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or any other office or place appertaining to the office of sheriff, nor contract for, promise, or grant for any valuable consideration whatever any such office or place, nor give, promise, or receive any valuable consideration whatever for any such office or place.

(2.) Any person who acts in contravention of this section, not being an under-sheriff, deputy-sheriff, bailiff or officer of a sheriff, shall be liable to the same punishment as if he were an under-sheriff, deputy-sheriff, bailiff, or officer.

(3.) Provided that this section shall not prevent the sheriff or under-sheriff from demanding and taking the lawful fees and perquisites of the office of sheriff or of any place or employment belonging thereto, nor from taking security for duly answering for the same, and shall not prevent any officer of a sheriff from accounting to the sheriff for the fees and perquisites received by him in respect of his office, nor from giving security so to account, and shall not prevent a sheriff from giving nor an officer from receiving a salary or remuneration for the

execution of his office.

Outgoing Sheriff.

28. Outgoing sheriff to turn over prisoners and process to incoming sheriff.] (1.) Every sheriff shall at the expiration of his term of office make out and deliver to the incoming sheriff a correct list and account under his hand of all prisoners in his custody and of all rolls and writs in his hands not wholly executed by him, with all such particulars as may be necessary to explain to the incoming sheriff the several matters intended to be transferred to him, and shall thereupon turn over and transfer to the custody of the incoming sheriff all such prisoners rolls and writs, and all records, books, and matters appertaining to the office of sheriff.

(2.) The incoming sheriff shall thereupon sign and give to the outgoing sheriff a duplicate of such list and account, which shall be a good and sufficient discharge to him of and from all the prisoners therein mentioned and the execution of the writs and other matters therein contained; and thereupon the incoming sheriff shall stand charged with the said prisoners and with the execution and care of the said rolls, writs and other matters contained in the said list and account.

(3) A sheriff shall not be called upon to make a return of any writ after the expiration of six months from the date at which he ceases to hold his office.

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(c.) lets go at large a prisoner who is not bailable, or (d.) is guilty of an offence against or breach of the provisions of this Act,

he shall (without prejudice to any other punishment under the provisions of this Act) be guilty of a misdemeanor, and be liable on conviction to imprisonment for a term not exceeding one year and to pay a fine, or if he has not wherewith to pay a fine, to imprisonment for a term not exceeding three years.

(2.) If any person being either a sheriff, undersheriff, bailiff, or officer of a sheriff, or being employed in levying or collecting debts due to the Crown by process of any court, or being an officer to whom the return or execution of writs belongs, does any of the following things, that is to say(a.) withholds a prisoner bailable after he has offered sufficient security; or

(b.) takes or demands any money or reward under any pretext whatever other than the fees or sums allowed by or in pursuance of this or any other Act; or (c.) grants a warrant for the execution of any writ before he has actually received that writ; or

(d.) is guilty of any offence against or breach of the provisions of this Act, or of any wrongful act or neglect or default in the execution of his office or of any contempt of any superior court;

punishment under the provisions of this Act, but subject as herein-after mentioned, be liable(i.) to be punished by the court as herein-after mentioned; and

he and any person procuring the commission of any such offence shall, without prejudice to any other

(ii.) to forfeit two hundred pounds, and to pay all damages suffered by any person aggrieved, and such forfeiture and damages may be recovered by such person as a debt by an action in Her Majesty's High Court of Justice.

(3.) Any of the following courts, that is to say, Her Majesty's High Court of Justice, any court of assize, oyer and terminer or gaol delivery, or any judge of any of the said courts, also where the alleged offence has been committed in relation to any writ issued out of any other court of record than those above-mentioned, the court out of which such writ issued, may, on complaint made of any such offence as aforesaid having been committed and on proof on oath given by the examination of witnesses or by affidavit or on interrogatories of the commission of the alleged offence, and after hearing anything which the alleged offender may urge in his defence (which evidence and hearing may be taken and had in a summary manner) punish the offender or cause proceedings to be taken for his punishment in like manner as a person guilty of contempt of the said court may be punished.

(4.) The Court may order the costs of or occasioned by any such complaint to be paid by either party to the other and an order by the High Court of Justice in any such summary proceeding to pay any costs, damages, or penalty shall be of the same effect as a judgment of the High Court, and may be enforced accordingly.

(5.) Any of the said courts being a superior court of record may also proceed for and deal with such offence in like manner as for any contempt of such court.

(6.) If any person not being an under-sheriff, bailiff, or officer of a sheriff, assumes or pretends to act as such, or demands and takes any fee or reward under colour or pretext of such office, he shall be guilty of contempt of Her Majeety's High Court of Justice, and be liable to be punished in manner provided by this section as if he were an under-sheriff guilty of a contempt of such court.

(7.) Any proceeding in pursuance of this section against a sheriff, under-sheriff, or any other person to whom this section applies shall be taken within two years after the alleged offence was committed and not subsequently, and if the proceeding is in a summary manner shall be taken before the end of the sittings of the court held next after the offence was committed and not subsequently.

liable to be punished twice in respect of the same (8.) Nothing in this section shall render a person offence, but if any proceeding is taken against a person under this section for any offence the court direct any other available proceeding to be taken for or judge may postpone or stay such proceeding and punishing such offence.

30. Filing and exemption from duty of declaration of office.] (1.) Every declaration of office made under this Act by a sheriff of a county or his under-sheriff shall be exempt from stamp duty and be transmitted to the clerk of the peace for the county, and be by him filed among the records of his office.

