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Rules to be in

tered into a book, and received in evidenee, &c.

Societies may receive dona

tions.

Proceedings where members think

themselves aggrieved.

ing into effect the general purposes of such society; but all such rules, for the dissolution of such society, without such consent, or for the distribution of the fund, contrary to the rules con firmed and filed in pursuance of this act, shall be void. s. 12.

And all the rules made by such society shall be entered into a book to be kept by one or more members appointed for that purpose, and shall be signed by the said members, and shall at all seasonable times be open for the inspection of any member, and such rules so entered and signed, shall be deemed original orders, and shall be received in evidence in all disputes and trials, and no certiorari shall be brought or allowed to remove any of the rules of such society. s. 13..

And it shall be lawful for such society to receive donations of any persons towards the supply of their stock, to be applica ble to the general purposes of such society, and not applied in any other manner. s. 14.

And if any member of such society shall think himself ag grieved by any act done or omitted to be done by such society, or any person acting under them, it shall be lawful for the jus tices near unto the place where such society shall be established, on complaint (1) made upon oath or affirmation, to issue their

(1) The form of the complaint to be exhibited by a member of a benefit club before justices of the peace under the 15th section of 33 Geo. c. 54. in the case of an unjust expulsion.

Suffolk, BE it remembered, That on the

}BE

in the

day of to wit. year of the reign of our so. vereign lord George the Third, now king of the united kingdom of Great Britain and Ireland, at Ipswich in the county of Suffolk, J. G. of the parish of Creeting All Saints in the county aforesaid, inn-keeper, in. his proper person cometh before us John lord Chedworth and John Gibson, Esq. two of the justices of our said lord the king, assigned to keep the peace of our said lord the king, within the said county of Suffolk, and also to hear and determine divers felonies, trespasses, and other misdemeanors within the said county committed; and on his corporal oath, giveth us the said justices to understand and be informed, that he the said J. G. being a member of the society of brotherly love, held at the sign of the Cock and Crown si• tuate at Ipswich aforesaid in the county aforesaid; (the rules, orders, and regulations of which said society have been exhi bited in writing to the justices of our said lord the king, assign.

*This and the two following precedents were drawn and settled by one of the first special plenders at the bar, viz. Mr. George Wood, now one of the barons of the court of Exchequer; and the editor has been enabled to insert them in this work from the obliging communications of a very intelligent maSistrate at Lowestoft.

summons (II) to the presidents, wardens, stewards, or other officers of such society, or one of them, in case such complaint shall be made against such society collectively; and in case it be made against any person appointed to such office, then to

ed to keep the peace of our said lord the king within the said county of Suffolk, at the general quarter sessions of the peace holden in and for the said county, and by the said justices at their said sessions, after due examination allowed and confirmed, and afterwards signed by the clerk of the peace at the said sessions, pursuant to the statute in that case made and provid ed), was, at a meeting of the said society on the

day of

in the year aforesaid, at the sign of the Cock and Crown aforesaid, at Ipswich aforesaid, in the county aforesaid, un justly and without sufficient cause, and contrary to the true purport and meaning of the said rules, orders and regulations, by the members of the said society then and there present, excluded from the said society and from all benefit and advan tage arising therefrom. And hereupon the said J. G. prayeth of us the said justices that justice may be done to him in the premises, and the said J. G. on his oath aforesaid, further saith that F. S. of· and S. of both of the said county of Suffolk, are the two head stewards of the said society. Sworn before us,

(II) Form of the summons on the above complaint.

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Forasmuch as J. G. of the parish of Creeting all Saints, in the county of Suffolk, inn keeper, hath this day made infor mation and complaint upon oath before us John Lord Chedwith, and John Gibson, Esq. two of the justices of our sove. reign lord the king, assigned to keep the peace of our said lord the king, within the said county of Suffolk, and also to hear and determine divers felonies, trespasses, and other misdemeanors within the said county committed; that he the said J. G. being a member of the society of brotherly love held at the sign of the Cock and Crown situate in the parish of St. Cle ment in Ipswich in the county of Suffolk,] the rules, orders, and regulations of which said society have been exhibited in writing to the justices of our said lord the king, assigned to keep the peace of our said lord the king, within the said county of Suffolk; at the general quarter-sessions of the peace holden in and for the said county, and by the said justices at their said sessions after due examination, allowed and confirmed, and af

summon such person to appear before such justices, at a time and place to be named in such summons, and also to summon at the same time and place, if there be occasion, all persons as shall appear to such justices to have the cus tody of the rules of such society; and such justices, at the time and place named in such summons, whether the person summoned shall or shall not appear, on proof upon oath or affirmation of such summons being served, or left at his abode, shall proceed to hear and determine, (III) in a sum

in the

terwards signed by the clerk of the peace at the said sessions, pursuant to the statute in that case made and provided) was at a meeting of the said society on the day of year aforesaid at Ipswich aforesaid in the county aforesaid unjustly and without sufficient cause, and contrary to the true purport and meaning of "the said rules, orders, and regulations by the members of the said society, then and there present excluded from the said society, and from all benefit and advantage aris ing therefrom, and thereupon the said J. G. hath prayed us that justice may be done in the premises.

