Building and Co-operative Societies Act 1901 (1902 No 17) (NSW)
Act No. 17, 1902.
An Act to consolidate the law relating to Benefit Building, Trading, and Industrial Societies.
[24th January, 1902.]
BE it enacted by t h e K ing ' s Most Exce l l en t Majesty, by and with t he advice and consent of t h e Legis la t ive Council and Legis la t ive Assembly of N e w Sou th Wales in P a r l i a m e n t assembled, and by t h e
au tho r i t y of t he same, as follows :— 1. This A c t may be cited as t h e " Bui ld ing and Co-operat ive Societies Act , 1 9 0 1 , " and is divided in to Pa r t s , as follows :—
P A R T I . — B E N E F I T B U I L D I N G , LOAN, A N D I N V E S T M E N T S O C I E T I E S —
D I V I S I O N 1.— General—ss. 6 - 1 2 .
D I V I S I O N 2 .—Prov is ional—ss . 1 3 - 3 2 .
P A R T I I . — C O - O P E R A T I V E T R A D I N G A N D I N D U S T R I A L S O C I E T I E S —
ss. 3 3 - 5 0 .
P A R T I I I . — G E N E R A L PROVISIONS— s s . 5 1 - 6 4 . 2. ( 1 ) The Acts ment ioned in the First Schedule to th is Ac t , to
t h e ex ten t there in expressed, are hereby repealed.
( 2 ) Eve ry society established or registered, or deemed to
have been established or registered before t he commencemen t of this Act , unde r t he provisions of t he por t ion of the A c t th i r ty -seventh
Vic tor ia n u m b e r four hereby repealed, and be ing wi th in the purposes men t ioned in P a r t s I V and V of t h a t Act , shal l be deemed to have been establ ished or registered unde r t he provisions of t he Pa r t of th is A c t appl icable the re to , and shal l possess and be subject to all t he exempt ions , privileges, and provisions of this Ac t appl icable to societies of t he l ike class or charac ter to t he same e x t e n t as if such society and the ru les thereof had been registered unde r th is Ac t .
be 3 . Al l proceedings, bonds, securi t ies , receipts, registrat ions,
certificates, cont rac ts , engagements , appo in tments , regulat ions , ru les , a l terat ions of rules, acts , or th ings duly taken, given, made , or done, and in force or operat ive a t t he commencemen t of this Ac t unde r or by v i r tue of t h e provisions of the enac tmen t s hereby repealed, shall be as valid and have t h e same force and effect in all respects as if th is A c t had been in force a t t he t ime w h e n the same were so t aken , given, made , or done, and t hey had been duly t aken , given, made, or done hereunder .
4. (1) The Reg i s t r a r of F r i e n d l y Societies, from t ime to t i m e
appoin ted and in office u n d e r t he F r i end ly Societies Act , 1 8 9 9 , shall
| be t h e | Reg i s t r a r unde r | this A c t ; | and the office of | t he said | Reg is t ra r |
| of Fr iendly Societies shall be t he office of the | Registrar | for the |
| purposes of th i s | Ac t . |
(2) Al l rules, certificates, and documents now in t he custody of t h e Reg is t ra r of Friendly Societies unde r t h e enac tmen t s he reby repealed, and all rules and documen t s by th is A c t requi red to be deposited wi th t he Regis t ra r , or regis tered in his office, shall be
| deposited, registered, and kep t in t he office of t h e | Regis t rar . |
( 3 ) The Reg i s t r a r may demand and t ake as fees t h e respective
sums specified in t h e Second Schedule hereto, and m a y refuse to do any act , ma t t e r , or t h i n g here in requi red and for which he is ent i t led to charge a fee un t i l such fee has been paid.
