in his hands, a priority of payment is secured to the institution (h). It is also provided, that if any officer of the society or other person shall by false representation or imposition obtain possession of any of its property,— or, having the same in his possession, shall withhold or misapply the same, the money may be recovered, and the offender subjected to a penalty, by a summary proceeding before justices of the peace (i). And all applications for the removal of any trustee, or other relief, order, or direction, or for the settlement of disputes,where there is no other method prescribed by the society's

(e) In case of a sum insured to be paid on the death of a member's child, under the age of ten, for the funeral expenses, payment can only be made to the party applying on his producing a medical certificate as to the probable cause of death. And it is unlawful to pay, on the death of such child under the age of five years, any sum which shall raise the whole amount receivable above 67., or, if between the ages of five and ten, above 107. (21 & 22 Vict. c. 101, s. 2.)

(f) 18 & 19 Vict. c. 63, ss. 32, 33. As to how money remitted to them may be invested by such commissioners, vide sup. p. 82, n. (g). (g) Sect. 18.

(h) Sect. 23. It appears to be open to doubt whether this privilege, in the event of bankruptcy, is still in force, having regard to "The Bankruptcy Act, 1869" (32 & 33 Vict. c. 71), s. 32.

(i) 18 & 19 Vict. c. 63, s. 24. See Ex parte O'Donnell, Law Rep., 1 Q. B. 274.

rules (k),—are to be made to the county court of the district within which the usual or principal place of business of the society shall be situate (1); and the decision of such court is not subject to appeal (m).

Persons wishing to establish a society of this description, may make such rules as they think proper for the purpose (n). But two copies of such rules must be made out and transmitted to the "Registrar of Friendly Societies;" and when certified by him as conformable to law and to the Acts, one of them is to be returned to the society, and the other is to be kept by him in such manner as shall be from time to time directed by one of the principal secretaries of state (o). Upon being so certified, the rules take immediate effect, and are binding in point of law on all the parties concerned (p).

It deserves to be noticed here, that it forms one of the

(k) 18 & 19 Vict. c. 63, ss. 9, 24, 44; Hornby v. Close, Law Rep., 2 Q. B. 153. In some instances, by the rules of the society, disputes are to be settled by justices. (See 21 & 22 Vict. c. 101, s. 5; The Queen v. Lambarde, Law Rep., 1 Q. B. 388; Callaghan v. Dolwin, ib., 4 C. B. 288.)

(1) See Shea v. St. Patrick, Law Rep., 3 C. B. 21.

(m) 18 & 19 Vict. c. 63, s. 41. See In re Meredith & Whittingham, 1 C. B. (N. S.) 216; Hull v. M'Farlane, 2 C. B. (N. S.) 796; Smith v. Pryse, 7 Ell. & Bl. 339; Hoey v. M'Farlane, 4 C. B. (N. S.) 718; Ex parte Wooldridge, 1 B. & S. 844; Callaghan v. Dolwin, ubi sup. See also County Court Rules and Orders, 1867, Nos. 269, 270.

(n) 18 & 19 Vict. c. 63, s. 25. As to the manner in which societies may be dissolved, and the funds divided, see sect. 13; 21 & 22 Vict.

c. 101, s. 8; 23 & 24 Vict. c. 58, ss. 1, 3, 5.

(0) 18 & 19 Vict. c. 63, s. 26.

(p) Ibid. It is also provided (sect. 11), as to all benevolent institutions" formed for the purpose of "relieving the physical wants and "necessities of persons in poor cir"cumstances, or for improving the "dwellings of the labouring classes, "or for granting pensions, or for "providing habitations for the mem"bers or other persons elected by "them," that if two copies of their rules be transmitted to the registrar. and he shall certify them as not repugnant to law, certain portions of the above Act shall be applicable to such institutions; and among others, that which establishes the jurisdiction of the county court in cases of dispute among the members, or between the members and the officers of the society.

provisions of "The Married Women's Property Act, 1870" (33 & 34 Vict. c. 93), that any woman married, or about to be married, may apply, in writing, to the trustees of any friendly society, that any share, benefit, debenture, right, or claim whatsoever upon the funds of the society, to the holding whereof no liability is attached, and to which the woman applying is entitled, may be entered in the books of the society in her name (or intended name) as being entitled thereto to her separate use, whereupon it shall be deemed to be her separate property, and be transferable and payable to her, with all dividends and profits thereon, as if she were an unmarried woman (q).

