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orany other office or place appertaining to the office of punishment under the provisions of this Act, but 33. Saving for privileges of city of London and sheriff, nor contract for, promise, or grant for any subject as herein-after mentioned, be liable approval of election of sheriffs of Middlesex and valuable consideration whatever any such office or (i.) to be punished by the court as herein-after London.] (1.) Nothing in this Act shall affect the place, nor give, promise, or receive any valuable mentioned ; and

privilege of the mayor, commonalty, and citizens of consideration whatever for any such office or place. (ii.) to forfeit two hundred pounds, and to pay all the city of London to elect the sheriff of Middlesex (2.) Any person who acts in contravention of this damages suffered by any person aggrieved,

and sheriffs of London. section, not being an under-sheriff, deputy-sheriff, and such forfeiture and damages may be recovered (2.). Unless otherwise directed by order of Her bailiff or officer of a sheriff, shall be liable to the by such person as a debt by an action in Her Majesty in Council, warrants signifying the approval same punishment as if he were an under-sheriff, Majesty's High Court of Justice.

by Her Majesty of the election of the sheriff of deputy-sheriff, bailiff, or officer.

(3.) Any of the following courts, that is to say, Middlesex and sheriffs of London shall be prepared (3.) Provided that this section shall not prevent Her Majesty's High Court of Justice, any court of under the seal of the Chancellor of the Exchequer the sheriff or under-sheriff from demanding and assize, oyer and terminer or gaol delivery, or any at the central office of the Supreme Court of Judica. taking the lawful fees and perquisites of the office judge of any of the said courts, also where the alleged ture, which warrants may be delivered to the said of sheriff or of any place or employment belonging offence has been committed in relation to any writ sheriffs or their duly authorised agents without fee thereto, nor from taking security for duly answering issued out of any other court of record than those on the thirtieth day of September or between that for the same, and shall not provent any officer of a above-mentioned, the court out of which such writ day and the twelfth day of November in every year, sheriff from accounting to the sheriff for the fees issued, may, on complaint made of any such offence and an entry of the grant of such warrants shall be and perquisites received by him in respect of his as aforesaid having been committed and on proof on made on the roll of the court, and unless such war. office, nor from giving security so to account, and oath given by the examination of witnesses or by rant be stayed by order of Her Majesty in Council shall not prevent a sheriff from giving nor an officer affidavit or on interrogatories of the commission of on or before the said thirtieth day of September, the from receiving a salary or remuneration for the the alleged offence, and after hearing anything election of such sheriff or sheriffs shall be deemed execution of his office.

which the alleged offender may urge in his defence to be approved by Her Majesty.

(which evidence and hearing may be taken and had (3.) All warrants and documents relating to the Outgoing Sheriff.

in a summary manner) punish the offender or cause said sheriff or sheriffs which heretofore have been 28. Outgoing sheriff to turn over prisoners and proceedings to be taken for his punishment in like filed and recorded in the central office of the process to incoming sheriff.] (1.) Every sheriff shall manner as a person guilty of contempt of the said Supreme Court of Judicature shall continue to be so at the expiration of his term of office make out and court may be punished.

filed and recorded. deliver to the incoming sheriff a correct list and (4.) The Court may order the costs of or occasioned (4.) Save as aforesaid and save as regards the account under his hand of all prisoners in his by any such complaint to be paid by either party to maintenance of men servants and the duration of custody and of all rolls and writs in his hands not the other and an order by the High Court of Justice office, this Act shall apply to the sheriff of Middlesex wholly executed by him, with all such particulars as in any such summary proceeding to pay any costs, and sheriffs of London in like manner as to any may be necessary to explain to the incoming sheriff damages, or penalty shall be of the same effect as a other sheriff. the several matters intended to be transferred to judgment of the High Court, and may be enforced

34. Application of Acts to franchises.] Where a him, and shall thereupon turn over and transfer to accordingly. the custody of the incoming sheriff all such prisoners

(5.) Any of the said courts being a superior court corporate has in any franchise, that is to say, any

lord of a franchise or any other person or body rolls and writs, and all records, books, and matters of record may also proceed for and deal with such liberty, hundred, franchise, or other part of a appertaining to the office of sheriff.

offence in like manner as for any contempt of such county, the return or execution of writs, or any (2.) The incoming sheriff shall thereupon sign and court. give to the outgoing sheriff a duplicate of such list (6.) If any person not being an under-sheriff, following provisions shall apply to such lord, person,

other of the privileges or duties of a sheriff, the and account, which shall be a good and sufficient dis- bailift, or officer of a sheriff, assumes or pretends to charge to him of and from all the prisoners therein act as such, or demands and takes any fee or reward

or body corporate (in this Act referred to as the

bailiff of a franchise) that is to saymentioned and the execution of the writs and other under colour or pretext of such office, he shall be

(2.) The bailiff of a franchise shall either hold the matters therein contained ; and thereupon the in. guilty of contempt of Her Majeety's High Court of coming sheriff shall stand charged with the said Justice, and be liable to be punished in manner pro

office himself, or shall put in bailiffs having prisoners and with the execution and care of the said vided by this section as if he were an under-sheriff

land in the bailiwick sufficient to answer the rolls, writs and other matters contained in the said guilty of a contempt of such court.

Queen and her people, and shall answer for list and account. (7.) Any proceeding in pursuance of this section

such bailiffs; and every such last-mentioned

bailiff shall make the like declaration as an (3) A sheriff shall not be called upon to make a against a sheriff, under-sheriff, or any other person under-sheriff ; return of any writ after the expiration of six months to whom this section applies shall be taken within from the date at which he ceases to hold his office. two years after the alleged offence was committed

(6.) The sheriff of the county within which such

franchise is situate shall within one month and not subsequently, and if the proceeding is in a Miscellaneous. summary manner shall be taken before the end of

after a request made in that behalf by such 29. Punishment for misconduct.]. (1.) If a person the sittings of the court held next after the offence

lord appoint some sufficient deputy at such being a sheriff, under-sheriff, bailiff, or officer of a was committed and not subsequently.