(2.) For filing such declaration the clerk of the peace shall be entitled to demand and receive from such sheriff or umder-sheriff such fee as may be from time to time fixed in pursuance of the enactments relating to fees of clerks of the peace, and until any fee is so fixed a fee of five shillings.

Application of Act in Special Cases.

31. Application of Act to Westmoreland and Wales.] Save as otherwise expressly provided by inclusive of this Act and of the law relating to the this or any other Act the law relating to sheriffs.

Oct. 15, 1887.

33. Saving for privileges of city of London and approval of election of sheriffs of Middlesex and London.] (1.) Nothing in this Act shall affect the privilege of the mayor, commonalty, and citizens of the city of London to elect the sheriff of Middlesex and sheriffs of London.

election of members to serve in Parliament shall extend to the Counties Palatine, to the county of Westmoreland and each county in Wales in the same manner in all respects as to other counties in England, and the respective sheriffs of the abovementioned counties shall have the like powers, duties, jurisdiction, and liabilities, as the sheriff of any other county in England.

(2.) Unless otherwise directed by order of Her Majesty in Council, warrants signifying the approval by Her Majesty of the election of the sheriff of Middlesex and sheriffs of London shall be prepared under the seal of the Chancellor of the Exchequer at the central office of the Supreme Court of Judicature, which warrants may be delivered to the said sheriffs or their duly authorised agents without fee on the thirtieth day of September or between that day and the twelfth day of November in every year, and an entry of the grant of such warrants shall be made on the roll of the court, and unless such warrant be stayed by order of Her Majesty in Council on or before the said thirtieth day of September, the election of such sheriff or sheriffs shall be deemed to be approved by Her Majesty.

32. Application of Act to Cambridge and Huntingdon.] One sheriff may continue as heretofore to be appointed for the counties of Cambridge and Huntingdon as if they were one county.

(3.) All warrants and documents relating to the said sheriff or sheriffs which heretofore have been

filed and recorded in the central office of the Supreme Court of Judicature shall continue to be so filed and recorded.

(4.) Save as aforesaid and save as regards the maintenance of men servants and the duration of office, this Act shall apply to the sheriff of Middlesex and sheriffs of London in like manner as to any other sheriff.

34. Application of Acts to franchises.] Where a lord of a franchise or any other person or body corporate has in any franchise, that is to say, any liberty, hundred, franchise, or other part of a county, the return or execution of writs, or any other of the privileges or duties of a sheriff, the following provisions shall apply to such lord, person, or body corporate (in this Act referred to as the bailiff of a franchise) that is to say

(2.) The bailiff of a franchise shall either hold the office himself, or shall put in bailiffs having land in the bailiwick sufficient to answer the Queen and her people, and shall answer for such bailiffs; and every such last-mentioned bailiff shall make the like declaration as an under-sheriff;

(b.) The sheriff of the county 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 franchise, 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 of them;

(c.) 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 belongs 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;

(d.) The bailiff of the franchise and not the sheriff

shall be liable for the non-execution, misexecution, or insufficient return of any writs, or for any misconduct in the performance of the said office or for any breach of the provisions of this Act; and any fine imposed on the bailiff of the franchise or his bailiff or officer shall notwithstanding any grant be paid to the Crown; and

(e.) All the provisions of this Act (except as hereinafter mentioned) and every such enactment in any other Act as relates to the return of panels or juries, or to the due execution of any writ, or to the taking of fees, or to any extortion by sheriffs or their officers, or otherwise to the office and duties of sheriffs or their officers shall, together with all the liabilities, punishments, and forfeitures thereby imposed, extend to such bailiff of the franchise and his bailiffs and officers in like manner as if he and they were a sheriff or sheriff's bailiffs and officers; provided that the enactment as to the appointment and duration of office of a sheriff shall not apply, and such bailiff of the franchise

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and his bailiff shall be entitled to hold his office as long as he would have been entitled if this provision had not been enacted. (f.) In the case of the non-return of a writ, if the

sheriff returns that he has delivered the writ to a bailiff of a franchise the sheriff shall be ordered to execute the writ notwithstanding the said franchise; and further to cause the bailiff of such franchise to attend before the High Court of Justice and answer why he did not execute the said writ.

35. Duties of bailiffs of liberties and constables.] Every bailiff of a franchise within the meaning of the foregoing provisions of this Act, who in times past has been used or ought by himself or a bailiff to attend upon justices of assize or of gaol delivery and justices of the peace at large in any county shall continue so to attend and execute all writs directed to him for the administration of justice in such franchise, and shall give his attendance upon and assistance to the sheriff at all courts of gaol delivery from time to time for the execution of prisoners.

36. Application of Act to sheriffs of counties of cities and counties of towns.] (1.) The sheriff of a county of a city or a county of a town other than London shall continue to be appointed in manner provided by the Municipal Corporations Act, 1882 [45 & 46 Vict. c. 50], and shall hold office for the term in that Act mentioned, and in the event of the death or incapacity of a sheriff so appointed, the council of the said city or town shall forthwith appoint another fit person to execute the office;

(2) A person may be appointed to be such sheriff if he have sufficient property, whether of land or personalty, to answer the Queen and her people;

(3.) Every such sheriff shall perform the same duties as heretofore, and may receive such fees and remuneration out of the borough fund or other accustomed fund as have heretofore been accustomed; (4.) Save as aforesaid this Act shall apply to a sheriff of a county of a city or a county of a town in like manner, as nearly as may be, as it applies to the sheriff of a county, and any jurisdiction by this Act vested in the justices in general or quarter sessions may be exercised, so far as regards constables, by the council, and so far as regards other matters, by the recorder of the said city or town.