5. I n th is Act , unless the context or subject m a t t e r otherwise indicates or requi res ,—
(1)
" C o m m i t t e e of m a n a g e m e n t " means the body of persons appointed to m a n a g e and direct t he affairs of the society by
wha tever n a m e such body is des igna ted ; " Society " includes every b r a n c h of a society by wha teve r n a m e
t h e same is des igna ted :
Provided t h a t in t h e case of the said word occurr ing in P a r t s I
or I I hereof such word shall be t a k e n to m e a n and include only such a society or b r a n c h thereof as is wi th in t h e purposes men t ioned or
| referred to in such | P a r t s . |
(2) A reference to a society established or registered unde r tins
A c t includes a societvdeemed to be so established or registered.
P A R T I .
B E N E F I T B U I L D I N G , L O A N , A N D I N V E S T M E N T S O C I E T I E S .
D I V I S I O N 1.— General.
6. (1) A n y n u m b e r of persons may form themselves into and
establish a society—
{a) For t he purpose of rais ing by the subscript ions of t he members a s tock or fund for t he purpose of enabl ing each m e m b e r thereof to receive out of the funds of such society t h e a m o u n t or va lue of his shares therein , and to erect or purchase dwell ing-houses, or to acquire other rea l or leasehold estate, to be secured by way of mor tgage to such society un t i l the a m o u n t or va lue of his shares has been fully repaid to such society wi th t h e in teres t thereon and all fines or o ther pay m e n t s incurred in respect thereof.
(b) For creating a loan fund for the use of members with a
periodical r e p a y m e n t of pr inc ipa l and in teres t by ins ta lments .
2 z (c)
(c)
F o r any other purpose of m u t u a l benefit and advan tage to the members only which t h e A t to rney -Gene ra l certifies to be legal and such as in his opinion is deserving of t he extens ion there to of t h e facilities and privileges by this A c t conferred
on societies wi th in t he m e a n i n g of this P a r t of Ibis Act .
( 2 ) Such persons m a y m a k e rules, subject to t h e provisions
of this Act , for the be t te r car ry ing out any of t he aforesaid purposes*
( 3 ) I n societies formed for t h e purposes ment ioned in sub
section (a) of th i s section t he shares shall not exceed the va lue of two hund red pounds per share , and the subscript ions from the members
shal l no t exceed the s u m of th i r ty shil l ings per share per m o n t h . 7. The rules of every society so to be establ ished shal l provide for the several par t i cu la rs following ( t ha t is to say) —
(a) The n a m e , objects, and place of business of t he society. (6)
The mode of appo in t ing a commi t tee of m a n a g e m e n t and the i r dut ies and powers.
(c) The mode of appo in t ing and removing officers of t he society.
(d) The n u m b e r of shares to bo held by any one member . (e)
The m a n n e r of m a k i n g new rules and a l ter ing or repea l ing
exis t ing rules . ( / )
The m a n n e r of se t t l ing disputes be tween the society or any officer thereof, and a member , officer, or person c la iming on account of a member .
(g)
The collection and safekeeping of the subscriptions of the members , and the inves tment and appl icat ion of t he same a n d the o ther funds of t he society to t he purposes of t h e society.
(h)
The auditing of accounts and the publication of a general balance of t he assets and liabilities of the society a t least once a year.
(i) The fai thful performance of the i r dut ies by the paid officers
of t h e society hav ing the custody or m a n a g e m e n t of any
moneys of the society, and t h e a m o u n t and n a t u r e of secur i ty
to be given by such officers.
(j) The m a n n e r of wind ing-up t h e affairs of t he society and
dissolving the same and d i s t r ibu t ing t h e assets thereof.
8. N o m e m b e r shall receive or be ent i t led to receive from the funds of any such society established under this P a r t of this A c t any in teres t or dividend by way of a n n u a l or other periodical profit upon any shares in such society un t i l t he a m o u n t or va lue of his shares have been realised, except on t h e wi thd rawa l of such m e m b e r according to t he rules of such society.
9. A n y such society may receive from any m e m b e r thereof any s u m of money by way of bonus on any share for t he privi lege of receiving t h e same in advance pr ior to t he same be ing realised a n d also any in teres t for t he share so received or any par t thereof.
