New Statutes effecting Alterations in the Law.

Transfer of mortgages. Register of trans-sons employed under Metropolitan Commis

Power to appeal against orders and acts of Saving of powers of Commissioners of

ост. 13, 1855.]

New Statutes.-Rules of Friendly Societies.

Sewers of the City over any such parts of any parishes in Schedule (B.) as are in the city;

s. 242.

461

old age, sickness, or widowhood, or the endowment of members or nominees of members at any age:

"3. For any purpose which shall be authorised by one of her Majesty's principal Secretaries of State, or in Scotland by the Lord Advocate, as a purpose to which the powers and facilities of this Act ought to be extended:

Provided that no member shall subscribe or contract for an annuity exceeding 30l. per annum, or a sum payable on death, or on any other contingency, exceeding TWO HUNDRED POUNDS:

"And if such persons so intending to form and establish such society shall transmit rules for the government, guidance, and regulation of the same to the registrar, and shall obtain his certificate that the same are in conformity with law, then the said society shall be deemed to be fully formed and established from the date of the said certificate; s. 9.

"In any society in which a sum of money may be insured payable on the death of a child under 10 years of age, it shall not be lawful to pay any sum for the funeral expenses of such child, except upon production of a copy of the entry in the register of deaths, signed by the registrar of the district in which the child shall have died; and if such entry shall not state that the cause of death has been certified by a qualified medical practitioner, or by a coroner, a certificate signed by a qualified medical practitioner, stating the probable cause of

RULES OF FRIENDLY SOCIETIES. death, shall be required, and it shall not be

-

INSTRUCTIONS OF THE REGISTRAR.

MR. TIDD PRATT, the Registrar of these Societies in England, has prepared Instructions for framing the Rules of Friendly Societies under the 18 & 19 Vict. c. 63; and we now lay them before our readers :-

"By the Act 18 & 19 Vict. c. 63 (July 23, 1855), intituled AN ACT. TO CONSOLIDATE

lawful in that case to pay any sum without such certificate; and no trustee or officer of any society, upon an insurance of a sum payable for the funeral expenses of such child made after the passing of this Act, shall knowingly pay a sum which shall raise the whole amount receivable from one or more than one society for the funeral expenses of a child under the age of five years, to a sum exceeding 6., or of a child between five and ten years to a sum exceeding 101.; and any such trustee or officer who shall make any such payment otherwise than as AMEND THE LAW RELATING ΤΟ FRIENDLY SOCIETIES,' (commencing 2nd aforesaid, or who shall pay any sum without day of August, 1855,) all the previous Acts endorsing the amount which he shall pay on relating to those Societies are repealed; and the back or at the foot of the copy of entry any number of persons may form and es- signed by the said registrar, he shall be liable tablish a friendly society, for the purpose of to a penalty not exceeding 51. for every such raising by voluntary subscriptions of the mem- offence, upon conviction thereof before two bers thereof, with or without the aid of dona-justices of the county or borough in which such tions, a fund for any of the following objects; death shall have taken place: The said registrar (that is to say,)

AND

"1. For insuring a sum of money to be paid on the birth of a member's child, or on the death of a member, or for the FUNERAL EXPENSES OF THE WIFE OR

CHILD OF A MEMBER: "2. For the relief or maintenance of the members, their husbands, wives, children, brothers or sisters, nephews or nieces, in

1 Published by Knight & Co., 90, Fleet Street.

shall be entitled to receive, upon delivery of such copy of entry, for the purpose of receiving money from a friendly society, a fee of 1s., and it shall not be lawful for him to deliver more than one such copy for such purpose, except by the order of a justice of the peace;

462

Rules of Friendly Societies—Instructions of the Registrar. [LEGAL OBserver, may, amongst other things, make provision for | vided always, that it shall not be lawful for the appointing a general committee of management said registrar to grant any such certificate to a of such society, and delegating to such committee all or any of the powers given by this Act to the members of friendly societies formed or established under or by virtue of the same; and such rules shall set forth,

"1. The name of the society and place of
meeting for the business of the society:
“2. The whole of the objects for which the
society is to be established, the purposes
for which the funds thereof shall be ap-
plicable, and the conditions under which
any member may become entitled to any
benefit assured thereby, and the fines and
forfeitures to be imposed on any member
of such society:

"3. The manner of making, altering, amend-
ing, and rescinding rules:

society assuring to any member thereof a CERTAIN ANNUITY OR CERTAIN SUPERANNUA TION, deferred, or immediate, unless the tables of contributions payable for such kind of assurance shall have been certified under the reduction of the National Debt, or by an actuhand of the actuary to the Commissioners for ary of some life assurance company established have exercised the profession of actuary for at in London, Edinburgh, or Dublin, who shall least five years, and such certificate be trans mitted to the registrar, together with the copies of the rules aforesaid; s. 26.