37. Saving for Duchy of Cornwall.] Nothing in this Act shall be prejudicial to the rights of the Crown in right of the Duchy of Cornwall, or to the Duke of Cornwall when there is a Duke of Cornwall. Definitions and Repeal.

38. Definitions.] In this Act unless the context otherwise requires

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The expression "the Treasury means the Commissioners of Her Majesty's Treasury.

The expression "county" means a county at large, and does not include a county of a city or a county of a town.

The expression "writ" includes any process.
The expression
quarter sessions"

general sessions.

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includes

39. Repeal. The Acts specified in the Third Schedule to this Act are hereby repealed to the extent in the third column of the said Schedule mentioned:

Provided that

(1.) This repeal shall not affect,(a.) anything duly done or suffered under any enactment hereby repealed; or (b.) any right acquired, or obligation or liability incurred under any enactment hereby repealed; or (c.) the right of any city or borough under any charter; or (d.) any such power, right, privilege, obligation, liability, or duty of any sheriff or officer of a sheriff as exists by common law at the passing of this Act; or (e.) any penalty or punishment incurred in respect of any offence committed against any enactment hereby repealed; (f.) any legal proceeding or remedy in respect of any such right, obligation, liability, power, right, privilege, duty, penalty or punishment as aforesaid; and any such legal proceeding and remedy may be carried on and had as if this Act had not been passed; and

or

(2.) This repeal shall not revive or restore any
jurisdiction, office, duty, franchise, liberty,
custom, privilege, practice, or procedure, or
other matter or thing not existing or in
force; and

(3.) Every sheriff, under-sheriff, bailiff, and officer
holding office at the passing of this Act shall
continue to hold such office, and be subject
to be discharged therefrom in like manner,
and shall have the same privileges, and be
subject to the same duties and liabilities as
if this Act had not passed; and
(4.) Any warrant, order, rules, or other matter or
thing made in pursuance of any enactment
hereby repealed shall continue and be of the
same effect as if made in pursuance of this
Act; and

(5.) Any fees or poundage authorised to be taken
by or in pursuance of any enactment hereby
repealed may continue to be taken until
altered in pursuance of this Act.

40. Saving for courts leet, &c.] (1.) Notwithstanding the repeal of any enactment by this Act every court leet, court baron, law day, view of frankpledge, or other like court which is held at the passing of this Act shall continue to be held on the days and in the places heretofore accustomed, but shall not have any larger powers, nor shall any larger fees be taken thereat than heretotore, and any indictment or presentment found at such court shall be dealt with in like manner as heretofore.

(2.) Where any enactment repealed by this Act applied to any coroner, escheator, or other officer, he shall continue to be governed by such enactment in like manner as if it had not been repealed; Provided that any enactment of this Act which is substituted as regards a sheriff or sheriff's officer for the enactment so repealed, shall apply to such coroner, escheator, or officer, in lieu of the enactment so repealed."

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At the Court at
Majesty in Council.
To A.B.,
Whereas Her Majesty was this day pleased, by
and with the advice of Her Privy Council, to nomi-
nate you for and appoint you to be sheriff of the
county of
during Her Majesty's
pleasure:

These are therefore to require you to take the
custody and charge of the said county, and duly to
perform the duties of sheriff thereof during Her
Majesty's pleasure, whereof you are duly to answer
according to law.
Dated this

day of

By Her Majesty's command.

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THE SECOND SCHEDULE.
DECLARATION OF SHERIFF AND UNDER SHERIFF,
[Sections 7 (1), 23 (3)]
I, A B., of
in the county of
solemnly declare that I will well
and truly serve the Queen's Majesty [and also
his Royal Highness Duke of Cornwall] in the
office of under sheriff of the county of

sheriff

and promote Her Majesty's *[and his Royal Highness's] profit in all things that belong to my office as far as I legally can or may; I will truly preserve the Queen's rights [and the rights of his Royal Highness] and all that belongeth to the Crown [or Duchy of Cornwall]; I will not assent to decrease, lessen, or conceal the rights of the Queen or of her franchises *[or the rights of His Royal Highness, or of his franchises]; and whenever I shall have knowledge that the rights of the Crown *[or Duchy] are concealed or withdrawn in any matter or thing I will do my utmost to make them be restored to the Crown [or Duchy] again; and if I may not do it myself I will inform the Queen [or his Royal Highness] or some of Her Majesty's judges thereof; I will not respite or delay to levy the Queen's debts for any gift promise * The words within brackets to be added in case of the Duchy of Cornwall.

reward or favour where I may raise the same without great grievance to the debtors; I will do right as well to poor as t› rich in all things belonging to my office; I will do no wrong to any man for any gift reward or promise nor for favour or hatred; I will disturb no man's right, and will truly and faithfully acquit at the Exchequer all those of whom I shall receive any debts or sums of money belonging to the Crown [or Duchy]; I will take nothing whereby the Queen [or his Royal Highness] may lose or whereby her *[or his] right may be disturbed injured or delayed; I will truly return and truly serve all the Queen's writs according to the best of my skill and knowledge; [I will take no bailiffs into my service but such as I will answer for ;]† I will truly set and return reasonable and due issues of them that be within my bailiwick according to their estate and circumstances, and make due pannels of persons able and sufficient and not suspected or procured as is appointed by the statutes of this realm; [I have not sold or let to farm, nor contracted for, nor have I granted or promised for reward or benefit, nor will I sell or let to farm nor contract for or grant for reward or benefit by myself or any other person for me or for my use directly or indirectly my sheriffwick or any baliwick thereof or any office belonging thereunto or the profits of the same to any person or persons whatsoever;] I will truly and diligently execute the good laws and statutes of this realm, and in all things well and truly behave myself in my office for the honour of the Queen [and his Royal Highness] and the good of her subjects, and discharge the same according to the best of my skill and power.

