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and in default of such distress being found, it shall and may be No. 1. lawful to commit such person to the gaol or House of Correction, Act 5 W.4, to be kept to hard labour for any period not exceeding six months, at the discretion of such Justices : Provided, that nothing herein contained shall be construed to prevent any such society from proceeding against such offender, by way of indictment, instead thereof.
XIX. That any such society shall not be dissolved by any gene- Societies, how ral meeting or otherwise, without the consent of five-sixths, in value, dissolved. of the members belonging thereto; to be ascertained as hereinafter mentioned ; and of all persons then receiving or entitled to receive relief from such society, to be testified under their hands; and for the purpose of ascertaining the votes of such five-sixths, every member shall be entitled to one vote, and an additional vote for every five years he has been a member ; but not to have more than five votes : and that in all cases of dissolution, the intended appropriation of the stock of such society shall be distinctly stated in the proposed plan of dissolution, prior to such consent being given ; and that no such society shall direct, by any rule, the division or distribution of such fund, otherwise than to carry into effect the general purposes of such society; and all the rules for the dissolution of any such society, without such consent as aforesaid, shall be void; and that in the event of such division or mis-appropriation, the trustee, or other officer aiding or abetting therein, shall be liable to the penalty before provided in cases of fraud.
XX. That all such societies shall make rules, specifying whether Disputes, how matters in dispute between the society and a member are to be re- to be settled. ferred to a Justice of the Peace, or to arbitrators; and if to the latter, they shall be elected at the first meeting of the society after the enrolment of its rules, none of them being interested in the funds of the society; and a certain number, not less than three, shall be chosen by ballot in each case of dispute ; and any Justice of the Peace is hereby empowered to enforce compliance with the decision of such arbitrators, by the usual method.
XXI. That if the rules of any such society shall direct such dis- Power of Jusputes to be decided by Justices of the Peace, any Justice is hereby tices of the empowered to summon the person against whom complaint is made, Peace. and hear and determine the said complaint according to such rules; and in case any sum of money be awarded, the payment thereof shall and may be enforced as before directed.
XXII. That any sentence, order, or decree of any Justice or their order to Justices under this Act shall be final and conclusive.
be final. XXIII. That the whole or any part of the funds of any such Funds may be society may be subscribed into any savings' bank, now or to be here- invested. after established, or invested in the public securities of the Colony.
XXIV. That it shall and may be lawful for minors to become Minors may be members of such societies, and have authority to act and become members, legally responsible : Provided, that such minor be admitted into such society with the consent of his parents or guardians, or of some Justice of the Peace.
XXV. That the rules of every such society shall provide for the Annual statemaking of an annual statement of the funds to the members, to be ment of funds attested by two auditors, and countersigned by the secretary ; and to be that every member of such society shall receive a copy of such statement, on the payment of a sum not exceeding sixpence.
* Currency. See note ante, p. 41.
o be made.
No. 1. XXVI. That the word “Society” in this Act shall be underAct 5 W. 4, stood to include all societies or associations of persons who may c. 40. conform strictly to the provisions of the same ; and that the word
« Rules” shall be understood to include orders and regulations, and Construction of the words
so forth. “Society's Rules.”
No. 2. Act 10 Vic.
No. 2.-10 Vic. ch. 29. An Act to amend an Act of the General
Assembly of the Bahama Islands relating to Friendly Societies.
(25th March, 1847.) HEREAS, it is expedient that the purposes for which a society
may be established under the provisions of the Act of the General Assembly of the Bahama Islands, passed in the fifth year of the reign of His late Majesty, entitled, “An Act for the protection and encouragement of Friendly Societies, and for preventing Fraud and Abuses therein,” should be better defined, and that the said Act should in other respects be amended ; May it, &c., That societies may be established under the provisions of the aforesaid Act, for any of the following purposes (that is to say) :
1st. For the relief, maintenance, or endowment of the members, their husbands, wives, children, kindred, or nominees, in infancy, old age, sickness, or widowhood.
2nd. Toward making good any loss sustained by the members by fire, flood, or shipwreck, or by any contingency whereby they shall have sustained any loss or damage of their live or dead stock, or goods, or stock in trade, or of the tools or implements of their trade or calling.
3rd. For the frugal investment of the savings of the members, for better enabling them to purchase food, clothes, or other necessaries, or the tools or implements of their trade or calling, or to provide for the education of their children or kindred : Provided always, that the shares in any such investment society shall not be transferable, and that the investment of each member shall accumulate or be employed for the sole benefit of the member investing, or the husband, wife, children, or kindred of such member, and that no part thereof shall be appropriated to the relief, maintenance, or endowment of any other member or person whomsoever, and that the full amount of the balance due, according to the rules of such society, to such member shall be paid to him or her, on withdrawing from the society.
