Act may be altered, &c. Loan Societies to the Defendant One Calendar Month at least before the Commencement of the Action; and the Defendant in such Action may plead the General Issue, and give this Act and any other Matter or Thing in Evidence at any Trial to be had thereupon; and if the Cause of Action shall appear to arise from any Matter or Thing done in pursuance and by the Authority of this Act, or if any such Action shall be brought after the Expiration of such Three Calendar Months, or shall be brought in any other Court or Place than as aforesaid, or if Notice of such Action shall not have been given in manner aforesaid, or if Tender of sufficient Amends shall have been made before such Action commenced, or if a sufficient Sum of Money shall have been paid into Court after such Action commenced by or on behalf of the Defendant, the Jury shall find a Verdict for the Defendant; or if a Verdict shall pass for the Defendant, or if the Plaintiff shall become Nonsuit, or shall discontinue any such Action, or if upon Demurrer or otherwise Judgment shall be given against the Plaintiff, the Defendant shall recover his full Costs of Suit as between Attorney and Client, and shall have the like Remedy for the same as any Defendant may have for Costs of Suit in other Cases at Law; and although a Verdict shall be given for the Plaintiff in any such Action, such Plaintiff shall not have Costs against the Defendant unless the Judge before whom the Trial shall be had shall at the Time of such Trial, certify in Writing his Approbation of the Action and of the Verdict obtained thereupon. XXVIII. And be it further enacted, That this Act may be altered, varied, or repealed by any Act or Acts to be passed in this present Session of Parliament. CA P. LV. An Act to amend the Laws relating to Loan Societies in WHEREAS certain Institutions for establishing Loan Funds have been and may be established in Ireland for the Benefit and Advantage of the industrious Classes of His Majesty's Subjects;' and it being expedient to give Protection to the Funds of such Institutions, and also to afford Encouragement to the Formation of other Institutions of a like Kind, 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 it shall and may be lawful to and may be formed for any Number of Persons in Ireland to form themselves into in Ireland; and and to establish a Society in Ireland, for the Purpose of raising from Time to Time, by Loans from the Members of such Society or from other Persons at a Rate of Interest not exceeding Six under Restric- per Cent. per Annum, or by Donations, a Stock or Fund for the Purpose of granting Loans to the industrious Classes resident therein, and receiving back Payment for the same by Instalments, with Interest thereon, as herein-after provided, and to and for the several Members of each Society from Time to Time to assemble together, and make, ordain, and constitute such proper and wholesome Rules for the better Government and Guidance of the such Societies may make Rules, &c. tions in this Act. same as to the major Part of the Members of such Society so assembled together shall seem meet, and to impose such reasonable Fines upon the several Persons obtaining Loans from the Funds 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 the Rules shall direct, so as such Rules shall not be repugnant to the Laws of this Realm, nor to any of the express Provisions or Regulations of this Act; and also 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; and that if any Society Rules of Soso to be formed, or any Society already formed for the like cieties already Objects, shall be desirous of having the Benefit of this Act, such formed, or to Society, or Persons forming or about to form the same, shall be formed, to cause the Rules framed or to be framed for the Management of such Society, or any Alteration or Amendment thereof, to be certified, transmitted, and enrolled in manner herein-after directed, and thereupon shall be deemed and be entitled to and shall have the Benefit of the Provisions contained in this Act. II. And be it further enacted, That, for the general Control and Superintendence of all Loan Fund Societies established or to be established in Ireland under the Authority of this Act, there shall be One permanent Central Board in Dublin, to be denominated"The Loan Fund Board," the Members of which shall be chosen by the Lord Lieutenant or other Chief Governor or Governors of Ireland for the Time being, and which Board shall have Power to inquire into the Proceedings of all such Societies in order to ascertain whether the Rules so to be certified and enrolled as aforesaid have been duly attended to, and that the Funds of such Societies are applied to the Purposes for which the same are intended, and such Board may, where necessary, appoint Inspectors and other Officers, who shall have Power at all reasonable Times to inspect the Books, Accounts, and Papers of or belonging to such Societies. III. And be it further enacted, That in case any of the Members of the Board as aforesaid shall happen to die, or be minded and desirous to be discharged from the Duties or Offices thereof, then that it shall and may be lawful