FORM OF DECLARATION FOR BAILIFF, DEPUty, or
OFFICER OF SHERIFF [Section 26.]
I, A. B., do hereby solemnly and sincerely declare
that I will not use or exercise the office of

corruptly during the time that I shall remain therein, neither shall nor will accept, receive, or take by any colour, means, or device whatsoever, or consent to the taking of any manner of fee or reward of any person or persons before the tales in any court of record for the Queen or betwixt empannelling or returning of any inquest, jury, or party and party above such fees as are allowed for the same by law, but will according to my power truly and indifferently with convenient speed empannel all juries and return all such writs touching the same as shall appertain to be done by my duty or office during the time that I shall remain in the said office.

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Be it enacted, &c. : 1. Short title and construction.] (1.) This Act may be cited as the Friendly Societies Act, 1887. (2.) This Act, and the Friendly Societies Act,

* The words within brackets to be added in case of the Duchy of Cornwall,

In the case of under-sheriffs, omit the words between brackets.

In the case of under-sheriffs, omit the words between brackets, and say: ["I have not bought purchased or taken to farm or contracted for nor have I promised or given any consideration nor will I buy purchase or take to farm or contract for promise or give any consideration whatsoever by myself or any other person for me or for my use directly or indirectly to any person whomsoever for the office of under sheriff of the county of

which I am now to enter upon and enjoy, nor for the profits of the same nor for any bailiwick thereof or any other place or office belonging therennto; I have not sold nor contracted for or let to farm, nor have I granted or promised for reward or benefit by myself or any other person for me or for my use directly or indirectly any bailiwick thereof or any other place or office belonging thereunto."]

1875, may be cited together as the Friendly Socie

ties Acts.

(3.) The Friendly Societies Act, 1875, is hereinafter referred to as the principal Act.

2. Amendment of 38 & 39 Vict. c. 60, s. 4.] In section four of the principal Act, after the definition of "branch," there shall be inserted as a separate paragraph

"Society' extends to a registered branch in subsections (5) and (6) of section 13, sub-sections (2), (3), and (4) of section 14, sub-sections (1) to (7) both included, (9) and (10) of section 15. sub-sections (1), (6), (7), (9), and (10), of section 16, sections 17, 19, and 20, sub-sections (2) and (4) of section 21, sections 22, 26, 28, 30, 31, 32, and 33 of this Act." At the end of the same section there shall be added as a new paragraph :—

"The term Treasury regulations' means any regulations made and approved by the Treasury and for the time being in force under and by virtue of this Act."

3. Amendment of 38 & 39 Vict. c. 60, s. 11, as to name of society.] In sub-section three of section eleven of the principal Act the words "nature or Its" shall be inserted before the word "identity."

4. Amendment of 38 & 39 Vict. c. 60, s 14.] (1.) In sub-section one (f.) of section fourteen of the principal Act the words "every five years" shall be substituted for the words beginning with "the five years" and ending with "under this Act."

(2) At the end of sub-section one (h.) of the same section there shall be added: "Provided that it shall be deemed a sufficient compliance with this requirement if the society supplies gratuitously every member or person interested with a balancesheet or other document, duly audited, containing the same particulars as to the receipts and expendi ture, funds, and effects of the society as are contained in the annual return."

:

(3.) To sub-section one of the same section shall be added the following paragraph, namely: This sub-section shall apply to a registered branch of a society as if it were a registered society, except that every notice, copy of a revolution, and annual return required by this sub-section to be sent to the registrar, shall be sent through an officer appointed in that behalf by the society of which the branch forms part.

(4.) To sub-section two of the same section the following words shall be added :-"This sub section shall not apply to deaths at sea.'

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(5.) In sub-section three of the same section the words "or any officer or member thereof" shall be inserted after the words "" any registered society," and the words "officer or person," after the words "the society."

5. Amendment of 38 & 39 Vict. c. 60, s. 15.] (1.) In section fifteen, sub-section (3), of the principal act, after the words "not being an officer or ser vant of the society," shall be inserted the words

"unless such officer or servant is the husband, wife, father, mother, child, brother, sister, nephew, or niece of the nominator," and in sub-section (6) of the said section, for the words "absent from Eng land or Ireland respectively," shall be substituted the words "absent from Great Britain or Ireland respectively."

member of the society or branch authorised by the central body, or in any case on the complaint of any member of the society or branch authorised by the central office."

7. Interpretation of 38 & 39 Vict. c. 60, s. 22.] Section twenty-two of the principal Act includes and applies to every dispute between any registered branch under the Friendly Societies Acts, or an officer thereof, of any registered society or registered branch and the registered society or branch of which the other party to the dispute is a registered branch, or any officer thereof, or between any two or more registered branches of any registered society or branch, or any officers thereof respectively, and there shall be inserted after the word "thereof " in the third line of the said section the words "or between any registered branch under the Friendly Societies Acts, or an officer thereof, of any registered society or registered branch and the registered society or branch of which the other party to the dispute is a registered branch, or an officer thereof or between any two or more registered branches of any registered society or branch, or any officers thereof respectively.'