THESE ARE THEREFORE to require you the said constable to summon the said F S, and SS, the stewards aforesaid, and every of them to appear before us the said justices, at Ipswich afore said, in the said county of Suffolk, on the day of

at the hour of in the - noon, to answer to the said com plaint, and further to do and receive what to law doth appertain. And you are likewise to give notice to the said F. S. and S S. that they do produce before us the said justices, at the time and place last mentioned, the rules, orders, and regula. tions of the said society, allowed and confirmed by the justices of the peace, at the general quarter-sessions of the peace holden in and for the said county of Suffolk, and signed by the clerk of the peace at the said sessions; and also the book or paper (if any such there be) wherein the proceedings of the said society are entered. And be you then there to certify what you shall have done in the execution of this precept. Hereof fail not, as you will answer at your peril. Given under our hands day of in the year of our lord, one thousand eight hundred and

and seals the

(III) The form of an adjudication of re-admission.

{

Suffolk, f To the stewards and members of the friendly society to wit. called a society of Brotherly Love," holden at the sign of the Cock and Crown situate in the parish of St. Clement in Ipswich in the county of Suffolk.

WHEREAS J G. of the parish of Creeting all Saints in

mary way, the matter of such complaint, according to the meaning of the rules of such society confirmed by the justices according to this act, and shall make such order therein as shall seem just, which shall be final, and not subject to appeal, or to be removed into any court of record at Westminster.

s. 15.

the said county of Suffolk, inn keeper, in his proper person on the twelfth day of March, in the forty-third year of the reign of our sovereign lord George the third by the grace of God of the united kingdom of Great Britain and Ireland, king, defender of the faith, at Ipswich aforesaid, in the county aforesaid,made an information and complaint upon oath before us John lord Chedworth, and John Gibson, esq. two of the justices of our said lord the king, assigned to keep the peace of our said lord the king within the said county of Suffolk, and also to hear and determine divers felonies, trespasses and other misdemeanors within the said county committed, whose names are hereunto set, and seals affixed, and residing at Ipswich aforesaid, where the said society was established, and which oath we the said justices did then and there administer to him, by which said information and complaint on oath aforesaid, the said JG. deposed and said that he the said J G. then was a member of a certain friendly society, called a society of" Brotherly Love," held at the sign of the Cock and Crown situate in Ipswich afore. said in the county aforesaid, (the rules, orders, and regulations of which said society had been exhibited in writing to the justices of our said lord the king assigned to keep the peace of our said lord the king, within the said county of Suffolk at the ge. neral quarter-sessions of the peace holden in and for the said county, and by the said justices at their said sessions after due examination allowed and confirmed, and afterwards signed by the clerk of the peace at the said sessions, pursuant to the sta tute in that case made and provided). And that he the said JG. had been a member of the said society for the space of twenty years and upwards, and that he had for three years then past, or thereabouts, been lame and thereby rendered incapable of working at his calling, that he did then continue so, and that he had during the time he was so lame received the allowance from the said society until the month of January then and now last on the club night of which month the members of the said society refused to pay him any farther allowance, declined accepting his contribution money, and unjustly excluded him from the said society, and thereupon he prayed that justice might be done to him in the premises. And whereas, on Saturday the nineteenth day of March in the year aforesaid, at the Shire Hall in Ipswich aforesaid in the county aforesaid, F S, and SS, two of the stewards of the said society pursuant to our

Where the

rules direct dis- But if provision shall be made by the general rules for a refer. putes to be set- ence by arbitration of any matter in dispute, the matter shall be tled by arbitra- referred to such arbitrators as shall be elected according to such tion, the award general rules, and whatever award shall be made accordingly, shall be conclusive on all parties, without appeal, or being subject to the controul of two justices, as before prescribed.

of the arbitra

tors to be final.

s. 16.

This act also provides, that no member of such society resid ing in any parish, not having a legal settlement there, or who shall come to reside therein, and shall produce to the churchwardens and overseers a certificate of his being a member of such society, in the manner prescribed by the act, shall be rcmoveable therefrom to his last place of settlement, until he become actually chargeable, or is forced to ask relief for himself or family. But on complaint of the parish officers, any justice may summon such person to be examined, and make oath of his legal settlement before two justices, a certificate of which examination from the magistrate is to exempt him from a future examination; and the justices who take such examination may, at the request of the parish officers, adjudge the place of such person's settlement, without issuing a warrant of removal,

summons issued for that purpose, and also J M. a member of the said society appeared before us the said John lord Chedworth, and John Gibson, esq. and also Charles Stisted, esq. one other of the justices of our said lord the king, assigned to keep the peace of our said lord the king, within the said county of Suffolk, and also to hear and determine divers felonies, trespasses and other misdemeanors within the said county committed, and also residing at Ipswich aforesaid, where the said society was established, and the said J G, being also then and there present, we the justices aforesaid did then and there proceed to hear and determine, and did hear and determine the matter of the said complaint according to the true purport and meaning of the rules, orders, and regulations of such society confirmed by the justices according to the directions of the said statute. And thereupon we do order und adjudge by virtue of the said statute that the said I G. be re-admitted into the said society, and into all the benefits and advantages arising therefrom, and we do order and require you the stewards and members of the said society to readmit the said J G. into the said society, and into all the benefits and advantages arising therefrom accordingly. Given under our hands und seals at Ipswich aforesaid in the county aforesaid the nineteenth day of March in the said forty-third year of the reign of our sovereign lord George the Third, by the grace of God of the united kingdom of Great Britain and Ireland, king, defender of the faith, and in the year of our Lord one thousand eight hundred and three,

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