3. Benefit building societies.-The sanction and assistance of the legislature have also been granted to societies established to raise a subscription fund, by advances from which the members shall be enabled to build or purchase dwelling-houses, or to purchase land, such advances being secured to the society by mortgage of the premises so built or purchased. By the 6 & 7 Will. IV. c. 32, societies of this description, (their rules being duly certified as required by the Acts relative to friendly societies,) are enabled to transfer shares without payment of stamp duty, and to effect reconveyances of the mortgaged property by a mere receipt for the money advanced, without incurring the expense of a formal instrument (r). They are also made subject in general to the various provisions of the law relating to friendly societies (s).

(2) 33 & 34 Vict. c. 93, s. 5. Vide sup. p. 83, n. (o), which applies to friendly societies as well as savings banks.

(r) As to points on this statute, see Thorn v. Croft, Law Rep., 3 Eq. Ca. 193; Pease v. Jackson, ib., 3 Ch. App. 576; Laing v. Reed, ib., 5 Ch. App. 4.

(8) See in particular the provision in "The Married Women's Property Act, 1870," mentioned sup. p. 83. The following are some of the numerous cases which have arisen on the Acts relating to Benefit Building Societies:-Morrison v. Glover, 4 Exch. 430; Walker v. Giles, 6 C. B. 662; Reeves

4. Industrial and provident societies.-Lastly, it has been deemed expedient to extend certain of the statutory provisions relating to friendly societies, to such associations of persons (not being less in number than seven) as shall establish themselves for the purpose of carrying on any labour, trade or handicraft, whether wholesale or retail (except the business of banking), and of applying the profits for any purpose allowed by the Friendly Societies Acts, or otherwise permitted by law (t): and to such associations. (when duly registered) it has been provided by 25 & 26 Vict. c. 87 (amended by 30 & 31 Vict. c. 117, and 34 & 35 Vict. c. 80), that certain provisions in the Acts relating to friendly societies shall apply (u); and (amongst others) those which have reference to exemption from stamp duties and income tax,-to the settlement of disputes by way of arbitration or otherwise, according to the rules of the society, to the compensation of members unjustly excluded, and to the power of justices or county courts in case of fraud or disputes not otherwise provided for (x). It is also enacted that no member of any society under the Act shall be entitled to hold or claim any interest therein exceeding the sum of 2007. (y); —that copies of the rules must be forwarded to the Registrar of Friendly

v. White, 17 Q. B. 995; The Queen v. Evans, 3 Ell. & Bl. 363; The Queen v. Trafford, 4 Ell. & Bl. 122; Card v. Carr, 1 C. B. (N. S.) 197; Farmer v. Giles, 5 H. & N. 753; Alexander v. Wornman, 6 H. & N. 100; Bottomley v. Fisher, 1 Hurl. & C. 211; Dean v. Mallard, 15 C. B. (N. S.) 19; Allard v. Bourne, ib. 468; The Queen v. D'Eyncourt, 4 B. & Smith, 820; Parker v. Butcher, Law Rep., 3 Eq. Ca. 762.

(t) By 25 & 26 Vict. c. 87, associations for working mines and quarries were excluded from the Act, but this restriction was re

moved by 30 & 31 Vict. c. 117.

(u) The provisions in the Married Women's Property Act, 1870, mentioned sup. pp. 83, 89, apply also to industrial and provident socicties.

(x) See County Court Rules and Orders, 1867, Nos. 269, 270. The 25 & 26 Vict. c. 87, repeals the previous Acts regulating Industrial and Provident Societies, viz., 15 & 16 Vict. c. 31; 17 & 18 Vict. c. 25, and 19 & 20 Vict. c. 40.

(y) 25 & 26 Vict. c. 87, s. 9; 30 & 31 Vict. c. 117, s. 2.