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8. Amendment of 38 & 39 Vict. c. 60, s. 23.] (1.) Act the word "either" shall be omitted, and after In proviso (c.) to section twenty-three of the principal the word "society" there shall be inserted the following words :

or by the members or officers, or former members or officers, of the society in such proportions." (2) In proviso (d.) to the same section after the word "shall" the following words shall be inserted :

"apply to every society to which section thirty

of this Act applies, other than an industrial assurance company, but save as aforesaid shall." 9. Amendments of 38 & 39 Vict c. 60, s. 25.] (1.) In sub-section one (c.) of section twenty-five of the principal Act the word "society" shall be omitted after the word "branch."

(2.) Amendment of 38 & 39 Vict. c. 60, s 25, as to punishment of certain offences.] In sub-section seven (c.) of the same section there shall be added after the words "be liable" the words "either to such penalty as is by section thirty-two (sub-section two) of this Act imposed for an offence under this Act

or.

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(3.) In sub-section eight (d.) of the same section the words "or the last preceding" shall be omitted.

(4.) In sub-section nine of the same section after the word "shall" the following words shall be added :—

29A. Conversion of registered societies into branches.] With respect to the conversion of registered societies into branches, the following provisions shall have effect:

(1.) A society registered before the first day of January one thousand eight hundred and seventy-six may, by a resolution passed by three-fourths of the members or delegates present and entitled to vote at any general meeting, of which notice specifying the intention to propose such resolution has been duly given according to the rules, determine to become a branch under the Friendly Societies Acts of any other registered society, and also, if thought fit, of any registered branch thereof; and if the rules of such society do not comply with all the provisions of this Act and of the Treasury regulations in respect of the registry of branches, the meeting at which such resolution is passed may amend such rules so as to bring the same in compliance with this Act and with the Treasury regulations.

(2.) A copy of the rules of such first-mentioned society marked to show the amendments, if any, made at such meeting, and two copies of such resolution as aforesaid, and of such amendment of rules, if any, each signed by the chairman of the meeting, and by the secretary of the society so determining to become a branch of any other society, and countersigned by the secretary of such other society, shall be sent to the registrar, and if the registrar finds that such rules, with or without such amendment as aforesaid, comply with the provisions of this Act and of the Treasury regulations, he shall cancel the registry of such first-mentioned society and register the same as a branch of such other society, and also, if so specified in the resoJution before mentioned, of any branch of such other society, without further request or notice, and shall register such amendment of rules without further application or evidence, and until such registry such resolution as aforesaid shall not take effect. (3.) No advertisement of any cancelling of registry under this Act shall be requisite.

(4.) The rules of a society which becomes a

branch under this section shall, so far as the same are not contrary to any express provision of this Act or of the Treasury regulations, and subject to any amendment thereof as herein before provided, continue in force as the rules of such branch until amended. 29B. Registered societies may contribute to funds of other societies.] Nothing in this Act contained shall prevent any registered society or branch from con

"apply to every society to which section thirty of this Act applies, other than an industrial assurance company, but save as aforesaid hall." solution.] At the end of the same section there shall tered society or registered branch of a society, as (5.) Notice of proceedings or order to set aside distributing to the funds or taking part by delegates or otherwise in the government of any other regismay be provided in the rules of such first-named the Friendly Societies Acts of such other society society or branch, without becoming a branch under

be added as a fresh sub-section :

proceeding to set aside the dissolution of a society
"Notice shall be sent to the central office of any
or branch, not less than seven days before it is com-
of any order setting a dissolution aside, by the
menced, by the person taking such proceeding, and
society or branch, within seven days after such

order is made."

(2.) In the proviso (a.) to sub-section eight of the 10. Amendment of 38 & 39 Vict. c. 60, s. 29, as to 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

6. Amendment of 38 & 39 Vict. c. 60, s. 16.] (1.) In sub-section two of section sixteen of the principal Act, the words "in every county where it has an office" shall be omitted.

(2) In sub-section three of the same section for the words "in the trustees of such branch, or in the trustees of the society if the rules of the society so provide, for the use and benefit either of the

section:

(7.) A registered branch shall not be registered
as a society except on production to the
registrar of a certificate under the hand of
the chief secretary or other principal officer
of the society that the branch has wholly
seceded, or has been expelled from the
society.

members of such branch" shall be substituted the refusal of the chief secretary or other principal
Provided that the like appeal shall lie from the
following words "wholly or partly in the trustees
of such branch or of any other branch of which the
same forms part (or, if the rules of the society so
provide, in the trustees of the society), for the use

officer of the society, or his omission after one
month from the receipt of a request in writing
made on behalf of a branch to grant such a certiti-

or branch.

branches.] The acknowledgment of the registry of a 29c. Forms of acknowledgment of registry for branch, and of any amendment of the rules of a branch, shall be in the forms provided in the Fifth Schedule to this Act.

12. Amendment of 38 & 39 Vict. c. 60, s. 30.] The following paragraph shall be substituted for the first paragraph of section thirty of the principal Act :

"This section applies only to such friendly societies, whether registered or unregistered, and industrial assurance companies as receive contributions by means of collectors at a greater distance than ten miles from the registered office or principal tion thirty-six of the principal Act the following place of business of the society or company.' 13. Additional provision as to fees.] After secshall be added as a separate section, and shall be

numbered 36A :

,,

and benefit either of the members of any such cate, as from the refusal of the registrar to register births or deaths.] Whenever application is made at

branch."