10,
10. A n y such society in and by the rules thereof m a y describe t he forms of conveyance, mor tgage , transfer, ag reement , bond, or o ther i n s t r u m e n t "which may be necessary for ca r ry ing t he purposes of t he said society in to execut ion, and such forms shall be specilicd and set forth i n a schedule to be annexed to the rules of such society.
11. (1) The trustees named in any mor tgage made on behalf
of any society established unde r this P a r t of this Act , hv t he survivors
or survivor of t hem, or t he t rus tees for t he t ime being, m a y endorse upon any m o r t g a g e or fur ther charge given or to be given by any m e m b e r of any such society to t he t rus tees thereof for moneys advanced or to be advanced by any such society to any member thereof a receipt for all moneys in tended to be secured by such mor tgage or fu r ther charge .
( 2 ) Such receipt shal l be sufficient a n d effectual to vacate t h e said securi ty and to ves t the estate of and in t h e p roper ty comprised in such secur i ty in t h e persons for t h e t ime being ent i t led to the equi ty of redempt ion to t he uses and upon t he t rus t s to or upon which t h e equi ty of redempt ion t hen s tands l imited, wi thout it be ing necessary for t he t rus tees of a n y such society to give or execu te any reconveyance
| of t he p rope r ty | so mor tgaged : |
Provided t h a t t he form'of such receipt shall be specified in a
schedule to be annexed to t h e rules of such society.
12. (1) A copy of any resolut ion appoin t ing any person to t he office of t rus tee of any such society, and signed by the secretary and a n y th ree members thereof deposited wi th t h e regis t rar , shall be conclusive evidence as to the fact of such appo in tmen t and of its sufficiency in favour of all persons accept ing any conveyance or release or otherwise deal ing wi th such t rus tee .
( 2 ) N o such person shal l be bound to inqu i re in to t he
par t icu la rs of any such a p p o i n t m e n t except as disclosed by the copy of resolut ion so deposited, or prejudiced by any breach or neglect of the rules of such society or provisions of th is A c t in reference there to .
D I V I S I O N 2 .—Prov i s iona l .
13. The provisions of t he n ine teen n e x t succeeding sections of th is A c t shal l bo applied to every society established for any of t he purposes hereinbefore in th is P a r t of th is Act ment ioned or referred to unless t h e rules of such society m a k e other provision in respect of the several ma t te r s in t he said sections contained inconsistent wi th t h e appl icat ion thereof to such society.
14. (1) The member s of any such society a t some mee t ing
thereof, to be specially called in t h a t behalf, may dissolve or de termine
t h e same by consent .
( 2 ) N o such society shall be dissolved or de te rmined wi thou t
| ob ta in ing t he votes or consent of five-sixths in n u m b e r | and value of |
| t h e t h e n | exis t ing members thereof. | ( 3 ) |
( 3 ) The in tended appropr ia t ion or division of t h e funds or
o ther p roper ty shall be fairly and dist inct ly s ta ted in t he ag reement for dissolution prior to such consent being given.
( 4 ) The ag reement for such dissolution duly signed as
aforesaid, accompanied wi th a s ta tu tory declarat ion by one of t he t rus tees or by th ree member s and the secretary, t aken before a jus t ice of t h e peace, t k a t t he provisions of th is A c t have been complied with, shall be for thwith t r ansmi t t ed to t he Regis t ra r , to be by h im deposited w i t h t h e rules of t he society, and such ag reemen t shall t he reupon be an effectual d ischarge a t law a n d in equ i ty to t he t rustees , t reasurers , and o ther officers of such society, and shall operate as a release from all t he member s of the society to such t rus tees , t reasurers , or o ther officers.
(5) N o society m a y direct a division or appropr ia t ion of a n y p a r t of t he funds or p roper ty thereof, except for t he purpose of ca r ry ing in to effect t he general in teres ts and objects declared in t he rules as originally certified, unless t h e c la im of every such m e m b e r is first duly satisfied or adequa te provision is made for satisfying such c l a i m ; and in case any m e m b e r of such society shall be dissatisfied
w i t h such provision, such member m a y apply to t h e Dis t r ic t Cour t
J u d g e of-the distr ict wi th in which the usua l place of business of t he society is s i tuated for relief or o ther order, and the said J u d g e shall
have t h e same powers to en te r ta in such applicat ion a n d to m a k e such
order or direct ion in re la t ion the re to as he may th ink jus t , as hereinafter provided in regard to t h e se t t l ement of d isputes .