cost to be paid by the said lord, and to reside sheriff, whether within a franchise or without, does liable to be punished twice in respect of the same (8.) Nothing in this section shall render a person

at such convenient place in or near the franany of the following things, that is to say,

chise, as may be appointed from time to time (a.) conceals or procures the concealment of any person under this section for any offence the court

by the Lord High Chancellor of Great Britain offence, but if any proceeding is taken against a

and the Lord Chief Justice of England or one felon; or

of them ; (h.) refuses to arrest any felon in his bailiwick; direct any other available proceeding to be taken for or judge may postpone or stay such proceeding and

(c.) Every deputy so appointed shall reside at the (c.) lets go at large a prisoner who is not bailable, or punishing such offence.

said place, and, in the sheriff's name, shall (d.) is guilty of an offence against or breach of

receive and open, when tendered to him, all 30. Filing and exemption from duty of declaration writs, the execution or return of which bethe provisions of this Act,

of office.] (1.) Every declaration of office made under longs to the bailiff of the franchise, and shall, he shall (without prejudice to any other punishment this Act by a sheriff of a county or his under-sheriff under the provisions of this Act) be guilty of a

without delay, issue to the said bailiff under misdemeanor, and be liable on conviction to im- to the clerk of the peace for the county, and be by shall be exempt from stamp duty and be transmitted the seal of the sheriff, and in such manner and

form as the sheriff himself ought to do, the prisonment for a term not exceeding one year and him filed among the records of his office. to pay a fine, or if he has not wherewith to pay a

warrant required by law for the due execution (2.) For filing such declaration the clerk of the

of the said writs; fine, to imprisonment for a term not exceeding peace shall be entitled to demand and receive from (d.) The bailiff of the franchise and not the sheriff

such sheriff or umder-sheriff such fee as may be shall be liable for the non-execution, mis(2.) If any person being either a sheriff, under- from time to time fixed in pursuance of the enact execution, or insufficient return of any writs, sheriff, bailiff, or officer of a sheriff, or being ments relating to fees of clerks of the peace, and employed in levying or collecting debts due to the until any fee is so fixed a fee of five shillings.

or for any misconduct in the performance of Crown by process of any court, or being an officer

the said office or for any breach of the proto whom the return or execution of writs belongs,

visions of this Act; and any fine imposed on does

the bailiff of the franchise or his bailiff or

Application of Act in Special Cases. of the following things, that is to say-. any (a.) withholds a prisoner bailable after he has 31. Application of Act to

officer shall notwithstanding any grant be

Westmoreland and offered sufficient security; or Wales.] Save as otherwte expressly provided by

paid to the Crown; and (6.) takes or demands any money or reward under this or any other Act the law relating to sheriffs.

(e.) All the provisions of this Act (except as hereinany pretext whatever other than the fees or inclusive of this Act and of the law relating to the

after mentioned) and every such enactment in sums allowed by or in pursuance of this or election of members to serve in Parliament shall

any other Act as relates to the return of panels any other Act; or extend to the Counties Palatine, to the county of

or juries, or to the due execution of any writ, (c.) grants a warrant for the execution of Westmoreland and each county in Wales in the

or to the taking of fees, or to any extortion writ before he has actually received that England, and the respective sheriffs of the above

any
same manner in all respects as to other counties in

by sheriffs or their officers, or otherwise to writ; or

the office and duties of sheriffs or their officers (.) is guilty of any offence against or breach of duties, jurisdiction, and liabilities, as the sheriff of mentioned counties shall have the like powers,

shall, together with all the liabilities, punish. the provisions of this Act, or of any wrongful

ments, and forfeitures thereby imposed, extend act or neglect or default in the execution of any other county in England.

to such bailiff of the franchise and his bailiffs his office or of any contempt of any superior

and officers in like manner as if he and they 32. Application of Act to Cambridge and Hun. court;

were & sheriff or sheriff's bailiffs and officers; he and any person procuring the commission of any be appointed for the counties of Cambridge and tingdon.] One sheriff may continue as heretofore to

provided that the enactment as to the appointsuch offence shall, without prejudice to any other Huntingdon as if they were one county,

ment and duration of office of a sheriff shall not apply, and such bailiff of the franchise

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or

three years.

Solicitors' Journal,

Oct. 15, 1887.

relating to the

body corpurate in this Act referred to as the 12., The bailiff of a franchise shall either hold the

Solicitors, Tournal,]

50 & 51 VICT. CAP. LVI. 33. Saring for privileges of city of London es approval of election of sheriffs of Middlace o

and his bailiff shall be entitled to hold his (2.) This repeal shall not revive or restore any reward or favour where I may London.) (1.) Nothing in this Act sball afect to

office as long as he would have been entitled jurisdiction, office, duty, franchise, liberty, out great grievance to the deb privilege of the mayor, commonalty, and citizen s if this provision had not been enacted.

custom, privilege, practice, or procedure, or the city of London to elect the sheriff of Middie (f.) In the case of the non-return of a writ, if the

as well to poor as t) rich in all

other matter or thing not existing or in my office ; I will do no wrong and sheriffs of London.

sheriff returns that he has delivered the writ force; and
2.) Unless otherwise directed by order of Ba
to a bailiff of a franchise the sheriff shall be

gift reward or promise nor for

(3.) Every sheriff, under-sheriff, bailiff, and officer will disturb no man's right, Majesty in Council, warrants signifying the appro

ordered to execute the writ notwithstanding holding office at the passing of this Act shall faithfully acquit at the Exch bor Her Majesty of the election of the sherift

the said franchise; and further to cause the continue to hold such office, and be subject whom I shall receive any debe Middlesex and sheriffs of London shall be prepare

bailiff of such franchise to attend before the to be discharged therefrom in like manner, belonging to the Crown *for I under the seal of the Chancellor of the Excherz

High Court of Justice and answer why he did and shall have the same privileges, and be nothing whereby the Queen *[

not execute the said writ. at the central office of the Supreme Court of Judis

subject to the same duties and liabilities as ness) may lose or whereby he

if this Act had not passed ; and ture, which warrants may be delivered to the si 35. Duties of bailiffs of liberties and constables. ]

be disturbed injured or delayed heriffs or their duly authorised agents without le Every bailiff of a franchise within the meaning of

