7 & 8 V., c 15. Amending the Laws relating to Labour in Factories.

provided, or who, when required by any inspector, fails to produce the certificate of such attendance; and the husband of any woman employed during the night, who wilfully connives at the same, shall be liable to a penalty of not less than 5s., and not more than 208., for each offence.

Sect. 42.-Every occupier of a print-work, in which an inspector or sub-inspector is obstructed in the night, by any attempt to prevent his making a full and complete examination of all parts of the print works, and of every person employed therein, shall be liable to a penalty of not less than 207. and not more than 50%.

FISH, FISHERIES.

THE preservation of fish generally is provided for by the 1 El. c. 17; 3 J. 1, c. 12; 1 G. 1, St. 2, c. 18; the preservation of salmon in rivers by the 13 E. 1, C. 47; 13 R. 2, St. 1, c. 19; 17 R. 2, c. 9; 1 El. c. 17; 30 C. 2, St. 1, c. 9 4 & 5 A. c. 21; 1 G. 1, St. 2, c. 18; 23 G. 2, c. 36; 37 G. 3, c. 95; 43 G. 3, c. LXI; all amended and extended by 58 G. 3, c. 43; so the sale of fish is regulated by the 10 & 11 W. 3, c. 24; 22 G. 2, c. 49; 29 G. 2, c. 39; 33 G. 2, c. 27; 2 G. 3, c. 15; 30 G. 3, c. 54; 36 G. 3, c. 118; 42 G. 3, c. 19; the taking, exportation, and importation of fish is regulated by different statutes relating to the herring, pilchard, cod, whale, &c. fisheries, for which see Dig. Part I., tit. FISH, FISHERIES; also the 6 & 7 V. c. 79, INFRA.

6 & 7 V., c. 79. Fishery in the Seas between the British Islands and France. Sect. 1.-After reciting a convention between H. M. and the King of the French for the purpose of defining the limits of the oyster fishery between the Island of Jersey and the neighbouring coast of France, and also the limits of the exclusive right of fishery on all other parts of the coasts of the British Islands and France, It is enacted, that the articles of the said convention shall be binding on all persons, and shall have the force of law, as fully as if they were herein severally and specially enacted. Sect. 2.-After reciting that, by the said convention, the French fishermen are forbidden to fish in the seas, between the British Islands and France, within the distance of three miles from low-water mark, but are not forbidden to fish anywhere beyond the said distance of three miles, and also that by the 13 & 14 C. 2, c. 28, the taking of fish in the manner therein mentioned is forbidden, unless it be at the distance of one league and-a-half, at least, from the shores of Devon and Cornwall respectively, it is enacted that, after the passing of this Act, the recited Act shall be construed as if, instead of the distance of one league and-a-half, the distance specified in the said convention had been therein inserted and specified as the distance within which such taking of fish as is therein mentioned is forbidden, that is to say, the distance of three geographical miles (of which sixty make a degree of latitude), which distance shall be reckoned from lowwater mark, except in bays the mouths of which do not exceed ten geographical miles in width; and for such bays shall be reckoned from a straight line drawn from low-water mark off one headland to low-water mark off the other headland of such bays respectively.

Sect. 3. And the Lords of the Committee of H. M.'s Privy Council appointed for trade and foreign plantations may, when they think fit, appoint as many persons as they may think necessary to insure the due execution of the said convention, and every person so authorized may, at all reasonable times, upon producing his authority, if required, board or enter upon and examine every British vessel, and examine the nets and implements of fishing thereunto belonging or used therewith, and if any be found in contravention of the said articles they shall be forfeited to H. M., and the person in whose possession they are found shall, on conviction, be liable to a penalty of not less than 8s., or more than 37., or be imprisoned, with or without hard labour, for any time not less than two days, and not longer than ten days, and if convicted more than once for the same offence, he shall be liable to a penalty of not more than 67., or be imprisoned for not longer than twenty days.