( 6 ) I n t he even t of t he dissolution or de te rmina t ion of any
society, or t he division or appropria t ion of t he funds thereof, except in t he way hereinbefore provided, a n y t rus tee or o ther officer or person a id ing or abe t t i ng there in shall , on convict ion thereof, be l iable to be
imprisoned wi th ha rd labour for any t e r m no t exceeding th ree m o n t h s . 15. (1) I n case of t h e dissolution of any such society as
hereinbefore provided, it shall no t be necessary to s ta te in t he ag reemen tt h e in tended appropr ia t ion or division of the funds or o ther proper ty ,
b u t the members , if t hey t h i n k fit, may refer such appropr ia t ion or
division to t h e award of the Regis t ra r .
(2) I n case appl icat ion is m a d e in wr i t ing by the members of
a n y such society, no t being less in n u m b e r t h a n five-eighths of t he whole body thereof, se t t ing for th t h a t t he funds of such society are insufficient to m e e t t he claims thereon, w i th t h e grounds upon which such
insufficiency can be proved, t h e Reg i s t r a r m a y invest igate t he same.
( 3 ) I f upon such invest igat ion t he R e g i s t r a r finds t h a t t he
society is in a n insolvent condition, and t h a t i t would conduce to t h e
interests of all part ies concerned t h a t t h e affairs of t h e society should be wound u p and b r o u g h t to a t e rmina t ion , he shall m a k e a n award to t h a t effect, and shal l direct in w h a t m a n n e r t h e funds and proper ty of t he society shall be divided or appropr ia ted .
( 4 )
( 4 ) Previous to such invest igat ion the Reg i s t r a r shall give
no t less t h a n twenty-one days ' not ice in wr i t ing , to be sent by post to t h e t rus tees , secretary, or other officer of such society a t t he place
| w h e r e such society holds i ts | meet ings . |
16. E v e r y award so made as aforesaid by the Reg i s t r a r shall be final and conclusive on all m e m b e r s and other persons hav ing any claim on the funds of t h e said society, wi thou t appeal , and shall lie enforced in t he same m a n n e r as is here in provided for enforcing the award of arb i t ra tors , and the expenses of such award and of publ ish ing t h e notice of dissolution in the Gazet te shall be paid o u t of t he funds of the society before any appropr ia t ion thereof is made.
17. (1) W h e n any such ag reemen t for t he dissolution of a
| society is t r ansmi t t ed to the Regis t ra r , and when any such award | is |
| made by the Regis t ra r , notice thereof | shall, wi th in | two m o n t h s | after |
| t he | same has been so t r ansmi t t ed or m a d e | respectively, be advert ised |
| by the Reg is t ra r in t he | ( jazetto. |
(2) Unless wi th in three m o n t h s from the date of t he Gazet te
in which such adver t i sement appears a member or o ther person interested in or hav ing any claim on the funds of the society commences proceedings to set aside the dissolution of the society consequent upon such ag reemen t or award, t he society shall be considered for al l in ten t s and purposes and in all Cour ts of law and equi ty as legally dissolved, and the requis i te consents to such agreement , or as t he case m a y be, to t h e appl icat ion to t h e Reg i s t r a r to have been duly obtained wi thou t proof of the s ignatures there to .