for the Lord Lieutenant or Chief Governor of Ireland for the Time being to appoint any other fit and proper Person or Persons in the Room and Stead of the Person or Persons so happening to die, or be minded and desirous to be discharged as aforesaid; and the Individual or Individuals so chosen as last aforesaid shall from Time to Time, to all Intents and Purposes, be as full and efficient to discharge the necessary Duties of such Board as the Person or Persons so happening to die, or be minded and desirous of being discharged from the Duties or Offices thereof. IV. And be it further enacted, That Three Transcripts, fairly written on Paper or Parchment, of all Rules or of any Alteration or Amendment thereof made in pursuance of this Act, signed by Two 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, be enrolled. A Central Board to be formed in Dublin, to be called Board. The Loan Fund In case of Death or Resignation, fresh Members to be chosen. Three Transcripts of the mitted to the Barrister appointed by the Board, and if Rules to be sub conformable to Law to be so not to exceed One Guinea at any one Time. or amending thereof, shall be submitted to such Barrister as may be appointed by the said Loan Fund Board, which Barrister the certified by him. said Board is hereby authorized and required to appoint for the Purpose of ascertaining whether the said Rules of such Society, or Alteration or Amendment thereof, are calculated to carry into effect the Intention of the Parties framing such Rules, Alterations, or Amendments, and are in conformity to Law and to the Provisions of this Act; and 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 and to the Provisions of this Act, or point out in what Part or Parts the said Rules are repugnant thereto, and on what Grounds and for what Reasons they are so repugnant, and how Fee to Barrister and in what Manner they can be made conformable thereto; and that the Fee payable to such Barrister for advising as aforesaid, and perusing the Rules or Alterations or Amendments of the Rules of each respective Society, and giving such Certificates as aforesaid, and stating such Grounds or Reasons, or suggesting such Alterations 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, shall be defrayed by each Society respectively; and one of such Transcripts, when certified by the said Barrister, shall be returned to the Society, and another of such Transcripts shall be transmitted by such Barrister to the said Loan Fund Board, and the other of such Transcripts shall be transmitted to 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 held next after the Time when such Transcript shall have been so certified and transmitted to him as aforesaid, and in the County of Cork before the Justices at the General Sessions or Adjournment thereof which shall be so held in the Riding in which such Society shall have been formed, and the Justices then and there present are hereby authorized and required, without Motion, 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, without Fee or Reward; and that all Rules, Alterations and Amendments thereof, from the Time when the same shall be certified by the said Barrister, or certified, confirmed, and allowed by the Justices as herein-after provided, shall be binding on the several Members or Officers of the said Society, and all other Persons having Interest therein. Barrister not entitled to fur ther Fee within Three Years in respect of the same Rules. V. Provided always, and be it enacted, That the said Barrister shall be entitled to no further Fee for or in respect of any Alteration or Amendment of any Rules upon which One Fee has been already paid to the said Barrister within the Period of Three Years: Provided also, that if any Rules, Alterations, or Amendments are sent to such Barrister accompanied with an Affidavit of being a Copy of any Rules or Alterations or Amendments of the Rules of any other Society which shall have been already enrolled under the Provisions of this Act, the said Barrister shall certify and return the same as aforesaid without being entitled to any Fee for such Certificate. VI. Pro Barrister to certify Rules, be submitted to Transcript to VI. Provided always, and be it further enacted, That in case On Refusal of any such Barrister shall refuse to certify all or any of the Rules so to be submitted for his Perusal and Examination, it shall then be lawful for any such Society to submit a Transcript of the same to the Court of Quarter Sessions, together with the Reasons Quarter Sesassigned by the said Barrister, in Writing, for any such Rejection sions, who may or Disapproval of any One or more of such Rules; and that the certify it. Justices at the said Quarter Sessions shall and may, if they think fit, certify, confirm, and allow the same notwithstanding any such Rejection or Disapproval by any such Barrister; and such Transcript so certified, confirmed, and allowed 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 a Copy of such Rules so filed shall be forthwith transmitted by such Society to said Loan Fund Board. VII. And be it further enacted, That all the Rules of any Society to be entitled to the Benefit of this