Sect. 4.-The Board of Trade is hereby empowered from time to time to make such rules and regulations as to them may seem expedient for the more effectual performance of the said convention, and may also vary the same, and substitute others in their stead ;

6 & 7 V., c. 79.

Fishery in the Seas between the British Islands and France.

and may, in all cases where no penalty is fixed by this Act, or the said articles, impose any penalty not exceeding 51., for any breach of the said rules and bye-laws, and may direct that all nets or implements of fishing whatsoever, used contrary to any of such rules shall be forfeited, destroyed, or removed, as the case may require; provided always, that all such rules shall be approved by H. M., with the advice of Her Privy Council, and, when so approved and confirmed, shall be binding on all persons as if the same had been enacted; and (Sect. 5) the said rules and bye-laws, when approved as aforesaid shall be printed, and a copy of the same shall be deposited with the clerk of the peace for each county adjoining the seas, in which such rules and bye-laws are proposed to be enforced, and in the Islands of Guernsey, Jersey, Sark, Alderney, and Man, and with all the collectors of the customs and coast-guard officers, at the different stations, and in such and so many places as to the said board shall seem fit, and printed copies shall be provided, and sold at a price not exceeding one shilling for each copy; and notice both of the publication of the same, and the places where the same may be bought, shall be given for three calendar months subsequent to the publication thereof in such of the metropolitan and provincial newspapers as the said board may appoint; and for the purpose of convicting any person offending against the said rules, a copy of the same obtained from the office of the clerk of the peace, and certified by him to be a true copy, shall be taken as evidence of such rules.

Sect. 6. After reciting the 5 & 6 V., c. 106, for regulating the Irish fisheries, it is enacted that such board, with the approval of H. M. as aforesaid, may suspend the operation of the said articles, with respect to the fisheries on the coast of Ireland, so long as such fisheries are carried on exclusively by the subjects of H. M.; and may also, with the like approval, make such bye-laws for enforcing the said articles on the coast of Ireland, as soon as the same is frequented for the purpose of fishing by French fishermen.

Sect. 7.-All rules and bye-laws shall be laid before Parliament within six weeks after approval thereof by H. M., or within six weeks next after the meeting of Parliament, and (Sect. 8) so much of 5 & 6 V., c. 106, as provides that the commissioners of public works in Ireland shall divide the coast into districts, for the purpose of keeping a registry of vessels engaged in fishing on the said coast shall be repealed; and the collectorships of customs on the coast of Ireland shall be substituted for districts; and the number, marks, and letters, by which all British vessels engaged in fishing between the coasts of the U. K. and France are to be distinguished, shall be in conformity to the said articles; and the registry shall be under the superintendance of the commissioners of H. M.'s customs.

Sect. 9.-The officers and men of H. M.'s cruisers and of the revenue and coast-guard service, and such other persons as may be appointed in manner aforesaid, are hereby empowered to go on board any British vessel employed in fishing, for the purpose of examining the same as is hereinbefore provided; and (Sect. 10) every person assaulting or wilfully obstructing the person so authorized to enforce the execution of the said articles in the execution of his duty, shall, on conviction before a magistrate by the oath of any credible witness, or upon his own confession, be liable to a penalty of not more than 5l., or to be imprisoned, with or without hard labour, for any time not exceeding twenty-one days; and (Sect. 11) all offences against this Act may be heard and determined by any magistrate having jurisdiction in any place adjacent to the waters wherein the offence was committed; and (Sect. 12) offences committed by French subjects within the British limits shall be punishable before such magistrate, who shall award the payment of any penalty, not exceeding 10%., as he shall think fit, and in default of payment, or in lieu of awarding any pecuniary penalty, such magistrate may order the vessel to be detained for any period not exceeding three months; and (Sect. 13) whenever any French subject charged with any transgression against the said convention is brought into any British port pursuant to the sixty-fifth article, in order that the offence may be duly established, such person may be brought before a magistrate who may inquire by all lawful ways into the case, and a copy of the depositions, authenticated under the hand of the collector of the customs, shall be sent to the British consular agent residing in the port to which the offender's boat belongs; and (Sect. 14) in all cases where a breach of any of the said articles by any French subject has caused any loss to any other party, the magistrate may award compensation to the injured party, and enforce the payment of the same in like manner as the payment of any pecuniary penalty.