have been so certified by the registrar, it shall "After the rules of a friendly society shall be lawful for such society, BY RESOLUTION AT A MEETING SPECIALLY CALLED FOR

"4. A provision for the appointment and THAT PURPOSE, to alter, amend, or rescind the removal of a general committee of ma- and it shall be lawful for any friendly society same or any of them, or to make new rules; nagement, of a trustee or trustees, trea-formed and established under any of the Acts surer, and other officers :

5. A provision for the investment of the funds, and for an annual or periodical

audit of accounts:

rules by which their society is governed, reguhereby repealed to alter, amend, or rescind the lated, or managed, or to make new rules: Pro“6. The manner in which disputes between vided always, that two copies of the proposed alterations or amendments, and of such new the society and any of its members, or any rules, signed by three members of such society, person claiming by or through any mem- and the secretary or other officer, shall be ber, or under the rules, shall be settled: transmitted to the said registrar, to one of And the rules of every such society shall pro- which shall be attached a declaration by the vide that all moneys received or paid on ac- secretary or one of the officers of such society, count of each and every particular fund or that in making the same the rules of such sobenefit assured to the members thereof, their ciety respecting the making, altering, amendhusbands, wives, children, fathers, mothers, ing, and rescinding rules, or the directions of brothers or sisters, nephews or nieces, for the Act under which such society was esta which a separate table of contributions payable blished, have been duly complied with; and if shall have been adopted, shall be entered in a the said registrar shall find that such alteraseparate account, distinct from the moneys re- tions, amendments, or new rules are in conceived and paid on account of any other bene-formity with law, he shall give to the society a fit or fund, and also that a CONTRIBUTION certificate in the form set forth in the schedule SHALL BE MADE TO DEFRAY THE NECES- to this Act, and return one of the copies to the SARY EXPENSES OF MANAGEMENT, and a society, and shall keep the other with the rules separate account shall be kept of such contri- of such society, in his custody, AND FOR butions and expenses; s. 25.

"Two printed or written copies of such rules, signed by three of the intended members and the secretary or other officer, shall be transmitted to the registrar, and the said registrar shall advise with the secretary or other officer, if required, for the purpose of ascertaining whether the said rules are calculated to carry into effect the intentions and object of the persons who desire to form such society, and if the registrar shall find that such rules are in conformity with law and with the provisions of this Act, he shall give a certificate in the form set forth in the second schedule to this Act, and shall return one of the said copies to the said society, and shall keep the other in such manner as shall from time to time be directed by one of her Majesty's Principal Secretaries of State, AND FOR WHICH CERTIFICATE NO FEE SHALL BE PAYABLE TO THE SAID REGISTRAR; and all rules, when so certified as aforesaid, shall be binding on the several members of the said society: Pro

WHICH CERTIFICATE NO FEE

SHALL BE

PAYABLE TO THE SAID REGISTRAR, and as against such member or person such certificate shall be conclusive of the validity thereof; and all rules, alterations, and amendments, when so certified as aforesaid, shall be binding on the several members of the said society, and all persons claiming on account of a member or under the said rules; but unless and until the same shall be so certified as aforesaid such rules, alterations, and amendments shall have no force or validity whatsoever; s. 27.

"Every dispute between any member or members of any society established under this Act or any of the Acts hereby repealed, or any person claiming through or under a member, or under the rules of such society, and the trustee, treasurer, or other officer, or the committee thereof, shall be decided in manner directed by the rules of such society, and the decision so made shall be binding and conclusive on all parties, without appeal: Provided that where the rules of any SOCIETY ESTABLISHED

ост. 13, 1855.]

Rules of Friendly Societies-Instructions of the Registrar.

