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Loan Societies Act 1840 (repealed 19.11.1998)

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Version Superseded: 19/11/1998

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4 Three transcripts of rules to be submitted to a barrister, &c. Barrister, &c. to certify the transcripts. Fee payable to barrister. One transcript to be kept by the barrister, another returned to the society, and the third sent to the clerk of peace. Justices to confirm rules. Rules, &c. to be binding when certified by barrister. E+W

Three transcripts fairly written or printed, or partly written and partly printed, on paper or parchment, of all rules made in pursuance of this Act, signed by three members, and countersigned by the clerk or secretary, (accompanied, in the case of any amendment of the rules, with an affidavit of the clerk or secretary, or one of the officers of the said society, that the provisions of this Act have been duly complied with,) with all convenient speed after the same shall be made or amended, and so from time to time after every making or amending thereof, shall be submitted to the barrister at law for the time being appointed to certify the rules of savings banks, for the purpose of ascertaining whether the said rules of such society, or amendment thereof, are calculated to carry into effect the intention of the parties framing such rules or amendments, and are in conformity to law; and the said barrister shall advise with the said clerk or secretary, if required, and shall give a certificate on each of the said transcripts, that the same are in conformity to law, or point out in what part or parts the said rules are repugnant thereto; and the barrister for advising as aforesaid, and perusing the rules or amendments of the rules of each society and giving such certificates as aforesaid, shall demand no further fee than the sum of [F1£1.05p] ; and one of such transcripts, when certified by the said barrister, shall be kept by the said barrister, and another returned to the society, and the third of such transcripts shall be transmitted by such barrister to the clerk of the peace for the county, city, or borough wherein such society shall be formed, and by him laid before the court of general quarter sessions,. . . F2; and the said court is hereby authorized and required,. . . F2, to allow and confirm the same, and such transcript shall be filed by such clerk of the peace with the rolls of the sessions of the peace in his custody, without fee or reward; and all rules and amendments thereof, from the time when the same shall be certified by the said barrister, shall be binding on the several members and officers of the said society, and the borrowers and sureties, and all other persons having interest therein.

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F1Words substituted by virtue of Decimal Currency Act 1969 (c. 19), s. 10(1)

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C1Functions of court of general quarter sessions in respect of confirmation and record of rules of loan societies now exercisable by council of county (in Greater London, Greater London Council): Local Government Act 1888 (c. 41), s. 3(xv), London Government Act 1963 (c. 33), s. 62(5), Local Government Act 1972 (c. 70), s. 179(2);those exercisable by the Greater London Council and the clerk to that council are transferred by Local Government Act 1985 (c.51, SIF 81:1), s.16, Sch. para. 26

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