been deposited with the registrar, every dispute between any member or members of such society, and the trustees, treasurer or other officer, or the committee of such society, shall be decided in manner hereinbefore provided with respect to disputes; and the decision thereof, in the case of societies to be established under this act, and the sections in this act provided for such decision, and also the section in this act which enacts a punishment in case of fraud or imposition by an officer, member or person, shall be applicable to such uncertified societies: provided always, that nothing herein contained shall be construed to confer on any such society whose rules shall not have been certified by the registrar, or any of the members or officers of such society, any of the powers, exemptions or facilities of this act, save and except as in and by this section is expressly provided."

By sect. 6 of the 21 & 22 Vict. c. 101, "Sections 40 and 44 of the said act shall extend and be applicable to disputes between the executors, administrators, nominee or assigns of a member, and the trustees, treasurer or other officer, or the committee of a society."

СНАР. Х.

dissolved.

By sect. 13 of the 18 & 19 Vict. c. 63, "It shall be Friendly lawful for the members of any society heretofore formed societies, how and established, or hereafter to be formed and established, at some meeting thereof to be specially called in that behalf, to dissolve or determine the same by consent; provided that no society established under this or any act relating to friendly societies shall be dissolved or determined without obtaining the votes of consent of fivesixths in value of the then existing members thereof, including the honorary members, if any, to be ascertained in manner hereinafter mentioned, nor without the consent of all persons, if any, then receiving or then entitled to receive any relief, annuity, or other benefit from the funds thereof, to be testified under their hands individually and respectively, unless the claim of every such person be first duly satisfied, or adequate provision made for satisfying such claim; and for the purpose of ascertaining the votes of such five-sixths in value of the numbers as aforesaid, every member shall be entitled to one vote, and an additional vote for every five years that he may have been a member, but no one member shall have more than five votes in the whole; and the intended appropriation or division of the funds or other property shall be fairly and distinctly stated in the agreement for dissolution prior to

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Y

PART III.

Cattle in

surance societies.

such consent being given (i); and the agreement for such dissolution, duly signed as aforesaid, accompanied with a statutory declaration by one of the trustees, or by three members and the secretary, taken before a justice of the peace, that the provisions of this act have been complied with, shall be forthwith transmitted to the registrar, to be by him deposited with the rules of the society; and such agreement shall thereupon be an effectual discharge at law and in equity to the trustees, treasurers, and other officers of such society, and shall operate as a release from all the members of the society to such trustees, treasurers, and other officers; and it shall not be lawful in any society to direct a division or appropriation of any part of the stock thereof, except for the purpose of carrying into effect the general interests and objects declared in the rules as originally certified, unless the claim of every member is first duly satisfied, or adequate provision is made for satisfying such claims; and in case any member of such society shall be dissatisfied with such provision, it shall be lawful for him or her to apply to the judge of the county court of the district within which the usual place of business of the society is situated for relief or other order; and the said judge shall have the same powers to entertain such application, and to make such order or direction in relation thereto as he may think the justice of the case may require, as hereinafter is enacted in regard to the settlement of disputes; and in the event of the dissolution or determination of any society, or the division or appropriation of the fund thereof, except in the way hereinbefore provided, any trustee or other officer or person aiding or abetting therein shall, on conviction thereof by two justices, be committed to the common gaol or house of correction, there to be kept to hard labour for any term not exceeding three calendar months, as to such justices shall seem meet.”

Cattle Insurance Societies.]-By sect. 1 of 31 & 32 Vict. c. 34, societies may be established under the provisions of the 18 & 19 Vict. c. 63, for the insurance to any amount against loss of cattle by death; and by sect. 2, all

(i) By sect. 8 of 21 & 22 Vict. c. 101, the appropriation or division of the funds need not be stated, but may, by the agreement for dissolution, be referred to the award of the registrar of friendly societies, or to

the actuary to the commissioners for the reduction of the national debt, or to an actuary of some life assurance company in London who shall have exercised his profession for at least five years.

contributions, premiums and other payments payable by any member of any such society, under its rules, in respect of any insurance effected by him, are to be considered as a debt due by him to the society, and are recoverable as such in the county court of the district within which the usual or principal place of business of the society is situate.

CHAP. X.

societies.

Industrial and Provident Societies.]-By sect. 3 of Industrial and 30 & 31 Vict. c. 117, the provisions in 18 & 19 Vict. c. 63, provident for the determination of disputes by the county courts, are to apply to all societies registered under the first above recited act.

tutions.