463

UNDER ANY OF THE ACTS HEREBY RE- posited with the rules of the society, and such PEALED SHALL HAVE DIRECTED DISPUTES agreement shall thereupon be an effectual disTO BE REFERRED TO JUSTICES, SUCH DIS- charge at law and in equity to the trustees, PUTES SHALL, FROM AND AFTER THE FIRST treasurers, and other officers of such society, DAY OF AUGUST, ONE THOUSAND EIGHT and shall operate as a release from all the HUNDRED AND FIFTY-FIVE, BE REFERRED members of the society to such trustees, treaΤΟ AND BE DECIDED BY THE COUNTY surers, and other officers; and IT SHALL NOT COURT AS HEREINAFTER-MENTIONED: S. 40. BE LAWFUL in any society to DIRECT A DI"If any person shall give to any member of | VISION OR APPROPRIATION OF ANY PART a friendly society established under this Act or OF THE STOCK THEREOF, EXCEPT FOR THE under any of the said repealed Acts, or to any PURPOSE OF CARRYING INTO EFFECT THE person intending or applying to become a GENERAL INTERESTS AND OBJECTS DEmember of such society, A COPY OF ANY CLARED IN THE RULES AS ORIGINALLY CERRULES, OR OF ANY ALTERATIONS OR AMEND-TIFIED, unless the claim of every member is first MENTS of the same, OTHER THAN THOSE RE- duly satisfied, or adequate provision be made for SPECTIVELY WHICH HAVE BEEN ENROLLED satisfying such claims; and in case any memWITH ANY CLERK OF THE PEACE OR CER- ber of such society shall be dissatisfied with TIFIED BY THE REGISTRAR, WITH A COPY Such provision, it shall be lawful for him or OF HIS CERTIFICATE APPENDED THERETO, her to apply to the Judge of the County Court under colour that the same are binding upon of the district within which the usual place the members of such society, or shall make of business of the society is situated for relief any alterations in or addition to any of the or other order; and the said Judge shall have rules or tables of such society after they shall the same powers to entertain such application, have been respectively enrolled or certified by and to make such order or direction in relation the registrar, and shall circulate the same, thereto, as he may think the justice of the purporting that they have been duly enrolled case may require, as hereinafter is enacted in or certified under this or any of the said re-regard to the settlement of disputes; AND IN pealed Acts, when they have not been so duly THE EVENT OF THE DISSOLUTION OR DEenrolled or certified, EVERY PERSON SO OF TERMINATION OF ANY SOCIETY OR THE

THEREIN, SHALL, ON CONVICTION THEREOF
BY TWO JUSTICES, BE COMMITTED TO THE
COMMON GAOL OR HOUSE OF CORRECTION,
THERE TO BE KEPT TO HARD LABOUR FOR
ANY TERM NOT EXCEEDING THREE CALEN-
DAR MONTHS, AS TO SUCH JUSTICES SHALL
SEEM MEET; s. 13.

FENDING SHALL BE DEEMED GUILTY OF A DIVISION OR APPROPRIATION OF THE FUNDS MISDEMEANOR; s. 29. THEREOF, EXCEPT IN THE WAY HEREINBE"It shall be lawful for the members of any FORE-PROVIDED, ANY TRUSTEE OR OTHER Society HERETOFORE FORMED AND ESTA- OFFICER OR PERSON AIDING OR ABETTING BLISHED, OR HEREAFTER TO BE FORMED AND ESTABLISHED, at some meeting thereof to be specially called in that behalf, to dissolve or determine the same by consent: Provided that no society established under this or any Act relating to friendly societies shall be dissolved or determined without obtaining the votes of consent of five-sixths in value of the "In the case of any friendly society estathen existing members thereof, including the blished for any of THE PURPOSES MENTIONhonorary members, if any, to be ascertained in ED IN SECTION IX., OR FOR ANY PURPOSE manner hereinafter-mentioned, nor without the WHICH IS NOT ILLEGAL, having written or consent of all persons, if any, then receiving or printed rules, whose rules have not been certithen entitled to receive any relief, annuity, or fied by the registrar, provided a copy of such other benefit from the funds thereof, to be tes- rules shall have been deposited with the registified under their hands individually and re- trar, every dispute between any member or spectively, unless the claim of every such person members of such society, and the trustees, be first duly satisfied, or adequate provision treasurer, or other officer, or the committee of made for satisfying such claim; and for the such society, shall be decided in manner herepurpose of ascertaining the votes of such five- inbefore provided with respect to disputes, and sixths in value of the numbers as aforesaid, the decision thereof, in the case of societies to every member shall be entitled to one vote, and be established under this Act, and the sections an additional vote for every five years that he in this Act provided for such decision, and may have been a member, but no one member also the section in this Act which enacts a shall have more than five votes in the whole; punishment in case of fraud or imposition by and the intended appropriation or division of an officer, member, or person, shall be apthe funds or other property shall be fairly and distinctly stated in the agreement for dissolution prior to such consent being given; and the agreement for such dissolution, duly signed as aforesaid, accompanied with a statutory declaration by one of the trustees, or by three members and the secretary, taken before a justice of the peace, that the provisions of this Act have been complied with, shall be forthwith transmitted to the registrar, to be by him de

plicable to such uncertified societies: Provided always, that nothing herein contained shall be construed to confer on any such society whose rules shall not have been certified by the registrar, or any of the members or officers of such society, any of the powers, exemptions, or facilities of this Act, save and except as in and by this section is expressly provided; s. 44.

"The trustees of any friendly society may,

464

Rules of Friendly Societies.-Law of Attorneys and Solicitors. [LEGAL OBSERVER,

LAW OF ATTORNEYS AND
SOLICITORS.