Sect. 15. Whenever any fishing boat, rigging, gear, or any other appurtenance of any fishing boat, or any net, buoy, float, or other fishing implement, has been found or picked up at sea and brought into a British port, and is not forthwith delivered to the collector of the customs pursuant to the sixty-first article, any magistrate may, on the

1

6 & 7 V., c. 79. Fishery in the Seas between the British Islands and France.

application of the said collector, issue his warrant for delivering the same to the col-
lector, who shall deliver the same to the owner thereof or his representative, on pay-
ment to him, for behoof of the salvors, of such compensation as the collector shall
award pursuant to the sixty-second article.

Sect. 16.-No conviction shall be quashed, or adjudged void for want of form only, nor
removable by certiorari or otherwise, but shall be final to all intents, except it be re-
versed on appeal as hereinafter provided; and (Sect. 17) any person thinking himself
aggrieved may appeal to the next quarter sessions, if not to be holden within twenty-
one days after such conviction, otherwise to the next but one: Provided that such
person enters into a recognisance with two sufficient sureties conditioned personally to
appear at the session to try such appeal, and abide the judgment of the court, and pay
such costs as shall be awarded, and the magistrate may bind over the witnesses to
attend at the hearing of the appeal, and every such witness shall, on producing the
certificate of his being so bound, be allowed compensation for his time, trouble, and
expenses, in attending the appeal, which compensation shall be paid in the first instance
by the treasurer of the county or borough under the 7 Geo. 4, c. 64, and if the appeal
be dismissed and the conviction affirmed, the reasonable expenses of all such witnesses
to be ascertained by the court shall be repaid to such treasurer.

Sect. 18.-The words "British vessel" shall be construed to mean every British or Irish fishing vessel, and also every fishing vessel belonging to any of the islands of Guernsey, Jersey, Sark, Alderney, or Man, or any of the islands thereunto belonging, and the words "British port" shall mean any port of G. B. or Ireland, or any of the said islands.

FRIENDLY SOCIETIES.

Synopsis of the Statutes.

THERE were several statutes relating to Friendly Societies prior to the 10 G. 4, c. 56, (see Dig., Part II., p. 653) the provisions of which were consolidated by this last-mentioned Act, and still further amended and extended by the 4 & 5 W. 4, c. 40, the 3 & 4 V., c. 73, (see Dig., Part II., p. 667), and last of all, by the 9 & 10 V., c. 27, for which see INFRA.

9 & 10 V., c. 27.

Amending the Laws relating to Friendly Societies.

Sect. 1.-After reciting the 4 & 5 W. 4, c. 40, and 10 G. 4, c. 56, it is enacted that a
society may be established under the provisions of the said Acts, for any of the follow-
ing purposes; that is to say:

1.-For the lawful insurance of money to be paid on the death of the members to their
husbands, wives or children, kindred or nominees, or for defraying the expenses of
the burial of the members, their husbands, wives or children: Provided that no
person under the age of six shall be allowed to become a member of such society,
and that no insurance shall be effected on the life of any child under six years of
age.

2. For the relief, maintenance, or endowment of the members, their husbands, wives,
children, kindred or nominees, in infancy, old age, sickness, widowhood, or any
other natural state, of which the probability may be calculated by way of average.
3.-Toward making good any loss sustained by the members by fire, flood, or ship-
wreck, or by any contingency, of which the probability may be calculated by way of
average, 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.

4. For the frugal investment of the savings of the members, for better enabling them
to purchase food, firing, 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
with or without the assistance of charitable donations: Provided always, that the
shares in 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

PART IV.