(4.) Any warrant, order, rules, or other matter or and truly serve all the Queen'

thing made in pursuance of any enactment the best of my skill and know on the thirtieth day of September or between that

the foregoing provisions of this Act, who in times past Hay and the twelfth day of November in every par has been used or ought by himself or a bailiff to

hereby repealed shall continue and be of the

no bailiffs into my servloe but 87 and an entry of the grant of such warrants shala attend upon justices of assize or of gaol delivery and

same effect as if made in pursuance of this for ;]t I will truly set and ret

Act; and made on the roll of the court, and unless such a justices of the peace at large in any county shall

due issues of them that be w Fant be stayed by order of Her Majesty in Contai continue so to attend and execute all writs directed

(5.) Any fees or poundage authorised to be taken according to their estate and on or before the said thirtieth day of September, the to him for the administration of justice in such

by or in pursuance of any enactment hereby make due pannels of persons ab Election of such sheriff or sheriffs shall be deemed franchise, and shall give his attendance upon and

repealed may continue to be taken until not suspected or procured as i assistance to the sheriff at all courts of gaol delivery

altered in pursuance of this Act.

statutes of this realm ; [I have -be approved by Her Majesty.

from time to time for the execution of prisoners. 40. Saving for courts leet, &c.] (1.) Notwithstand farm, nor contracted for, nor 3. All warrants and docume

ing the repeal of any enactment by this Act every promised for reward or benefit, u sheriff or sheriffs which heretofore have been 36. Application of Act to sheriffs of counties of court leet, court baron, law day, view of frank- to farm nor contract for or grant led and recorded in the central office of the cities and counties of towns.] (1.) The sheriff of a pledge, or other like court which is held at the pass by myself or any other person fo Fipreme Court of Judicature shall continue to be 9 county of a city or a county of a town other than ing of this Act shall continue to be held on the days directly or indirectly my sherifi led and recorded.

London shall continue to be appointed in manner and in the places heretofore accustomed, but shåll wick thereof or any office belo 4. Save as aforesaid and save as regards

provided by the Municipal Corporations Act, 1882 not have any larger powers, nor shall any larger the profits of the same to any maintenance of men servants and the duration de

(45 & 46 Vict. c. 50), and shall hold office for the fees be taken thereat than heretotore, and any in whatsoever ;][ I will truly and whice, this Act shall apply to the sheriff of Middleser

term in that Act mentioned, and in the event of the dictment or presentment found at such court shall the good laws and statutes of thi nd sheriffs of London in like manner as to say death or incapacity of a sheriff so appointed, the be dealt with in like manner as heretofore.

things well and truly behave m council of the said city or town shall forth with apther sheriff

(2.) Where any enactment repealed by this Act for the honour of the Queen point another fit person to execute the office;

applied to any coroner, escheator, or other officer, he Highness) and the good of 31. Application of Acts to franchises.] Where ! (2) A person may be appointed to be such sheriff shall continue to be governed by such enactment in discharge the same according to -rd of a franchise or any other person or body if he have sufficient property, whether of land or like manner as if it had not been repealed; Provided skill and power. orporate has in any franchise, that is to say, any

personalty, to answer the Queen and her people; that any enactment of this Act which is substituted

di E»rty, hundred, franchise, or other part (3.) Every such sheriff shall perform the same regards a sheriff or sheriff's officer for the enact- FORM OF DECLARATION FOR Bar unty, the return or execution of writs, or any duties as heretofore, and may receive such fees and ment so repealed, shall apply to such coroner,

OFFICER OF SHERIFF [SE hut of the privileges or duties of a sherif, be

remuneration out of the borough fund or other ac- escheator, or officer, in lieu of the enactment so

customed fund as have heretofore been accustomed ; Hlowing provisions shall apply to such lord, person,

repealed.

I, A.B., do hereby solemnly an (4.) Save as aforesaid this Act shall apply to a

that I will not use or exercise the

SCHEDULES. Wiff of a franchise) that is to say, sheriff of a county of a city or a county of a town in

corruptly during the like manner, as nearly as may be, as it applies to the

THE FIRST SCHEDULE.

remain therein, neither shall no office himself, or shall put in bailiffs baring sheriff of a county, and any jurisdiction by this Act

FORM OF WARRANT APPOINTING SHERIFF,

ceive, or take by any colour, mean vested in the justices in general or quarter sessions

[Section 6 (2)].

soever, or consent to the taking may be exercised, so far as regards constables, by

fee or reward of any person or p At the Court at

the

day of the council, and so far as regards other matters, by

present the Queen's most Excellent tales in any court of record for the

empannelling or returning of any the recorder of the said city or town.

Majesty in Council.
under.sheriff';
37. Saving for Duchy of Cornwall.] Nothing in To A.B., of

party and party above such fees as this Act shall be prejudicial to the rights of the

Whereas Her Majesty was this day pleased, by the same by law, but will accordi Crown in right of the Duchy of Cornwall, or to the and with the advice of Her Privy Council, to noml. truly and Indifferently with conv Duke of Cornwall when there is a Duke of Cornwall. nate you for and appoint you to be sheriff of the pannel all juries and return all suo

during Her Majesty's

the same as shall appertain to be Definitions and Repeal.

or office during the time that I shal pleasure:

said office.
38. Definitions.] In this Act unless the context These are therefore to require you to take the
otherwise requires —

custody and charge of the said county, and duly to
The expression “the Treasury” means the Com- perform the duties of sheriff thereof during Her THE THIRD SCHEDULE [E
missioners of Her Majesty's Treasury.

Majesty's pleasure, whereof you are duly to answer [This Schedule contains a long la The expression “county means a county at according to law.

ments repealed, the provisions bei of them; large, and does not include a county of a city or a Dated this

In the Act.]
county of a town.

By Her Majesty's command.
The expression “writ” includes any process.

CAP. LVI.
The expression “ quarter sessions includes
general sessions.

THE SECOND SCHEDULE.

An Act to amend the Friendly
DECLARATION OF SHERIFF AND UNDER SHERIFF,

1875.
39. Repeal.—The Acts specified in the Third
Schedule to this Act are hereby repealed to the

[Sections 7 (1), 23 (3)]

Be it enacted, &c. : extent in the third column of the said Schedule I, A B., of

in the county of

1. Short title and construction.] (1. mentioned :

solemnly declare that I wlll well Provided that

and truly serve the Queen's Majesty *[and also be cited as the Friendly Societies Ad (1.) This repeal shall not affect,-.