4th. For any other purpose which shall be certified to be legal by Her Majesty the Queen's Advocate for the Colony, and which shall be allowed by the President in Council, as a purpose to which the powers and facilities of the said Act ought to be extended.
II. That every Friendly Society established before the passing of this Act, under the authority of the hereinbefore recited Act, shall be subject to the provisions of this Act, and the rules of every such society shall, if the same is established in the Island of Grand Turk, within thirty days after the passing of this Act, and if established in any other island of the Government within three months after the passing of this Act, be submitted for approval to the Governor, and it shall be lawful for the Governor to disallow any and every rule of any such society, which may be repugnant to the pro
Former Friendly Societies subject to the provi. sions of this Act.
visions of this Act; and every rule so disallowed shall, from the No. 2. period of such disallowance being notified in writing to the society, Act 10 Vic. cease to have any force or validity whatever, any, its previous con- c. 29. firmation to the contrary notwithstanding.
III. That from and after the passing of this Act all new, altered, Rules to be or amended rules of any society established, or hereinafter to be submitted for established in this colony, under the provisions of the hereinbefore approval to the
orernor. recited Act or of this Act, shall be submitted for approval to the President, and such rules shall have no force or effect whatever until the President's approval thereof shall be signified in writing to such society, anything contained in the hereinbefore recited Act to the contrary notwithstanding.
IV. That any member of a Friendly Society, the rules of which Provision as to do not prescribe the time when or the conditions on which mem- members de
sirous of withbers shall be allowed to withdraw themselves, shall be allowed to a
drawing. withdraw himself or herself at any time from such society, on giving written notice to the secretary or other proper officer of the society, of his or her intention to do so, and on payment of all arrears due by sach member; but after giving such notice as aforesaid, no member shall be entitled to have any benefit from the funds of the society, or be liable to any further subscription or payment other than the amount of the arrears due from him or her at the time of giving such notice.
V. That every society established under the authority of the here- Periodical reinbefore recited Act or of this Act shall transmit or cause to be trans- turns of assets
and disbursemitted quarterly to the office of the Secretary of the colony a
ments to be return in detail of the assets, disbursements, receipts, and liabilities
made to the of such society; all which returns shall be made up to the thirty- Secretary of first day of March, the thirtieth day of June, the thirtieth day of the Colony by September, and the thirty-first day of December in each year, and al
Societies. shall be transmitted by every society in the Island of Grand Turk direct to the Secretary of the colony within thirty days after the close of the quarter for which such return is made up, and by every society established at an Out Island of the Government to the Stipendiary Magistrate of the district within the like period, to be by such magistrate forwarded to the Secretary of the colony with all convenient despatch.
VI. That the President and Treasurer, or other principal officer President and intrusted with the management of the funds of such society, shall be Treasurer to the persons who shall be respectively bound to make, or cause to be be the officers
to transmit remade, and to transmit to the Secretary's office, or the Stipendiary turns of assets, Magistrate, as the case may be, the said return of assets, disburse- &c. ments, receipts, and liabilities; and every such person who shall refuse, or wilfully neglect to make or cause to be made, or to send the said returns at the time and in the manner prescribed by this Act, shall be liable to a penalty not exceeding the sum of Five pounds, to be recovered, with costs, before any two Justices of the Peace having jurisdiction where such society shall have its place of meeting; and on non-payment thereof, the same, with the reasonable costs of conviction, shall be levied by distress and sale of the goods and chattels of the offender or offenders, by warrant under the hand and seal of such Justices.
VII. That the Stipendiary Magistrates of the colony shall be Stipendiary official Auditors within their respective districts of the accounts of Justices official
auditors, all societies established under the authority of the before-mentioned au
No. 2. Act or of this Act, and shall audit all such accounts at least once in Act 10 Vic. every three months, and for such purpose shall have full power and
authority to require the officers of such society to produce before them the books of such society and all necessary vouchers and other papers; and every officer of such society who shall refuse or wilfully neglect to produce any book, voucher, or paper required for the purposes aforesaid by any such Stipendiary Magistrate, shall be liable to a penalty not exceeding the sum of five pounds, to be recovered with costs before any two Justices of the Peace having jurisdiction where such society shall have its place of meeting ; and on non-payment thereof, the same, with the reasonable costs of conviction, shall be levied by distress and sale of the goods and chattels of the offender or offenders, by warrant under the hand and seal of
such justices. Funds of
VIII. That all moneys received by the Treasurer or other prinFriendly So
cipal officer intrusted with the funds of any such society established cieties to be deposited in in the Island of Grand Turk shall be paid into the Public Bank as Bank.