9 & 10 V., c. 27. Amending the Laws relating to Friendly Societies.

on withdrawing from the society, and that no such last-mentioned society shall be entitled to invest its funds or any part thereof, with the commissioners for the reduction of the national debt.

5.-For any other purpose which shall be certified to be legal in England or Ireland by H. M.'s attorney or solicitor-general, and in Scotland by the lord advocate, and which shall be allowed by one of H. M.'s principal secretaries of state as a purpose to which the power and facilities of the said Acts ought to be extended: Provided that the amount of the sum or value of the benefit to be assured to any member, or any person claiming by or through him or her, by any society for any purpose so certified and allowed as hereinbefore mentioned, shall not exceed in the whole 2007., and that this limitation shall be inserted in the rules of every society established for any such purpose, and no such last-mentioned society shall be entitled or allowed to invest its funds or any part thereof with the commissioners for the reduction of the national debt. Sect. 2.-Any member of a friendly society, the rules of which do not prescribe the time when, or the conditions on which members shall be allowed to withdraw themselves, shall be allowed to 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 so to do, and on payment of all arrears due by such 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 arrears as aforesaid.

Sect. 3.--When a society is formed under the provisions of the said Acts, or this Act, for any purpose in addition to that of providing relief, maintenance or endowment, in case of infancy, old age, sickness, widowhood, or other natural state as aforesaid, the contributions or payments for every such purpose shall be kept separate from the charges defrayed by extra subscriptions of the members, at the time such contingencies take place.

Sect. 4.-The rules of every friendly society established after the passing of this Act shall provide that a book or books be kept, in which all monies received or paid on account of any particular fund or benefit for which the rules of the society provide, shall be entered in a separate account, distinct from the monies received and paid on account of any other benefit or provision.

Sect. 5.-The returns of the rate of sickness and mortality required by law to be sent by every friendly society at intervals of five years to the barrister or advocate by whom the rules of the society may have been certified, shall be henceforth sent to the registrar of friendly societies in England, Scotland, and Ireland, respectively, according to such form as shall be prepared for that purpose by the said several registrars, under the direction of one of H. M.'s principal secretaries of state, and with every such return shall be sent a report of the assets and liabilities of such society; and this provision shall be inserted in the rules of every society which shall be established after the passing of this Act.

Sect. 6.—The treasurer, trustees, stewards, or other principal officer of every such society, who by the rules of the society are bound to prepare, or cause to be prepared, the yearly general statement of the funds and effects of such society, shall be the persons respectively bound to make or cause to be made, and sent to the registrar of friendly societies the said returns of the rate of sickness and mortality, or the said report of the assets and liabilities of such society, and every such person refusing or neglecting to make or send the said returns at the time and in the manner prescribed by the said Acts or this Act, shall be liable to a penalty not exceeding the sum of 57., 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 by warrant under the hand and seal of such justices. Sect. 7.-Any friendly society established before the passing of this Act for any purpose hereinbefore specified, or for any legal purpose which shall be certified and allowed as is hereinbefore provided, and shall not have been adjudged not to be within the provisions of the first-recited Act by any court of competent jurisdiction, shall be deemed to have been within the provisions of the said Act from the time at which the rules thereof have been or may be certified or allowed by the barrister or advocate appointed to certify the rules of friendly societies.

Sect. 8. So much of the 10 G. 4, c. 56 ; and 4 & 5 W. 4, c. 40, as specifies the objects or purposes for which a society may be established, or gives to any court of sessions of the peace any power of confirming and allowing the rules of any such friendly society,

9 & 10 V., c. 27. Amending the Laws relating to Friendly Societies.

rejected or disapproved by the barrister or advocate appointed to certify the rules of friendly societies shall be repealed: Provided always, that such repeal shall not exclude from the benefit of the said Acts any society legally established according to the provisions of the same, the rules of which were certified and enrolled before the passing of this Act.