(2.) This Act, and the Friendly his Royal Higbness Duke of Cornwall] in the (a.) anything duly done or suffered under

sheriff office of

of the county of any enactment hereby repealed; or

under-sheriff)

* The words within brackets to be (6.) any right acquired, or obligation or

and promote Her Majesty's *[and his of the Duchy of Cornwall,

+ In the case of under-sheriffs, o liability incurred under any enactment Royal Highness's] profit in all things that belong to hereby repealed ; or my office as far as legally can or may; I will between brackets.

| In the case of under-sheriffs, or (e.) the right of any city or borough under truly preserve the Queen's rights *[and the rights any charter; or

of his Royal Highness) and all that belongeth to between brackets, and say : ["I har (2.) any such power, right, privilege, obliga- the Crown *[or Duchy of Cornwall]; I will not purchased or taken to farm or conta

tion, liability, or duty of any sheriffor assent to decrease, lessen, or conceal the rights of have I promised or given any con officer of a sheriff as exists by common the Queen or of her franchises *[or the rights of will I buy purchase or take to far law at the passing of this Act; or His Royal Highness, or of his franchises); and for promise or give any considera

ever by myself or any other person for (e.) any penalty or punishment incurred in whenever I shall have knowledge that the rights of

respect of any offence committed the Crown *for Duchy) are concealed or withdrawn use directly or indirectly to any person against any enactment hereby repealed; in any matter or thing I will do my utmost to make for the office of under sheriff of the co

which I am now to enter up them be restored to the Crown *for Duoby] again ;

nor for the profits of the same nor for (f.) any legal proceeding or remedy in and If I may pot do it myself I will inform the

respect of any such right, obligation, Queen *[or his Royal Highness] or some of Her thereof or any other place or office bel liability, power, right, privilege, duty Majesty's judges thereof; I will not respite or nnto; I have not sold nor contracted penalty or punishment as aforesaid; delay to levy the Queen's debts for any gift promise farm, nor have I granted or promised

benefit by myself or any other person and any such legal proceeding and remedy may be carried on and had as * The words witbin brackets to be added in case of my use directly or indirectly any baile if this Act had not been passed; and

the Duchy of Cornwall,

or any other place or office belonging

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land in the baili wick sufficient to answer the Queen and her people, and shall answer far such bailiffs ; and every such last-mentered bailiff shall make the like declaration as an

county of

The sheriff of the counts within which such franchise is situate shall within one month after a request made in that behalf by such lord appoint some sufficient deputy at such cost to be paid by the said lord, and to reside at such convenient place in or near the frais chise, as may be appointed from time to time by the Lord High Chancellor of Great Britain and the Lord Chief Justice of England or one

day of

[16th Š.

2

Every deputy so appointed shall reside at the

said place, and, in the sheriff's name, shall receive and open, when tendered to him, all writs, the execution or return of which be longs to the bailiff of the franchise, and shall, without delay, issue to the said bailiff under the seal of the sheriff, and in such manner and form as the sheriff himself ought to do, the warrant required by law for the due execution of the said writs; The bailiff of the franchise and not the sheriff skall be liable for the non-execation, mis + Xecution, or insufficient return of any write, or for any misconduct in the performance of the said office or for any breach of the proVisions

this Act; and any fine imposed on the bailiff of the franchise' or his bailiff ar otticer shall notwithstanding any grant be paid to the Crown, and All the provisions of this Act (except as bereinaties mentioned) and every such enactment is any other Act as relates to the return of panels or juries, or to the due execution of any price or to the taking of fees, or to any extortas by sheriffs or their officers, or otherwise to che office and duties of sheriffs or their officers shall, together with all the liabilities, punisko ments, and forfeitures thereby imposed, estes o such bailiff of the franchise and his balit nd officers in like manner as if he and the

ere x sheriff or sheriff's bailifs and officers Torided that the enactment as to the appoint

or

went and duration of office of a sharif stad ot appls, and such bailiff of the franchise

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80 provide, for the use and benefit either of the Provided that the like appeal eball lie from the place of business of the society or company."

1875, may be cited together as the Friendly Socie. member of the society or branch authorised by the 29A. Conversion of registered societies into branches.] ties Acta.

central body, or in any case on the complaint of With respect to the conversion of registered socie(3.) The Friendly Societies Act, 1875, is herein. any member of the society or branch authorised by ties into branches, the following provisions shall after referred to as the principal Act. the central office.”

have effect : 2. Amendment of 38 & 39 Vict. c. 60, 8. 4.] In 7. Interpretation of 38 & 39 Vict. c. 60, s. 22.] (1.) A society registered before the first day of section four of the principal Act, after the definition Section twenty-two of the principal Act Includes

January one thousand eight hundred and of " branch," there shall be inserted as a separate and applies to every dispute between any registered seventy-six may, by a resolution passed by paragraph :branch under the Friendly Societies Aots, or an

three-fourths of the members or delegates “Society' extends to a registered branch in sub- officer thereof, of any registered society or registered

present and entitled to vote at any general sections (5) and (6) of section 13, sub-sections (2), branch and the registered society or branch of

meeting, of which notice specifying the in(3), and (4) of section 14, sub-sections (1) to (7) both which the other party to the dispute is a registered

tention to propose such resolution has been included, (9) and (10) of section 15. sub-sections branch, or any officer thereof, or between any two

duly given according to the rules, determine (1), (6), (7), (9), and (10), of section 16, sections 17, or more registered branches of any registered

to become a branch under the Friendly 19, and 20, sub-sections (2) and (4) of section 21, society or branch, or any officers thereof respectively,

Societies Acts of any other registered Boclety, sections 22, 26, 28, 30, 31, 32, and 33 of this Act. and there shall be inserted after the word "thereof" and also, if thought fit, of any registered branch At the end of the same section there shall be in the third line of the said section the words "or

thereof; and if the rules of such society do added as a new paragraph :

between any registered branch under the Friendly not comply with all the provisions of this “The term "Treasury regulations' means any Societies Acts, or an officer thereof, of any registered

Act and of the Treasury regulations in respect regulations made and approved by the Treasury society or registered branch and the registered

of the registry of branches, the meeting at and for the time being in force under and by virtue society or branch of which the other party to the

which such resolation is passed may amend of this Act."

dispute is a registered branch, or an officer thereof such rules so as to bring the same in compli. 3. Amendment of 38 d: 39 Vict. c. 60, s. 11, as to or between any two or more registered branches of ance with this Act and with the Treasury

regulations. name of society.] In sub-section three of section

any registered society or branch, or any officers
thereof respectively."