the same are received, and the quarterly balances of every society established at any other island shall be paid into the said Bank as soon as practicable after the expiration of each quarter; and such moneys shall only be drawn out of the said Bank by checks signed by the President and Treasurer, or other officer as aforesaid, of such society, and countersigned by the Official Auditor; and any Treasurer or other officer as aforesaid who shall refuse or wilfully neglect to pay the moneys received or remaining in his possession into the said Bank, in conformity with the provisions of this clause, shall forfeit and pay double the amount of the sum or sums of money which such Treasurer or other officer should by right have paid into the said Bank, to be recovered with costs before any two Justices of the Peace having jurisdiction where such society shall have its place of meeting; and on non-payment thereof, the same, with the reasonable costs of conviction, shall be levied by distress and sale of the goods and chattels of the offender or offenders, by warrant under the hand and seal of such Justices, the amount of which forfeiture shall be paid into the Public Bank aforesaid, for the benefit of the society of which such person is an officer.
IX. Defines the meaning of the word President. Appropriation X. That the net amount of all fines, penalties, and forfeitures of fines.
incurred under this Act shall, except where otherwise specially directed by this Act, be paid into the Public Treasury of these islands
in aid of the expenses of this Government. Interest allowed XI. That it shall be lawful for the cashier of the said Public at Bank with Bank, and he is hereby required to credit and allow to every society out reference established under the authority of the said hereinbefore-mentioned to period of deposit.
Act or of this Act, interest at the rate of four and a half per centum per annum on all moneys paid by any such society into the said Bank for such period as any such moneys may remain deposited in the said Bank, notwithstanding the same may not be deposited for any fixed period; any law, rule, or practice, to the contrary notwithstanding.
WILLS AND ESTATES OF DECEASED PERSONS.
No. 1.450 Geo. 3, ch. 4. An Act for regulating the distribution No. 1.
of the goods and effects of Children dying intestate, without Act 50 G. 3, Wife or Children, after the death of the Father, and in the C. 4. lifetime of the Mother of such Children 80 dying intestate.
(November 3rd, 1809.) NHEREAS, by the seventh clause of an Act of Parliament, PREAMBLE.
made and passed in the first year of the reign of King James the Second, entitled, “ An Act for reviving and continuing several Acts of Parliament therein mentioned,” it is enacted that if after the death of a father, any of his children shall die intestate without wife or children in the lifetime of the mother, every brother and sister, and the representatives of them, shall have an equal share with her : And whereas, it is necessary and expedient that the distribution of the effects of children dying intestate should be regulated in the same manner in these His Majesty's Turks and Caicos Islands as in England ; May it, &c., that from and after the passing of this Act, if any child or children of a deceased father Distribution of shall die intestate, without wife or children, in the lifetime of the estates of chil, mother, every brother and sister, and the representatives of them, in shall have an equal share with her of the goods, effects, and personal property of the child or children so dying intestate ; any law, usage, or custom to the contrary notwithstanding.
in certain cases.
No. 2.-53 Geo. 3, ch. 6. An Act for regulating the charges of No. 2.
Executors, Administrators, and Guardians, and for other Act 53 G. 3, purposes therein mentioned. (November 27th, 1812.)
c. 6. THEREAS, it has been usual in these islands for executors, PREAMBLE. V administrators, and guardians, to charge a commission of Five pounds per centum, on the amount of all sums received by them in the execution of their trust, as a compensation for their trouble and responsibility ; and the same appears reasonable, and it is fit should be established by law; May it, &c., That from and after Executor's the passing of this Act, all executors, administrators, and guardians, charges regilintrusted with the management of estates belonging to deceased lated. persons, or minors, shall be allowed and entitled to charge for their care and trouble, over and above all actual and necessary expenditures, a commission of Five pounds per centum on the amount of all sums which shall come into their hands, or be collected or received in the execution of their trust; And whereas, from the local situation of these islands, and the difficulty of enforcing payment of debts from persons residing in detached situations, it would frequently tend to the interest of the estate of deceased persons were their representatives authorized to submit accounts and differences to arbitration, and to compound for the same : Be