18. The Reg i s t r a r in t he n e x t a n n u a l repor t submi t t ed to
P a r l i a m e n t shal l set for th t he par t i cu la rs of every award made unde r t he provisions of th i s P a r t of this Act which he may have made dur ing
| the preceding twelve | m o n t h s . |
19. (1) A n y society established under this P a r t of th is Ac t
m a y —
(«) uni te and become incorporated in one society wi th any other such society or societies wi th or wi thou t a n y dissolution or
division of t he funds of such societies or e i ther of t hem ; or
(b) transfer its engagements to any other such society if such other society under takes to fulfil t h e engagements of such soc ie ty ;
upon such t e rms as arc. agreed upon by t h e commit tee of m a n a g e m e n t of each of such societies confirmed by the majority of t h e member s of each of such societies a t a general mee t ing convened for t he purpose
| and are af terwards approved of by t he | Regis t ra r . |
( 2 ) Any m e m b e r who is absent from such mee t ing in
consequence of sickness or other emergency may vote by wr i t ing unde r
| his hand at tested by two persons. | 20. |
20. Eve ry society established u n d e r th i s P a r t of th i s Act shall, a t some mee t ing of its members , and by a resolut ion of a major i ty of t h e member s t h e n present , nomina te a n d appoin t one or more person or persons to be t rus tee or t rus tees for t h e said society, and t h e l ike in case of a n y vacancy in t he same office, and a copy of t h e resolut ion so appoin t ing such person or persons to t h e office of t rus tee , and signed by such t rus tee or t rus tees , by t he secretary, and th ree m e m b e r s of t h e said society, shall be sent to t h e Reg is t ra r to be by h i m deposited wi th t he rules of t he said society in his custody.
21. (1) A n y person under the age of twenty-one m a y be elected or a d m i t t e d as a m e m b e r of any society establ ished under th is P a r t of th is Ac t , provided t h a t t he rules of such society do not prohibi t such election.
(2) A n y such person m a y execu te all necessary i n s t r u m e n t s
and give all necessary acqui t tances , b u t du r ing his minor i ty such person shall no t be competen t to hold office as director, t rus tee ,
t reasurer , or m a n a g e r of such society.
22. (1) E v e r y society regis tered unde r th is P a r t of th i s Ac t
shal l furnish to persons i n t end ing to become members thereof a list wh ich shal l s ta te all t he charges which a re payable b y m e m b e r s upon the i r admission to such society, and w h e t h e r t h e same are compulsory or optional , and all persons, upon becoming members of any such society, shal l be l iable to pay only such charges as a re ment ioned in such list.
(2) A n y such charges m a y be a l tered by resolut ion of not
less t h a n three- four ths of such m e m b e r s .
23. (1) The t rus tees of any society established unde r th i s P a r t of th i s A c t may , w i th t he consent of t he major i ty of t h e members thereof present a t a special mee t ing of t h e society, pu rchase , build, h i re , or t ake upon lease a n y bu i ld ing for t h e purpose of holding meet ings , and adap t and furnish t he same, or purchase or hold upon Tease any l and for t h e purpose of e rec t ing the reupon a bu i ld ing for
ho ld ing t h e meet ings of t he society, and such t rus tees shall thereupon
hold t h e same in t r u s t for t he use of such society, and wi th t he l ike
consent as aforesaid such t rus tees m a y mor tgage , sell, exchange , or let
such bui ld ing or any par t thereof.
(2) The receipt in wr i t ing of t he t rus tees for t h e t ime being
shall be a legal discharge for t he money ar is ing f rom such mor tgage , sale, exchange or le t t ing , and no mor tgagee , purchaser , t enan t , or assignee shal l be bound to inqu i re in to or ascer ta in or prove t h e consent aforesaid to verify his t i t le .
( 3 ) A l l m o n e y spent in pu rchas ing , bu i ld ing , h i r ing , or
t a k i n g upon lease a n y such bu i ld ing a n d in adap t ing and furn ish ing t h e same shall be raised according to ru les of t h e society m a d e for
such purpose . 24.
24. (1) All real and personal estate whatsoever be longing to a n y such society established unde r this P a r t of th i s Act , shal l be vested in t he t rus tees for t he t ime be ing for t he use and benefit of such society and the members thereof and t h e real or personal estate of any b ranch of a society shal l he vested in t he t rus tees of such b ranch , and bo u n d e r t h e control of such t rustees , the i r respect ive executors or adminis t ra tors , according to their respective claims and interests .