(2.) A copy of the rules of such first-mentioned eleven of the principal Act the words "nature or

society marked to show the amendments, if Its” shall be inserted before the word “identity." 8. Amendment of 38 g 39 Vict. c. 60, 8. 23.) (1.) any, made at such meeting, and two copies 4. Amendment of 38 g 39 Vict. c. 60, 8 14.] (1.) Aof the word “either” shall be omitted, and after

In proviso (c.) to section twenty-three of the principal of such resolution as aforesaid, and of such In sub-section one (f.) of section fourteen of the

amendment of rules, if any, each signed by the word “society" there shall be inserted the principal Act the words "every five years" shall

the chairman of the meeting, and by the bo substituted for the words beginning with "the following words :

secretary of the society so determining to or by the members or officers, or former members five years" and ending with "under this Act."

become a branch of any other society, and (2) At the end of sub-section one (h.) of the same

or officers, of the society in such proportions," countersigned by the secretary of such other section there shall be added : “Provided that it (2) In proviso (d.) to the same section after the

society, shall be sent to the registrar, and if word

words

shall " the following sball be deemed a sufficient compliance with this

shall be

the registrar finds that such rules, with or inserted : requirement if the society supplies gratuitously

without such amendment as aforesaid, comevery member or person interested with a balance"apply to every society to whloh section thirty

ply with the provisions of this Act and of the sheet or other document, duly audited, containing of this Act applies, other than an industrial

Treasury regulations, he shall cancel the the same particulars as to the receipts and expendi. assurance company, but save as aforesaid sball."

registry of such first-mentioned society and ture, funds, and effects of the society as are con 9. Amendments of 38 & 39 Vict c. 60, 8. 25.] (1.)

register the same as a branch of such other tained in the annual return." In sub-section ode (c.) of section twenty-five of the

society, and also, if so specified in the reso(3.) To sub-section one of the same section shall principal Act the word "society" shall be omitted

Jution before mentioned, of any branch of be added the following paragraph, namely :after the word “branch."

such other society, without further request This sub-section shall apply to a registered branch (2.) Amendment of 38 of 39 Vict. c. 60,8 25, as to

or notice, and shall reglater such amendment of a society as if it were a registered society, except punishment of certain offences.] In sub-section seven

of rules without further application or evi. that every potice, copy of a revolution, and appual(c.) of the same section there shall be added after

dence, and until such registry such resolution return required by this sub-section to be sent to the the words “ be liable " the words “either to such

as aforesaid shall pot take effect. registrar, shall be sent through an officer appointed penalty as is by section thirty-two (sub-section two)

(3.) No advertisement of any cancelling of registry in that behalf by the society of which the branch of this Act imposed for an offence under this Act

under this Act shall be requisite. forms part.

(4.) The rules of a society which becomes a (4.) To sub-section two of the same section the (3.) In sub-section eight (d.) of the same section

branch under this section shall, so far as the following words shall be added :-"This sub section the words "or the last preceding” shall be

same are not contrary to any express provi. shall not apply to deaths at sea." omitted.

sion of this Act or of the 'i'reasury regula(5.) In sub-section three of the same section the (4.) In sub-section nine of the same section after

tions, and subject to any amendment thereof words “or any officer or member thereof” shall be the word “shall " the following words shall be

as herein before provided, continue in force inserted after the words “any registered society," added :

as the rules of such branch until amended. and the words “officer or person," after the words "the society."

"apply to every society to which section thirty other societies.] Nothing in this Act contained shall

29B. Registered societies may contribute to funds of

of this Act applies, other than an industrial prevent any registered society or branch from.com 5. Amendment of 38 & 39 Vict. c. 60, s. 15.] (1.) In section fifteen, sub-section (3), of the priocipal solution.] At the end of the same section there shall

(5.) Notice of proceedings or order to set aside dis. tributing to the funds or taking part by delegates

or otherwise in the government of any other regis101, after the words “not being an officer or ser. be added as a fresh sub-section :

tered society or registered branch of a society, as unleas such officer or servant is the husband, proceeding to set aside the dissolution of a society the Frendig Societies Acts of such other society

*** Notice shall be sent to the central office of any society or branch, without becoming a branch noder

may be provided in the rules of such first-named wife, father, mother, child, brother, sister, nephew, or niece of the nominator," and in sub-section (6) of menced, by the person taking such proceeding, and or branch, not less than seven days before it is com

or branch. the said section, for the words absent from Eog; of any order setting a dissolution aside, by the branches.] The acknowledgment of the registers of a

29C. Forms of acknowledgment of registry for the words "absent from Great Britain or Ireland society or branch, within seven days after such branch, and of any mendment of the rules of respectively."

branch, shall be in the forms provided in the Fifth (2.) In the proviso (a.) to sub-section eight of the 10. Amendment of 38 & 39 Vict. c. 60, 8. 29, as to Schedule to this Act. same section the words "twenty.one" shall be sub registration of branches.] To section twenty-nine of stituted for the word "sixteen." the principal Act shall be added the following sub

12. Amendment of 38 & 39 Vict. c. 60, s. 30.] 6. Amendment of 38 & 39 Vict. c. 60, s. 16.] (1.) section :

The following paragraph shall be substituted for the In sub-section two of section sixteen of the principal

(7.) A registered branch shall not be registered Act :

first paragraph of section thirty of the principal Act, the words "In every county where it has an

as a society except on production to the office” shall be omitted,

registrar of a certificate under the hand of societies, whether registered or unregistered, und

" This section applies only to such friendly (2) In sub-section three of the same section for

the chief secretary or other principal officer industrial assurance companies as receive contributhe words " in the trustees of such branch, or in

of the society that the branch has wholly tions by means of collectors at a greater distance the trustees of the society if the rules of the society

seceded, or has been expelled from the
society.

than ten miles from the registered office or principal following words “wholly or partly in the trustees

13. Additional provision as to fees.] After secof such branch or of any other branch of which the

officer of the society, or his omission after one same forms part (or, if the rules of the society so

month from the receipt of a request in writing shall be added as a separate section, and shall be provide, in the trustees of the society), for the use made on behalf of a branch to grant such a certiti

numbered 36A :and benefit either of the members of any such rate, as from the refusal of the registrar to register births or deaths. Whenever application is made ne

36a. Amendment in fees payable on certificates of brancb." (3) In sub-section nine of the same section for 11. Additional provisions as to registered societies,

one time to any registrar or other person having the

care of any register of births or deaths for more stituted the following words, or in the case of a

tnore shall be added the following sections, which the purposes of and in the manner prescribed by gociety of which the branch forms part, or of any

eight, sub-section three, of this Act, the sum charged

or."