Literary and Scientific Institutions.]-By sect. 29 of Literary and "The Literary and Scientific Institutions Act, 1854," scientific insti17 & 18 Vict. c. 112, " Any number not less than threefifths of the members of any institution may determine that it shall be dissolved, and thereupon it shall be dissolved forthwith, or at the time then agreed upon, and all necessary steps shall be taken for the disposal and settlement of the property of the institution, its claims and liabilities, according to the rules of the said institution applicable thereto, if any; and if not, then as the governing bodies shall find expedient; provided, that, in the event of any dispute arising among the said governing body or the members of the institution, the adjustment of its affairs shall be referred to the judge of the county court of the district in which the principal building of the institution shall be situated, and he shall make such order or orders in the matter as he shall deem requisite, or, if he find it necessary, shall direct that proceedings shall be taken in the Court of Chancery for the adjustment of the affairs of the institution."

By sect. 30, "If upon the dissolution of any institution there shall remain, after the satisfaction of all its debts. and liabilities, any property whatsoever, the same shall not be paid to or distributed among the members of the said institution, or any of them, but shall be given to some other institution, to be determined by the members at the time of the dissolution, or in default thereof by the judge of the county court aforesaid; provided, however, that this clause shall not apply to any institution which shall have been founded or established by the contributions of shareholders in the nature of a joint-stock company."

PART III.

Mode of proceeding.

Fecs.

Mode of Proceeding.]-In proceedings in the county courts under the above acts a plaint must be entered, and a summons be issued thereon, and the rules and practice adopted with respect to such proceedings, so far as the same are applicable (j).

Where a defendant is a trustee, member of the general committee of management, treasurer or other officer of an institution or society established under any of the above acts, the summons must be served in the mode, if any, prescribed by the act under which any such institution or society is established or regulated; and if no mode of service is thereby prescribed, then at the usual place of business of the institution or society, and if there be no such place of business, then according to the ordinary practice of the court (k).

By sect. 7 of 21 & 22 Vict. c. 101, " In any proceeding under this act, or the 18 & 19 Vict. c. 63, against a society, it shall be sufficient to make the secretary or other officer of the society at the time of the plaint or complaint being entered or made, the defendant in such proceeding, by his name and the title of the office he holds in the society; and the proceedings on such plaint or complaint shall be commenced and carried on against such officer on behalf of the society, and shall not be abated or prejudiced by the death, resignation or removal, or by any act of such officer after the commencement thereof; and the summons to be issued to such officer may be served by leaving the same at the usual place of business of the society."

Fees.]-By order of the Treasury, dated 30th December, 1867, the same fees are to be taken in proceedings under these acts as upon the entry and hearing of a plaint, to be estimated upon the amount in dispute, and if no amount is in dispute, or it be not ascertained, then as upon a claim for 201.; but in proceedings under the Friendly Societies Acts, if the application is not for the payment of money, the fees are to be estimated upon the sum which the applicant states that he will apply to the court to order the payment of, in case of refusal or neglect to comply with its order (1).

CHAPTER XI.

ACKNOWLEDGMENTS BY MARRIED WOMEN.

By the 19 & 20 Vict. c. 108, s. 73, any acknowledgment to be made by any married woman, under the 3 & 4 Will. 4, c. 74, may be received by a judge of a county court, in the same manner as the acknowledgment might have been received by a judge of a superior court (a).

The practice before a judge at chambers is as follows :— The attorney employed, who must be one in actual practice, must ascertain that the woman acts voluntarily, and is fully aware of the effect of the deed she is to execute, and that she is, or that she is not, to receive compensation for its execution, so as to enable him to make the necessary affidavit (b).

He must then bring her, with the deed, before the judge, by whom she, apart from her husband and the attorney (c) employed, must be examined, touching her knowledge of the deed, and as to whether she freely and voluntarily consents to it (d). When the judge is satisfied, the attorney is called to hear her formally acknowledge the deed, which acknowledgment he is required to verify by affidavit (e). The judge then signs a memorandum, which should have been previously prepared in the margin or at the foot of the deed, identifying the deed (ƒ), and also a certificate of the taking by him of the acknowledgment, which should be prepared ready on a separate piece of parchment (g).

By this certificate the judge states that the woman was at the time of full age and competent understanding. If the judge has any doubt on this point, it would appear that he must satisfy himself by reference to the certificate

(a) The 3 & 4 Will. 4, c. 74, and the necessary forms, will be found in the Appendix. See also Macqueen on Husband and Wife, Part X., in which the practice, under the 3 & 4 Will. 4, c. 74, is stated very fully. (b) See form, App.

(c) R. G., H. T., 1834.

(d) 3 & 4 Will. 4, c. 70, s. 80.

(e) See form of affidavit, App. Reg. Gen., Mich. Term, 1862; Ex parte Hall, 19 C. B., N. S. 369.

(f) 3 & 4 Will. 4, c. 70, s. 84. (g) Ibid.