(3) In sub-section nine of the same section for the words" or by the central office" shall be substituted the following words, "or in the case of a branch, on the complaint of the central body of the Society of which the branch forms part, or of any

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36A. Amendment in fees payable on certificates of one time to any registrar or other person having the care of any register of births or deaths for more certificates than one of the same birth or death for the purposes of and in the manner prescribed by section fifteen, sub-section nine, or section twenty. eight, sub-section three, of this Act, the sum charged

Oct. 22, 1887.

for every such certificate other than the first shall not exceed sixpence; and whenever the registrar or other person having the care of the register is required by the person applying for any certificate of birth or death to fill up the form of application, he may demand a sum not exceeding threepence for so doing.

14. Amendment of Sch. II. of principal Act as to rules.] In paragraph four of Schedule II. of the principal Act (relating to the appointment and removal of a committee of management and to other matters), after the word "composition" the words 66 and powers" shall be added.

15. Correction of misprint in Sch. II of principal Act.] In Schedule II. to the principal Act the provision marked 5 and beginning with the words "the right of one fifth" shall be read as if, instead of the words "five thousand," there were inserted therein the words "ten thousand."

16. Addition of schedule to principal Act.] The First Schedule to this Act shall be added to the principal Act as Schedule V.

17. Repeal.] The Acts set forth in the Second Schedule to this Act are hereby repealed to the extent mentioned in the third column of the said thereunder. schedule, without prejudice to anything done

18. Construction and printing of principal Act.] (1.) The principal Act shall, as from the passing of this Act, take effect subject to the additions, omissions, and substitutions required by this Act.

(2.) Any copy of the principal Act printed after the passing of this Act by any of the several printers to the Queen's most Excellent Majesty duly authorised to print the Statutes of the United Kingdom may be printed with the additions, omissions, and substitutions required by this Act.

SECOND SCHEDULE. ACTS REPEALED.

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CAP. LVII. An Act to provide for the Registration of Deeds of Arrangement. [16th September 1887.

Be it enacted, &c. :

1. Short title.] This Act may be cited for all purposes as the Deeds of Arrangement Act, 1887. 2. Extent of Act.] This Act shall not extend to Scotland.

3. Commencement of Act.] This Act shall, except as in this Act specially provided, come into operation on the first day of January one thousand eight hundred and eighty-eight, which date is in this Act referred to as the commencement of this Act.

4. Application of Act.] (1.) This Act shall apply to every Deed of Arrangement, as defined in this section, made after the commencement of this Act.

(2.) A Deed of Arrangement to which this Act applies shall include any of the following instruments, whether under seal or not, made by, for, or in respect of the affairs of a debtor for the benefit of his creditors generally (otherwise than in pursuance of the law for the time being in force relating to bankruptcy), that is to say :

(a.) An assignment of property;

(b.) A deed of or agreement for a composition; And in cases where creditors of a debtor obtain any control over his property or business :

(c) A deed of inspectorship entered into for the purpose of carrying on or winding up a business;

(d.) A letter of licence authorising the debtor or any other person to manage, carry on, realise, or dispose of a business, with a view to the payment of debts; and (e.) Any agreement or instrument entered into for the purpose of carrying on or winding up the debtor's business, or authorising the debtor or any other person to manage, carry on, realise, or dispose of the debtor's business, with a view to the payment of his

debts.

5. Avoidance of unregistered deeds of arrangement.] From and after the commencement of this Act a Deed of Arrangement to which this Act applies shall be void unless the same shall have been registered under this Act within seven clear days after the first execution thereof by the debtor or any creditor, or if it is executed in any place out of England or Ireland respectively, then within

So much of section fourteen and of Schedule II. as relates to sending to the registrar every five years a return, to be called a quinquennial return, of the sickness and mortality experienced by the society, or as relates to such return.

The whole Act.

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seven clear days after the time at which it would,

in the ordinary course of post, arrive in England or Ireland respectively, if posted within one week after the execution thereof, and unless the same shall bear such ordinary and ad valorem stamp as is under this Act provided.

6. Mode of registration.] The registration of a Deed of Arrangement under this Act shall be effected in the following manner :(1.) A true copy of the deed, and of every schedule or inventory thereto annexed, or therein referred to, thall be presented to and filed with the registrar within seven clear days after the execution of the said deed (in like manner as a bill of sale given by way of security for the payment of money is now required to be filed), together with an affidavit verifying the time of execution, and containing a description of the residence and occupation of the debtor, and of the place or places where his business is carried on, and an affidavit by the debtor stating the total estimated amount of property and liabili ties included under the deed, the total amount of the composition (if any) payable thereunder, and the names and addresses of his creditors;

(2.) No deed shall be registered under this Act unless the original of such deed, duly stamped with the proper inland revenue duty, and in addition to such duty a stamp denoting a duty computed at the rate of one shilling for every hundred pounds or fraction of a hundred pounds of the sworn value of the property passing, or (where no property passes under the deed) the amount of composition payable under the deed, is produced to the registrar at the time of such registration. 7. Form of register.] The registrar shall keep a register wherein shall be entered, as soon as confor registration, an abstract of the contents of every veniently may be after the presentation of a deed Deed of Arrangement registered under this Act, containing the following and any other prescribed particulars :

(a) The date of the deed :

(b.) The name, address, and description of the debtor, and the place or places where his business is carried on, and the title of the firm or firms under which the debtor carries on business, and the name and address of the trustee (if any) under the deed:

(c.) A short statement of the nature and effect of

the deed, and of the composition in the pound
payable thereunder :

(d.) The date of registration :
(e.) The amount of property and liabilities in-
cluded under the deed, as estimated by the
debtor.

8. Registrar and office for registration.] (1.) The Registrar of Bills of Sale in England and Ireland respectively shall be the registrar for the purposes of this Act.