29C :

day of

ety do

the debtor's business, or authorising the veniently may be after the presentation of a deed person shall be entitled to have an office copy of,

for every such certificate other than the first shall 16. Addition of schedule to principal Act.] The

SCHEDULES.
not exceed sixpence ; and whenever the registrar or First Schedule to this Act shall be added to the
other person having the care of theregister is required principal Act as Schedule V.

FIRST SCHEDULE.
by the person applying for any certificate of birth

To be added as Schedule V. to the Friendly Societies or death to fill up the form of application, he may 17. Repeal.] The Acts set forth in the Second

Act, 1875.) demand a sum not exceeding threepence for so

Schedule to this Act are hereby repealed to the ACKNOWLEDGMENT OF REGISTRY OF BRANCH,
doing.
extent mentioned in the third column of the said

The
14. Amendment of Sch. 11. of principal Act as to
schedule, without prejudice to anything done of the

is registered as a branch thereunder.

society [and of the branch legate rules.] In paragraph four of Schedule II. of the

of the same] under the Friendly Societies Act, 1875, general principal Act (relating to the appointment and

this

18. Construction and printing of principal Act.] removal of a committee of management and to other (1.) The principal Act shall, as from the passing of

[Seal of central office or signature of assistant matters), after the word "composition " the words this Act, take effect subject to the additions,

registrar for Scotland or Ireland.] " and powers” shall be added. omissions, and substitutions required by this Act.

ACKNOWLEDGMENT OF REGISTRY OF AMENDMENT lendly 15. Correction of misprint in Sch. II of principal (2.) Any copy of the principal Act printed after

OF BRANCH RULES. Act.] Io Schedule II. to the principal Act the the passing of this Act by any of the several printers The foregoing amendment of the branch rules of provision marked 5 and beginning with the words to the Queen's most Excellent Majesty duly the

is registered under the Friendly "the right of one fifth " shall be read as if, instead authorised to print the Statutes of the United Societies Act, 1875, this

day of of the words “five thousand,” there were inserted Kingdom may be printed with the additions, [ Seal of central office or signature of assistant therein the words "ten thousand." omissions, and substitutions required by this Act.

registrar for Scotland or Ireland.] cing af ompli

SECOND SCHEDULE.

ACTS REPEALED.
EUS
Sission and Chepter,
Title.

Extent of Repeal.
сора
38 & 39 Vict. c. 60 The Friendly Societies Act, 1875

So much of section fourteen and of Schedule II. as relates to sending to ed by

the registrar every five years a return, to be called a quinquennial

return, of the slokness and mortality experienced by the society, or 39 & 40 Vict. o. 32

as relates to such return, The Friendly Societies Amendment Act, 1876

The whole Act. 42 Vict. c. 9

An Act to declare the true meaning of section thirty of The whole Act.

the Friendly Societies Act, 1875
45 & 46 Vict. c. 35 The Friendly Societies (Quinquennial Returns) Act, 1882 : The whole Act.
48 & 49 Vict. c. 27 The Friendly Societies Amendment Act, 1885

The whole Act.
CAP. LVII.

seven clear days after the time at whicb it would, the deed, and of the composition in the pound
An Act to provide for the Registration of Deeds in the ordinary course of post, arrive in England or payable thereunder :
of Arrangement.
[16th September 1887. Ireland respectively, if posted within one week (a.) The date of registration :

after the execution thereof, and unless the same (e.) The amount of property and liabilities in. Be it enacted, &c. :

shall bear such ordinary and ad valorem stamp as cluded under the deed, as estimated by the 1. Short title.] This Act may be cited for all is under this Act provided.

debtor.
purposes as the Deeds of Arrangement Act, 1887. 6. Mode of registration.] The registration of a 8. Registrar and office for registration.] (1.) Tbe

2. Extent of Act.] This Act shall not extend to Deed of Arrangement under this Act shall be Registrar of Bills of Sale in England and Ireland
Scotland.
effected in the following manner :-

respectively shall be the registrar for the purposes 3. Commencement of Act.] This Act shall,

(1.) A true copy of the deed, and of every of this Act. except as in this Act specially provided, come into

schedule or inventory thereto annexed, or

(2) In Eogland the Bills of Sale Department of operation on the first day of January one thousand

therein referred to, ahall be pregented to and the Central Office of the Supreme Court of Judicaeight hundred and eighty-eight, which date is in

filed with the registrar within seven clear ture, and in Ireland the Bills of Sale Office of the this Act referred to as the commencement of this

days after the execution of the said deed (in Queen's Bench Division of the High Court of Justice, Act.

like manner as a bill of sale given by way of shall be the office for the registration of Deeds of

security for the payment of money is now Arrangement.
4. Application of Act.] (1.) This Act shall required to be filed), together with an affida-
apply to every Deed of Arrangement, as defined in

9. Rectification of register.] The Court or a Judge

vit verifying the time of execution, and conthis section, made after the commencement of this

talning a description of the residence and upon being satisfied that the omission to register a Act.

occupation of the debtor, and of the place of this Act or that the omission or mis statement of (2.) A Deed of Arrangement to wbich this Act

places where his business is carried on, and the name, residence, or description of any person applies shall include any of the following instru an affidavit by the debtor stating the total ments, whether under seal or not, made by, for, or

was accidental or due to inadvertence, or to some

estimated amount of property and liabili. in respect of the affairs of a debtor for the benefit of ties included under the deed, the total impatable to any negligence on his part, may on

cause beyond the control of the debtor and not his creditors generally (otherwise than in pursuance

amount of the composition (if any) payable the application of any party interested, and on such of the law for the time being in force relating to

thereunder, and the names and addresses of terms and conditions as are just and expedient, bankruptcy), that is to say :

his creditors; (a.) An assignment of property ;