Sect. 9.-The provisions of 39 G. 3, c. 79; and 57 G. 3, c. 19 (see post, tit. SEDITIOUS MEETINGS) shall not extend to friendly societies, or to any meetings of the members thereof; and (Sect. 10) after the passing of this Act the barrister or advocate appointed to certify the rules of friendly societies shall be styled the registrar of friendly societies in England, Ireland, and Scotland, respectively, and shall be appointed by the commissioners for the reduction of the national debt, and shall hold his office during the pleasure of the commissioners, and such registrar in England shall be paid by salary instead of fees, and the salary to every such registrar to be hereafter appointed shall not be greater than 8007. by the year, and if he die, resign, or is removed in the interval between two quarterly days of payment, he shall be entitled to a proportional part of such salary. Sect. 11.-The commissioners of H. M.'s Treasury may allow such registrar in England to retain out of the fees received by him for certifying the rules of friendly societies, and for making awards and other proceedings as hereinafter provided, such sum as will defray the salary due to him, and also such sum as will defray the expenses from time to time allowed by the said commissioners for office rent, salaries of clerks, stationery, and other expenses incident to the execution of his office, and the balance, if any, shall be paid over to the account of the consolidated fund of the U. K., and the said commissioners shall regulate the manner in which such fees are to be received, kept and accounted for, and if in any year they be not sufficient to defray salaries and expenses, the deficiency shall be paid out of the said consolidated fund.

Sect. 12.-So much of the 10 G. 4, c. 56, as requires transcripts of the rules to be filed with the clerk of the peace shall be repealed, and all such transcripts as are now so filed, shall be taken off the file and returned to the registrar, who shall keep all rules so returned, and one transcript of all rules certified by him.

Sect. 13.-After the passing of this Act the registrar of friendly societies in England, Scotland, and Ireland, shall not certify the rules of any friendly society hereafter to be established for the purpose of securing any benefit depending on the laws of sickness or mortality, unless such society adopt a table certified by any person who has been an actuary to some life insurance company in London, Edinburgh, or Dublin; and the name of the actuary by whom any such table has been certified shall be set forth in the rules, and printed at the foot of all copies of such table printed for the use of the society.

Sect. 14. Whenever any person seised or possessed of any lands, tenements, or hereditaments or other property, or any estate therein as a trustee, and is out of the jurisdiction of the High Court of Chancery, or Court of Exchequer in England or Ireland, or the Court of Session or Sheriff Court in Scotland, or is of unsound mind, or it is unknown whether he be living or dead, the registrar in England, Ireland, or Scotland, may, on behalf and in the name of the person so seised or possessed, convey, surrender, release, assign, or otherwise assure the said lands or other property to the person duly nominated as trustee, and such conveyance or other assurance shall be as valid as if the same had been executed by such trustee.

Sect. 15.-Every dispute between the trustees or managers of any friendly society, and any member or officer thereof, or any executor, administrator, or next of kin of any such trustees, member or officer, or any creditor or assignee of any trustee, manager, member, or officer of any such society who may become bankrupt or insolvent, or any person claiming to be entitled as executor or otherwise to any money paid to such society, or to any benefit arising therefrom, or with respect to the management of the affairs of such societies, for the settlement of which, according to the laws now in force, recourse must be had in England or Ireland to one of H. M.'s superior courts of law or equity, and in Scotland to the Court of Session, or Sheriff Court, may be referred in writing to the registrar, and where the value of the subject-matter in dispute does not exceed 201., every such dispute shall be so referred, unless in England or Ireland H. M.'s attorney or solicitor-general, or in Scotland the lord advocate, certify in writing under his hand that such dispute ought to be decided by the judgment of a superior court, and the said registrar shall have power to proceed ex parte on notice in writing to the said trustees or managers left or sent by the said registrar to the office of the said institution, or to the last known place of residence of such trustees, members, or officers; and whatever award, order or determination shall be made by the said registrar