PRIVILEGED COMMUNICATIONS.

out of the funds thereof, SUBSCRIBE TO ANY HOSPITAL, INFIRMARY, CHARITABLE, OR OTHER PROVIDENT INSTITUTION, such annual or other sum as may be agreed upon by the committee of management, or by a majority of the members at a meeting called for that In a suit to establish the validity of a purpose, in consideration of any member of will, under which the plaintiff claimed as such society, his wife, child, or other person devisee, the defendant, who was the heirnominated, being eligible to receive the benefits at-law, obtained the usual order for proof such hospital or other institution, according to the rules thereof; s. 39.

duction of documents in the plaintiff's pos"And whereas many PROVIDENT, BENEVOsession, who objected to the production of LENT, and CHARITABLE INSTITUTIONS AND those comprised in the 2nd and 3rd scheSOCIETIES are formed and may be formed for dules to his affidavit, on the ground they the purpose of relieving the PHYSICAL WANTS were privileged communications between AND NECESSITIES OF PERSONS IN POOR him and Mr. J. R. Mullings and Messrs. CIRCUMSTANCES, OR FOR IMPROVING THE Mullings, Daubeny, and Chubb, solicitors, DWELLINGS OF THE LABOURING CLASSES, of Cirencester, as his advisers and solicitors, or FOR GRANTING PENSIONS, or for PRO

VIDING HABITATIONS FOR THE MEMBERS

and were all written and sent either in conOR OTHER PERSONS ELECTED BY THEM, templation of or since the institution of the and it is expedient to afford protection to the suit. At the time the letters were written funds thereof: Be it enacted, that if two copies by Mr. Mullings he had ceased to practise of the rules of any such institution or society, as a solicitor, but by arrangement his name and from time to time the like copies of any still remained in the firm. The plaintiff alterations or amendments made in the same, deposed, that at the time the letters were signed by three members and the secretary written he was not aware Mr. Mullings had thereof, shall be transmitted to the registrar ceased to practise. aforesaid, such registrar shall, if he shall find that the same are not repugnant to law, give a certificate to that effect; and thereupon the following sections of this Act, that is to say, the SEVENTEENTH, EIGHTEENTH, NINETEENTH, TWENTIETH, TWENTY-FIRST, and TWENTY-SECOND, FORTIETH, FORTY-FIRST, FORTY-SECOND, and FORTY-THIRD, shall extend and be applicable to the said institution and society, as fully as if the same were a society established under this Act; s. 11.

The Master of the Rolls said,—

"I am of opinion that these letters are privileged. It is objected in the first place that Mr. Mullings was not a solicitor at the time they were written, and that they do not come within the rule. The question is, whether these communications are privileged, or whether the plaintiff is bound to disclose them. Now, free communication between a client and his solicitor is allowed and protected, and the plaintiff in this "The trustees of friendly societies esta- case swears that he was not aware that Mr. blished UNDER THIS Act OR UNDER ANY OF Mullings was not a solicitor at the time, and THE REPEALED ACTs, or the officer thereof though Mr. Mullings had ceased to practise, appointed to prepare returns, shall, once in still his name remained in the firm. Is the every year, in the months of JANUARY, FEB- privilege then of the plaintiff to communicate RUARY, or MARCH, transmit to the registrar with his solicitor in the fullest manner dea general statement of the funds and effects of stroyed under these circumstances? I am of such society during the past twelve months, or opinion that the fact of Mr. Mullings not a copy of the last annual report of such so- being a solicitor at the time does not destroy ciety, and shall also, within THREE MONTHS the privilege. If it did, the consequences AFTER THE EXPIRATION OF THE MONTH Would be very serious, and the privilege would OF DECEMBER, ONE THOUSAND EIGHT in every case be liable to be destroyed, for HUNDRED AND FIFTY-FIVE, and so again though a sclicitor at the time of his employwithin three months after the expiration of ment by a client might be duly qualified, and every five years succeeding, transmit to the communications between him and his client said Registrar a return of the rate or amount of sickness and mortality experienced by such society within the preceding FIVE years, in such form as shall be prepared by the said registrar, and an abstract of the same shall be laid before Parliament; and the registrar shall also lay before Parliament every year a report of his proceedings, in his office of registrar, and of the principal matters transacted by friendly societies which have come under his cognizance during the past year; s. 45."

therefore within the rule, yet if the solicitor forgot during the progress of the cause or matter to take out his certificate, the privilege would be gone, and he would have to disclose everything that took place between him and the client in the meantime, though the client knew nothing of the disqualification. In my opinion, the result would be to defeat the operation of the rule, the object of which is to allow the fullest and most unreserved communication between the client and his solicitor. If, indeed, a client knows that the person with whom he communicates is not and cannot act as a solicitor, of course the communications