(2.) No deed shall be registered under this Act extend the time for such registration, or order such (6.) A deed of or agreement for a composition ;

omission or mis-statement to be supplied or rectified

unless the original of such deed, duly stamped by the insertion in the register of the true name, And in cases where creditors of a debtor obtain any with the proper inland revenue duty, and in control over his property or business :

residence, or description,

addition to such duty a stamp denoting, a (c) A deed of inspectorship entered into for the duty computed at the rate of one shilling for 10. Time for registration.] When the time for

purpose of carrying on or winding up a every hundred pounds or fraction of a hun- registering & Deed of Arrangement expires on a business;

dred pounds of the sworn value of the prop- Sunday, or other day on which the registration (d.) A letter of licence authorising the debtor or erty passing, or (where no property passes office is closed, the registration shall be valid if

any other person to manage, carry on, realise, under the deed) the amount of composition made on the next following day on which the office
or dispose of a business, with a view to the payable under the deed, is produced to the is open.
payment of debts; and

11.
(e.) Any agreement or instrument entered into
for the purpose of carrying on or winding up register wherein shall be entered, as soon as con;
7. Form of register.] The registrar shall keep a this Act, and to any rules made thereunder, any

or extract from, any deed registered under this Act debtor or any other person to manage, carry on, realise, or dispose of the debtor's busi for registration, an abstract of the contents of every upon paying for the same at the like rate as for ness, with a view to the payment of This Deed of Arrangement registered under this Act office coples of judgments of the High Court of debts.

containing the following and any other prescribed Justice, and any copy or extract purporting to be particulars :

an office copy or extract shall, in all courts and 5. Avoidance of unregistered deeds of arrange (a) The date of the deed :

before all arbitrators or other persons, be admitted ment.] From and alter the commencement of this (6.) The name, address, and description of the as primâ facie evidence thereof, and of the fact and Act a Deed of Arrangement to which this Act debtor, and the place or places where his

date of registration as shown thereon. applies shall be void unless the same shall have business is carried on, and the title of the been registered under this Act within seven clear firm or firms under which the debtor carries 12. Inspection of register and registered deids.) (1) days after the first execution thereof by the debtor on business, and the name and address of the Any person shall be entitled, at all reasonable times, or any creditor, or if it is executed in any place out trustee (if any) under the deed :

to search the register on payment of one shilling, or of England or Ireland respectively, then within (c.) A short statement of the nature and effect of such other fee as may be prescribed, and subject to

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such regulations as may be prescribed, and shall be 19. Interpretation of terms.] In this Act, unless Board shall have the same powers as an inspector entitled, at all reasonable times, to inspect, examine, the context otherwise requires, —

of the Local Government Board has on holding a and make extracts from any registered Deed of “Court or a judge means the High Court of local inquiry under the Public Health Act, 1875. Arrangement, without being required to make a Justice and any judge thereof;

4. Staff and remuneration ] (1.) The Boundary wiitten application or to specify any particulars in “Creditors generally 'lacludes all creditors who reference thereto, upon payment of one shilling, or may assent or take the benefit of a Deed of Commissioners_may from time to time, with the

assent of the Treasury as to number, appoint a such other fee as may be prescribed, for each Deed Arrangement; of Arrangement inspected.

“Person" includes a body of persons corporate secretary and such persons as they think fit to

be Assistant Commissioners, and appoint or employ (2.) Provided that the said extracts shall be or unincorporate ; limited to the dates of execution and of registra. "Prescribed means prescribed by rules to be such number of other officers and persons as they

may think necessary for the purpose of the tiọp, the names, addresses, and descriptions of the made under this Act;

execution of their duties under this Act, and may debtor and of the parties to the deed, a short state. Property " has the same meaning as the same ment of the nature and effect of the deed, and any expression has in the Bankruptoy Act, 1883 ;

remove any person so appointed or employed. other prescribed particulars.

"Rules" includes forms.

(2.) There shall be paid to the secretary, and to

any assistant commissioner, officer, or person 13. Local registration of copy of deeds.) (1.) When

appointed or employed under this Act such salaries the place of business or residence of the debtor who

CAP. LX.

or other remuneration as the Treasury may assign, is one of the parties to a deed of arrangement, or An Act to amend the Prison Officers' Superan- and that remuneration and all expenses of the who is referred to therein, is situate in some place outside the London Bankruptcy District, as defined

nuation) Act, 1878, as to Scotland.

Boundary Commissioners incurred with the sancby the Bankruptcy Act, 1883, the registrar shall,

tion of the Treasury in the execution of this Act [16th September 1887.

shall be paid out of moneys provided by Parliament. within three clear days after registration, and in accordance with the prescribed directions, transmit

CAP. LXI.

5. Duration of powers.] The powers of the Bouna copy of such deed to the registrar of the county An Act for appointing Commissioners to inquire liament, cease on the last day of December, one

dary Commissioners shall, unless continued by Par. court in the district of which such place of business or residence is situate.

and report as to the Boundaries of certain thousand eight hundred and eighty-eight. (2.) Every copy so transmitted shall be filed,

Areas of Local Government in England. kept, and indexed by the registrar of the county

[16th September 1887. 6. Exclusion of metropolis.] This Act shall not court in the prescribed manner, and) any person

Be it enacted, &c. :

apply to the metropolis, that is to say, to the may search, inspect, make extracts from, and obtain 1. Short til'e.]

parishes and places in which the Metropolitan copies of, the registered copy, in the like manner Local Government (Boundaries) Act, 1887.

This Act may be clted as the Board of Works have power to lovy the metroand upon the like terms, as to payment or other

politan consolidated rate. wise, as pear as may be, as in the case of deeds

2. Constitution of Boundary Commission.] (1.) The

7. Definitions.] In this Act, registered under this Act. following persons, that is to say,

The expression “county" does not include a (3.) This section shall not apply to Ireland.