(2) In England the Bills of Sale Department of the Central Office of the Supreme Court of Judicature, and in Ireland the Bills of Sale Office of the Queen's Bench Division of the High Court of Justice, shall be the office for the registration of Deeds of Arrangement.

9. Rectification of register.] The Court or a Judge upon being satisfied that the omission to register a Deed of Arrangement within the time required by this Act or that the omission or mis statement of the name, residence, or description of any person

was accidental or due to inadvertence, or to some cause beyond the control of the debtor and not the application of any party interested, and on such imputable to any negligence on his part, may on terms and conditions as are just and expedient, extend the time for such registration, or order such by the insertion in the register of the true name, omission or mis-statement to be supplied or rectified residence, or description.

10. Time for registration.] When the time for registering a Deed of Arrangement expires on a Sunday, or other day on which the registration office is closed, the registration shall be valid if made on the next following day on which the office is open.

11. Office copies.] Subject to the provisions of this Act, and to any rules made thereunder, any person shall be entitled to have an office copy of, upon paying for the same at the like rate as for or extract from, any deed registered under this Act office copies of judgments of the High Court of Justice, and any copy or extract purporting to be an office copy or extract shall, in all courts and before all arbitrators or other persons, be admitted as primâ facie evidence thereof, and of the fact and date of registration as shown thereon.

12. Inspection of register and registered de ds.] (1 ) Any person shall be entitled, at all reasonable times, to search the register on payment of one shilling, or such other fee as may be prescribed, and subject to

such regulations as may be prescribed, and shall be entitled, at all reasonable times, to inspect, examine, and make extracts from any registered Deed of Arrangement, without being required to make a written application or to specify any particulars in reference thereto, upon payment of one shilling, or such other fee as may be prescribed, for each Deed of Arrangement inspected.

(2.) Provided that the said extracts shall be limited to the dates of execution and of registra. tion, the names, addresses, and descriptions of the debtor and of the parties to the deed, a short statement of the nature and effect of the deed, and any other prescribed particulars.

13. Local registration of copy of deeds.] (1.) When the place of business or residence of the debtor who is one of the parties to a deed of arrangement, or who is referred to therein, is situate in some place outside the London Bankruptcy District, as defined by the Bankruptcy Act, 1883, the registrar shall, within three clear days after registration, and in accordance with the prescribed directions, transmit a copy of such deed to the registrar of the county court in the district of which such place of business or residence is situate.

(2.) Every copy so transmitted shall be filed, kept, and indexed by the registrar of the county court in the prescribed manner, and any person may search, inspect, make extracts from, and obtain copies of, the registered copy, in the like manner and upon the like terms, as to payment or otherwise, as near as may be, as in the case of deeds registered under this Act.

(3.) This section shall not apply to Ireland. 14. Affidavits.] Every affidavit required by or for the purposes of this Act may be sworn before a Master of the Supreme Court of Judicature in England or Ireland, or before any person empowered to take affidavits in the Supreme Courts of Judicature of England or Ireland.

15. Fees.] (1.) There shall be taken, in respect of the registration of Deeds of Arrangement, and in respect of any office copies or extracts, or official searches made by the registrar, such fees as may be from time to time prescribed; and nothing in this Act contained shall make it obligatory on the registrar to do, or permit to be done, any act in respect of which any fee is specified or prescribed, except on payment of such fee.

(2) The twenty-sixth section of the Supreme Court of Judicature Act, 1875 [38 & 39 Vict. c. 77, e. 26], as regards England, and the eighty-fourth section of the Supreme Court of Judicature Act (Ireland), 1877, as regards Ireland, and any enactments for the time being in force amending or substituted for those sections respectively shall apply to fees under this Act, and orders under those sections may, if need be, be made in relation to such fees accordingly.

16. Amendment of 46 § 47 Vict. c. 52, s. 28.] (1.) The third subsection, paragraph (g.) of the twenty. eighth section of the Bankruptcy Act, 1883, which enacts amongst other things that one of the facts on proof of which the court shall either refuse an order of discharge to a bankrupt, or suspend the operation of the order for a specified time, or grant the bankrupt an order of discharge subject to the conditions mentioned in the section, is that the bankrupt has on any previous occasion made a statutory composition or arrangement with his creditors, shall be read and construed with the word "statutory omitted therefrom.

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(2.) This section shall not apply to Ireland. 17. Saving as to Bankruptcy Acts.] Nothing contained in this Act shall be construed to repeal or shall affect any provision of the law for the time being in force in relation to bankruptcy, or shall give validity to any deed or instrument which by law is an act of bankruptcy, or void or voidable.

18. Rules.] (1.) Rules for carrying this Act into effect may be made, revoked, and altered from time to time by the like persons and in the like manner in which rules may be made under and for the purposes of the Supreme Court of Judicature Act, 1873 to 1884, as regards England, and the Supreme Court of Judicatura Act (Ireland), 1877 [40 & 41 Vict. c. 57], as regards Ireland.

(2.) Such rules as may be required for the purposes of this Act may be made at any time after the Iassing of this Act,

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An Act to amend the Prison (Officers' Superannuation) Act, 1878, as to Scotland.

[16th September 1887. CAP. LXI.

An Act for appointing Commissioners to inquire and report as to the Boundaries of certain Areas of Local Government in England. [16th September 1887.

Be it enacted, &c. :

Board shall have the same powers as an inspector of the Local Government Board has on holding a local inquiry under the Public Health Act, 1875.