Act shall be certified by a Barrister at Law, to be appointed by the said Loan Fund Board, and transmitted and enrolled in the same Manner. as the Rules and Regulations of any Friendly Society are required to be certified, transmitted, and enrolled pursuant to the Provisions of a certain Act passed in the Fourth and Fifth Years of the Reign of His present Majesty King William the Fourth, intituled An Act to amend an Act of the Tenth Year of His late Majesty King George the Fourth, to consolidate and amend the Laws relating to Friendly Societies; and that all the Provisions of the said Act, as well as the Act made and passed in the Tenth Year of His late Majesty King George the Fourth, to consolidate and amend the Laws relating to Friendly Societies, as far as the same relate to the certifying, transmitting, and enrolling the Rules or any Alteration or Amendment of the Rules of Friendly Societies, shall be applicable to the certifying, transmitting, and enrolling the Rules or any Alteration or Amendment of the Rules of any Society to be established under the Provisions of this Act; and also that an authenticated Copy or Transcript of all such Rules, or of any Alteration or Amendment thereof, shall be transmitted by the said Society to the said Loan Fund Board within One Month after the same shall have been certified as herein-before provided. Rules to be certified, transmitted, and en rolled, pursuant to 4 & 5 W. 4. c. 40. VIII. And be it further enacted, That every such Loan Fund Society may apSociety shall and may from Time to Time at any of their usual point Officers. Meetings, or by their Committee if any such shall be appointed for the Society, which Committee such Society is hereby authorized to appoint, elect and appoint such Persons into the Offices of Trustee, Manager, Treasurer, Officer, Clerk, or Servant of such Society, as they shall think proper and necessary to carry into execution the Purposes of such Society, for such Space of Time and for such Purposes as shall be fixed and established by the Rules of such Society, and from Time to Time to elect and appoint others in the Room of those who shall vacate, die, or be removed. IX. And be it enacted, That all Rules from Time to Time Rules to be enmade and in force for the Management of any such Society as tered in a Book aforesaid, and duly enrolled, shall be entered in a Book or Books to be kept by to be kept by an Officer of such Society, to be appointed for that the Society. Purpose, the Officer of Property of Society vested in Trustees. Purpose, and which Book or Books shall be open at all seasonable Times, at least One Day in the Week, for the Inspection of Persons obtaining Loans from or granting Loans to such Society, and such Rules and Regulations shall be binding on the several Members and Officers of such Society, and on the several Persons obtaining Loans from or granting Loans to the same, and their Representatives, as well as those Parties who may become the Sureties for the Repayment of any Loan, all of whom shall be deemed and taken to have full Notice thereof by such Entry and filing with the Clerk of the Peace; and the Entry of such Rules in such Book or Books as aforesaid, or the Transcript thereof filed with the Clerk of the Peace, or a true Copy of such Transcript examined with the Original, and proved to be a true Copy, 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 His Majesty's Courts of Record; and every Copy of any such Transcript filed with any Clerk of the Peace as aforesaid shall be made without Fee or Reward, except the actual Expence of making such Copy, and such Copy shall not be subject to any Stamp Duty. X. And be it further enacted, That all Monies, Goods, Chattels, and Effects whatsoever belonging to such Society shall be vested in the Trustee or Trustees of such Society for the Time being, for the Use and Benefit of such Society and the respective Members thereof, their respective Executors and Administrators, according to their respective Claims and Interest, and after the Death, Resignation, or 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 Action or Suit, as well Criminal as Civil, in Law or Equity, in anywise touching or concerning the same, be deemed and taken to be, and shall in every such Proceeding (where necessary) be stated 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 shall and they are hereby respectively authorized to bring or defend, or cause to be brought or defended, any Action, Suit, or Prosecution, Criminal as well as Civil, in Law or Equity, touching or concerning the Property, Right of Claim aforesaid 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 other Description; and no Suit, Action, or Prosecution shall be discontinued or abate 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 by the succeeding Trustee or Trustees in the proper Name or Names of such Person or Persons commencing the same, any Law, Usage, or Custom to the contrary notwithstanding; and such succeeding Trustee or Trustees shall pay or receive like Costs as if the Action or Suit had been commenced in his or their Name or Names for the Benefit of or to be reimbursed from the Funds of such Society. XI. Pro |