The Right Honourable Earl Brownlow, the
Honourable Edmond George Petty-Fitzmaurice,

county of a city or a county of a town, but 14. Afidavit 8.] Every affidavit required by or for commonly called Lord Edmond Fitzmaurice, the

includes any riding, division, or parts of a the purposes of this Act may be sworn before a Right Honourable Baron Basing, the Right Honour

county having a separate court of quarter Master of the Supreme Court of Judicature in able Sir Henry John Selwin-Ibbetson, Baronet,

sessions. England or Ireland, or before any person em

The expression “the Treasury" means the Com. powered to

M.P., and the Right Honourable John Tomlinson affidavits in the Supreme Courts Hibbert, of whom not less than three shall be a

missioners of Her Majesty's Treasury. of Judicature of England or Ireland.

quorum, shall be appointed Boundary Commis. 15. Fees.] (1.) There shall be taken, in respect sioners for England and Wales, and they shall

CAP. LXII. of the registration of Deeds of Arrangement, and immediately after the passing of this Act proceed, An Act to amend in certain minor particulars in respect of any office copies or extracts, or official by themselves or by Assistant Commissioners

some of the Enactments relating to Merchant searches made by the registrar, such fees as may appointed by them, to inquire, with respect to each

Shipping and Seamen. [16th September 1887. be from time to time prescribed ; and nothing in county in England and Wales : tbis Act contained shall make it obligatory on the

(a.) As to the best mode of eo adjusting the

Be it enacted, &o, : registrar to do, or permit to be done, any act in

boundaries of the county and of other areas 1. Short tille and construction ] (1.) This Act respect of which any fee is specified or prescribed, of local government as to arrange that no may be cited as the Merchant shipping (Miecel except on payment of such fee.

union, borough, sanitary district, or parish laneous) Act, 1887. (2.) The twenty-sixth section of the Supreme

shall be situate in more than one county, and (2) This Act shall be construed as one with the Court of Judicature Act, 1875 (38 & 39 Vict. c. 77, (6.) As to the best mode of dealing with parts of Merchant Shipping Act, 1854, and the Acts amend: £. 26), as regards Eogland, and the eighty-fourth the county which are wholly or nearly ing the same, and this Act and those Acts may be section of the Supreme Court of Judicature Act

detached from the county, and

cited collectively as the Merchant Shipping Acts, (Ireland), 1877, as regards Ireland, and any enact

(c.) As to the best mode of dealing with the cases 1854 to 1887. ments for the time being in force amending or sub.

where a borough is not an urban sanitary stituted for those sections respectively shall apply

district and is wholly or partly comprised in

2. Fees on examinations of engineers to be paid to to fees under this Act, and orders under those

an urban sanitary district, and

Mercantile Marine Fund.) Whereas by section sections may, if need be, be made in relation to (d.) As to any alteration of boundaries, combina

seven of the Merchant Shipping Act Amendment such fees accordingly.

tion of areas, or administrative arrangements Act, 1862 [25 & 26 Vict. c. 63, 8. 7], it is provided 16. Amendment of 46 f. 47 Vict. c. 52, s. 28.] (1.)

incidental to or consequential on any altera

that the fees payable by applicants for examination The third subsection, paragraph (g.) of the twenty:

tion which they may recommend in the

for certificates of competency as engineers shall be boundaries of any county, union, bɔrɔugh, fund, and at the time of the passing of that, Act

carried to the account of the Mercantile Marine eighth section of the Bankruptcy Act, 1883, which enacts amongst other things that one of the facts on

sanitary district, or parish. proof of which the court sball either refuse an order Boundary Commissioners shall have due regard to

(2.) In making their recommendations the the salaries of the surveyors by whom the examinaof discharge to a bankrupt, or suspend the operation financial and administrative considerations.

tions are conducted were paid out of the Mercantile

Marine Fund : of the order for a specified time, or grant the bank.

(3.) The Boundary Commissioners shall with all

And whereas by section thirty-nine of the Merrupt an order of discharge subject to the conditions mentioned in the section, is that the bankrupt has practicable despatch report to the Local Govern. shant Shipping Act, 1876 [39 & 40 Vict. c. 80, 8, on any previous occasion made a statutory composition or arrangement with his creditors, shall be referred to them, and their report shall be laid surveyors should be paid out of moneys provided read and construed with the word "statutory before Parliament.

by Parliament, and by section four of the Merchant omitted therefrom,

(4.) If a vacancy occurs in the office of any of the Shipping (Fees and Expenses) Act, 1880 [43 & 44 (2.) This section shall not apply to Ireland.

Boundary Commissioners by reason of death, resig. Vict. c. 22, 8. 4), it was provided that the fees paid 17. Saving as to Bankruptcy Acts.] Nothing con.

pation, incapacity, or otherwise, it shall be lawful by the said applicants for examination for certififor Her Majesty the Queen, under Her Royal Sign into the Exchequer

cates of competency as engineers should be paid tained in this Act shall be construed to repeal or Manual, to appoint some other person to fill the shall affect ady, provision of the law for the time vacancy, and so from time to time as often as

And whereas under section three of the Merchant being in force in relation to bankruptcy, or shall occasion requires.

Shipping (Expenses) Act, 1882 [45 & 46 Vict. c. 55, give validity to any deed or instrument which by

g. 3], the salaries of the said surveyors are charged law is an act of bankruptcy, or void or voidable.

3. Dutics and powers of Commissioners.] (1.) The on and paid out of the Mercantile Marine Fund, and 16. Rules.] (1.) Rules for carrying this Act into their Assistant Commissioners, shall, by localinquiry cants for examination should be carried to the

Boundary Commissioners, by the meelves or by it is expedient that the fees paid by the said applia effect may be made, revoked, and altered from time and sach other means as the Commissioners think account of the Mercantile Marine Fand; be it to time by the like persons and in the like manner necessary, possess themselves of such information therefore enacted as follows: in which rules may be made under and for the pur as will enable them to report under this Act. poses of the Supreme Court of Judicature Act,

The fees payable in pursuance of section geven of (2.) The Boundary Commissioners may, with the 1873 to 1884, as regards England, and the Supreme consent of the Local Government Board, associate

the Merchant Shipping Act Amendment Act, c'ourt of Judicatara Act (Ireland), 1877 [40 & 41 any inspector of the Local Government Board with

1862, shall cease to be payable into the ExVict. c. 57), as regards Ireland, an Assistant Boundary Commissioner.

chequer, and all such of those fees as have been (2.) Such rules as may be required for the pur.

levied since the first day of April one thousand (3.) On holdiog any loquiry in pursuance of this poses of this Act may be made at any time after the Act, any Boundary Commissioner, assistant com

eight hundred and eighty-three, or are here: j assing of this Act. missioner, or inspector of the Local Government

after levied, shall be carried to the account of the Mercantile Marine Fund.

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