4. Staff and remuneration] (1.) The Boundary Commissioners may from time to time, with the assent of the Treasury as to number, appoint a secretary and such persons as they think fit to be Assistant Commissioners, and appoint or employ such number of other officers and persons as they may think necessary for the purpose of the execution of their duties under this Act, and may remove any person so appointed or employed.

(2.) There shall be paid to the secretary, and to any assistant commissioner, officer, or person appointed or employed under this Act such salaries or other remuneration as the Treasury may assign, and that remuneration and all expenses of the Boundary Commissioners incurred with the sanction of the Treasury in the execution of this Act shall be paid out of moneys provided by Parliament.

5. Duration of powers.] The powers of the Bounliament, cease on the last day of December, one dary Commissioners shall, unless continued by Parthousand eight hundred and eighty-eight.

6. Exclusion of metropolis.] This Act shall not apply to the metropolis, that is to say, to the parishes and places in which the Metropolitan 1. Short title.] This Act may be cited as the Board of Works have power to levy the metroLocal Government (Boundaries) Act, 1887.

2. Constitution of Boundary Commission.] (1.) The following persons, that is to say,

The Right Honourable Earl Brownlow, the Honourable Edmond George Petty- Fitzmaurice, commonly called Lord Edmond Fitzmaurice, the Right Honourable Baron Basing, the Right Honourable Sir Henry John Selwin Ibbetson, Baronet, M.P., and the Right Honourable John Tomlinson Hibbert, of whom not less than three shall be a quorum, shall be appointed Boundary Commis. sioners for England and Wales, and they shall immediately after the passing of this Act proceed, by themselves or by Assistant Commissioners appointed by them, to inquire, with respect to each county in England and Wales:

(a.) As to the best mode of so adjusting the boundaries of the county and of other areas of local government as to arrange that no union, borough, sanitary district, or parish shall be situate in more than one county, and (b.) As to the best mode of dealing with parts of the county which are wholly or nearly detached from the county, and

(c.) As to the best mode of dealing with the cases where a borough is not an urban sanitary district and is wholly or partly comprised in an urban sanitary district, and (d.) As to any alteration of boundaries, combina. tion of areas, or administrative arrangements incidental to or consequential on any alteration which they may recommend in the boundaries of any county, union, borough, sanitary district, or parish.

(2.) In making their recommendations the Boundary Commissioners shall have due regard to financial and administrative considerations."

(3.) The Boundary Commissioners shall with all practicable despatch report to the Local Govern ment Board upon the several matters in this section before Parliament. referred to them, and their report shall be laid

(4.) If a vacancy occurs in the office of any of the Boundary Commissioners by reason of death, resignation, incapacity, or otherwise, it shall be lawful for Her Majesty the Queen, under Her Royal Sign Manual, to appoint some other person to fill the vacancy, and so from time to time as often as occasion requires.

3. Duties and powers of Commissioners.] (1.) The Boundary Commissioners, by themselves or by their Assistant Commissioners, shall, by local inquiry and such other means as the Commissioners think necessary, possess themselves of such information as will enable them to report under this Act.

(2.) The Boundary Commissioners may, with the consent of the Local Government Board, associate any inspector of the Local Government Board with an Assistant Boundary Commissioner.

(3.) On holding any inquiry in pursuance of this Act, any Boundary Commissioner, assistant commissioner, or inspector of the Local Government

politan consolidated rate.

66

7. Definitions.] In this ActThe expression county " does not include a county of a city or a county of a town, but includes any riding, division, or parts of a county having a separate court of quarter sessions.

The expression "the Treasury" means the Commissioners of Her Majesty's Treasury.

CAP. LXII.

An Act to amend in certain minor particulars some of the Enactments relating to Merchant Shipping and Seamen. [16th September 1887. Be it enacted, &c. :

1. Short title and construction] (1.) This Act may be cited as the Merchant Shipping (Miscel laneous) Act, 1887.

(2) This Act shall be construed as one with the Merchant Shipping Act, 1854, and the Acts amend. ing the same, and this Act and those Acts may be cited collectively as the Merchant Shipping Acts, 1854 to 1887.

Mercantile Marine Fund. Whereas by section 2. Fees on examinations of engineers to be paid to seven of the Merchant Shipping Act Amendment Act, 1862 [25 & 26 Vict. c. 63, s. 7]. it is provided that the fees payable by applicants for examination for certificates of competency as engineers shall be carried to the account of the Mercantile Marine Fund, and at the time of the passing of that Act the salaries of the surveyors by whom the examinations are conducted were paid out of the Mercantile Marine Fund:

And whereas by section thirty-nine of the Merchant Shipping Act, 1876 [39 & 40 Vict. c. 80, B. 39], it was provided that the salaries of the said surveyors should be paid out of moneys provided by Parliament, and by section four of the Merchant Vict. c. 22, s. 4], it was provided that the fees paid Shipping (Fees and Expenses) Act, 1880 [43 & 44 by the said applicants for examination for certifiCates of competency as engineers should be paid into the Exchequer :

And whereas under section three of the Merchant Shipping (Expenses) Act, 1882 [45 & 46 Vict. c. 55, 9. 3], the salaries of the said surveyors are charged on and paid out of the Mercantile Marine Fund, and it is expedient that the fees paid by the said applicants for examination should be carried to the account of the Mercantile Marine Fund; be it therefore enacted as follows:

The fees payable in pursuance of section seven of the Merchant Shipping Act Amendment Act, 1862, shall cease to be payable into the Exchequer, and all such of those fees as have been levied since the first day of April one thousand eight hundred and eighty-three, or are hereafter levied, shall be carried to the account of the Mercantile Marine Fund.

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