CHAPTER VIII.

OF FRIENDLY SOCIETIES.

FRIENDLY Societies were first established by mutual consent of the subscribers, and afterwards protected by parliament in 1793, by 33 Geo. III. c. 54. for the purpose of raising, by voluntary contributions of the members, separate funds, for the mutual relief and maintenance of the members in sickness, old age, and infirmity; these were the motives which actuated the parties—the legislature saw that they were likely to promote the happiness of individuals, and to lessen the public burthens,

They were authorised, therefore, to proceed to assemble, to make rules, and to choose a committee; their regulations being submitted to the justices at their quarter sessions, in order to attain validity. They may appoint officers to carry into effect the purposes of their institution; and their treasurer or trustees are to give security for fidelity to keep proper minutes of their proceedings, and to invest the surplus of their receipts in the public funds, for the use of the society. Unfaithfulness of the treasurer or trustees is subject to the investigation and discretionary order of courts of equity, who are to appoint a clerk of their courts to carry on any petition for that purpose, without fee.

So favourable to this institution was the legislature, that by sec. 10. it is directed, that if any officer of the society entrusted or having in his hands any monies, securities, or effects belonging to the society at his death, or bankruptcy, or insolvency, his representatives or as

signees

signees shall, within forty days after demand made, by order of the major part of the society, assembled at any meeting thereof, deliver and pay the same to such person as they shall appoint, before any of his other debts are paid or satisfied; and all such assets and effects shall be bound for the payment thereof.

All the societies' effects are vested in their treasurer, who may sue and be sued, and no such suit shall abate by his death.

Before the rules are confirmed at the sessions, the society shall declare all the intents and purposes for which such society is intended to be established; and direct the uses to which their money shall be applied, and in what shares, and under which circumstances any member or other person shall become entitled thereto. And the society shall not be dissolved so long as the intents declared thereby, or any of them, remain to be carried into effect, without the consent of 5-6ths of the then existing members, and of all persons then receiving or being entitled to relief; nor shall the society direct the stock to be otherwise applied.

Sec. 14. They may receive donations of any persons towards the supply of their stock or fund, to be applicable to the same general purposes as the contributions of its members, and not in any other manner.

And by sec. 15. two justices are vested with power to hear, and finally to determine all grievances. Sec. 16. Except where the rules appoint an arbitrator. The members are not to be removeable from the parish, until actually chargeable, and this under certain regulations.

This being finally declared to be a public act, and to receive donations constitutes these societies to be public charities.

1 Eden's State

601.

In 1795, by 35 Geo. III. c. 111. a further time was extended for friendly societies to exhibit their rules to the Michaelmas quarter sessions of 1796. And there being several charitable institutions and societies for relieving, by contributions and benefactions, widows and orphans, and families of the clergy and others in distressed circumstances, which had funds that they wished to invest in public securities, under the management of a treasurer, to give stability thereto, it became necessary that their property should be secured by authority of parliament. The governors, &c. of any institution for such purpose are authorised to frame rules for the management and distribution of their funds, and to alter them as occasion should require, which are to be submitted to the justices for confirmation within the time above-limited, that they may appoint a treasurer, who shall give security, and be entitled to all the benefits of the foregoing act.

This act effectually removed many difficulties which of the Poor, friendly societies were subject to, whenever they chose to avail themselves of the benefits held out to them by the legislature. Before this act passed it frequently happened that the minority of a club (which by the rules was often competent to make laws) expelled all the absent members on slight pretences, in order to favour the views of some interested ale-house keeper.

Persons thus injured were left without the means of redress. The inability to sue and be sued (which numer ous bodies of men having one common interest often feel, but which probably was not much felt by friendly societies) was also effectually removed; and the clubs can now, if it should be necessary, easily enforce payment from the officers to whom they have entrusted their funds. Another great and essential advantage conferred on such of these institutions as had their rules confirmed

by

by the justices was, the privilege of carrying on their occupations and trades in the most convenient place, without being subject to be removed to their legal settlement. This encouragement, however, is in a great

measure done away by the act passed in 1795, for pre- 35 G. 3. c. 101. venting the removal of poor persons till they become

actually chargeable.

This act, however, in order to relieve the parish in which the party is allowed to reside from incidental burthens, provides, (as the friendly society act had done in the case of members of societies who had taken the benefit of the act) that no person shall gain a settlement by notice, or by payment of parish-rates "for any tene"ment not being of the yearly value of 101."

These twelve last words are not in the friendly society act; upon which Sir Fred. Eden remarks, that as a long residence, under the 35 Geo. III. may preclude the possibility of ascertaining the settlement when a person be-comes chargeable, the ease of parishes would have been. greatly promoted by the introduction of clauses similar to the 19th, 20th, and 21st sections in the friendly society act; concerning which the gentleman who framed the bill makes the following judicious observations, in a little pamphlet well worthy the attention of every benefit club. He says,

"Various regulations and provisions are introduced "into the act for the purpose of preserving the parish, in "which the party shall be allowed to reside, from any "incidental burthens; such as enabling the parish to "ascertain and fix the place of settlement to which the "party may be removed, when he shall become actually

chargeable. It appears to have been the intention of "the legislature to have done this formerly in the case of "soldiers and mariners; examinations were allowed to

"be

Sect. 4.

i Eden, 464.

616.

"be taken of the settlement of the party, which became ❝evidence in favour of the parish wherein he should re"side, against the parish charged; but the latter had no "means of contesting the truth of that examination, "until the party should be actually removed, when per"haps all other testimony might be lost.

"This inconvenience is remedied by the present act, "as it requires that the parish charged with the settle"ment of the party shall have immediate notice of the. "examination, so that the point may be put in a train "of enquiry, if it shall be necessary, whilst complete "evidence respecting it may be obtained on both sides; "and it seems that the only material alteration made by "this act, from the general law respecting the settlement "of paupers, is, that this inquiry may take place without "the actual removal of the individual whose settlement is "in contest, and consequently at less expence and in"convenience; but, in all other respects, with equal advantages to the litigating parties."

66

The great encouragement which this act gave to societies of this nature was such, that in less than three years afterwards there were no less than 600 friendly societies in the metropolis and its vicinity, composed of mechanics and labouring people, who distribute to the sick members, and for funerals, from their funds raised by monthly payments, about 36,000l. a-year.

Mr. Colquhoun then estimated the number of their members at 70,000, or 116 upon an average in each society; but Sir F. Eden conceived that computation to be too high, and that they did not exceed 80.

They are charitable institutions, although in one part of their establishment they differ from all others, for their meinbers are both contributors and objects. Since the commencement of the present century, these associa