( 2 ) U p o n t h e dea th or removal of a n y such t rus tee t h e
same shal l vest in t he succeeding t rus tees for t he same esta te and interes t as t h e former t rus tee h a d there in , a n d subjec t to t h e same
| t rus t s wi thou t any conveyance or ass ignment | whatsoever . |
( 3 ) I n all actions and suits or ind ic tmen t s or s u m m a r y
proceeding before magis t ra tes t ouch ing or concerning any such proper ty , t h e same shall be s tated to be t h e proper ty of t he persons hold ing the said office of t rustees in their proper names as t rus tees of such society wi thout any fur ther description.
25. (1) The t rus tees of any such societies may br ing or defend, or cause to be b rough t or defended, any act ion, suit , or prosecut ion in any Cour t of law or equi ty , t ouch ing or concerning t h e proper ty , r ight , or c laim to proper ty of the society for which they are such t rus tees as aforesaid, and shall in all cases concerning t h e real or personal proper ty of such society sue and be sued, plead and be impleaded, in any Cour t of law or equi ty , in their proper names , as t rus tees of such society Avithout o ther description.
( 2 ) N o such act ion, suit , or prosecut ion shall be discon
t inued or ahate by t he dea th of any t rus tee , or his removal from the office of t rus tee , b u t t he same shall be proceeded in b y or aga ins t t he succeeding t rus tees as if such death or removal had not t a k e n place, and such succeeding t rus tees shall pay or receive t he l ike costs as if t he act ion or suit or prosecution had b e e n commenced in the i r names for the benefit of, or to be reimbursed from, t he funds of such society.
26. N o t rus tee of any such society shall be liable to m a k e good
a n y deficiency which m a y arise in t he funds of such society, b u t shall
| be l iable only for t he money which is ac tua l ly received by h i m on |
| account of such society. |
27. (1) I n any proceedings agains t any such society established under this pa r t of this Act , it shal l be sufficient to m a k e t he secre tary or other publ ic officer of such society the defendant in such pro ceedings by his n a m e and the t i t le of the office ho holds in t h e society.
( 2 ) Such proceedings shall be commenced and carried on
against such officer on behalf of such society, and shall no t be abated
or prejudiced by the death, res ignat ion, or removal , or by any ac t of
| such | officer | after | t h e c o m m e n c e m e n t | thereof. |
( 3 ) The summons to be issued to such officer may be served
by leaving i t a t t he office or place of business of such society.
28. (1) The t reasurer of every such society, and a n y other officer who is requi red by the rules of such society to give securi ty , shall , before he t a k e u p o n himself the execut ion of his office, become bound wi th one or more sufficient sureties in a bond according to t h e form set forth in t h e F i f th Schedule here to , or shall give t h e securi ty of a gua ran tee society established in New South Wales , in such
penal s u m as t he society or t he commit tee of m a n a g e m e n t directs .
( 2 ) E v e r y such bond shall be conditioned for his j u s t and
fai thful execut ion of his said office of t reasurer , and for render ing a j u s t and t rue account of all the moneys received or paid by h i m on account of the said society a t such t imes as such rules direct , and at such t imes as he is required so to do by the t rus tees of t he said society, or by a majori ty of t he said commi t tee of managemen t , or b y a major i ty of
t h e m e m b e r s presen t a t any mee t ing of such society. ( 3 ) Eve ry such bond shall be given to t he t rus tees of t he
Society, and if t h e same a t any t ime becomes forfeited t he t rus tees for the t ime being may sue upon such bond for t h e use of such society.
29. (1) The t reasure r or o ther officer of every such society, whe the r appointed before or after t he commencement of th is Act , a t t h e t imes prescribed by the rules of such society, or upon be ing requi red so to do by t h e t rus tees of such society, or by a major i ty of t he said commi t tee of managemen t , or by a major i ty of t he member s presen t a t a m e e t i n g of t he said society as aforesaid, wi th in seven days after such requis i t ion, shall render to t h e t rus tees of t he society, or to t h e said commi t t ee of m a n a g e m e n t , or to the m e m b e r s of such Society, a t a m e e t i n g of such society, a ju s t and t r u e account of all moneys received and paid by h im since he last rendered the l ike account , if any, or if none since he entered upon his office, and of t he balance t hen r ema in ing in his hands , and of all bonds and securit ies of such society.
( 2 ) The t rus tees or commi t tee of m a n a g e m e n t shall cause
such accoun t to be aud i ted by some fit and proper person b y t h e m to
be appointed.
( 3 ) Such t reasure r or o the r officer, if t h e r e u n t o requi red ,
upon the said account be ing audi ted, shal l for thwi th h a n d over to t h e said t rus tees t he balance which on such aud i t appears to be due from hiin, and shall also, if required, h a n d over to such t rus tees all securit ies and effects, books, papers , and proper ty of t h e said society in his hands or custody.
( 4 ) If he fail to do so, t h e t rus tees of t he said Society may
sue u p o n the bond aforesaid, or may sue such t reasure r or o ther officer in the Dis t r ic t Cour t of the district , or in t he S u p r e m e Court , or in a n y o ther Cour t hav ing jur isdict ion, for t he ba lance appear ing to have been due from h im upon the account last rendered by h im, and for all t he monevs since received bv h im on account of the said Society, and for t he securit ies and effects, books, papers , and proper ty in his hands
or
or custody, leaving h im to set oiFin such act ion the sums (if any) which he m a y have since paid on account of t h e said society, and in such ac t ion t he said t rus tees shall be ent i t led to recover the i r full costs of sui t to be taxed as be tween solicitor a n d client.
30. If any person a l ready or hereafter to be appointed or employed to or in any office in any such society, w h e t h e r such appoin t m e n t or employmen t was before or after the legal es tab l i shment of such society, and h a v i n g in his hands or possession by v i r tue of his office any moneys or proper ty whatsoever of such society, or any deeds or securit ies belonging to such society, dies or becomes bankrup t , or has any execut ion or a t t a c h m e n t or other process issued aga ins t h i m or any p a r t of bis proper ty , or makes any ass ignment for t he benefit of his creditors, t he executor , adminis t ra tor , or assignee of every such officer, and every other person hav ing or c la iming r igh t to t he p roper ty
of such officer, and the Sheriff or other person execu t ing such process
shall , upon demand in wr i t ing made by t h e t reasurer or by t he t rus tees of such society, or any person appoin ted a t some mee t ing of t he society to m a k e such demand, deliver and pay over all such moneys , p roper ty , deeds, a n d securi t ies be longing to such society to such person as such t reasurer , or t rustees , or mee t ing appoint , and shall pay ou t of the esta te , assets, or effects of such officer, all sums of money due, which such officer has received before any other of his debts are paid, and before any other claims upon h im are satisfied, and before t he money directed to be levied by such process as aforesaid is paid over to the pa r ty issuing such process, and all such assets, lands, goods, chat tels , proper ty , estates, and effects, shall be bound to the paymen t , discharge, and satisfaction of such claims.
31. (f) The trustees of every such society, or the officer
thereof appointed to prepare re turns , shall, once in every year, in the
m o n t h s of J a n u a r y , Feb rua ry , or M a r c h t r ansmi t to t he Reg i s t r a r a
| general s t a t e m e n t of t h e funds and effects of such | society dur ing t he |
| past t w e l v e m o n t h s , | or a copy of t he last annua l | report of such | society, |
| and shall also, wi th in | three m o n t h s after | the expira t ion of every five |
| years succeeding the thir ty-first day of December , one thousand eight |
| hundred | a n d ninety-e ight , | t r ansmi t | to the Regis t ra r a r e t u r n of t he ra te |
or a m o u n t of sickness and mor ta l i ty experienced by such society wi th in t he preceding five years in such form as shal l be prepared by the R e g i s t r a r ; and an abs t rac t of t h e same shall be laid before Par l i ament .
( 2 ) The Regis t ra r shall also lay before P a r l i a m e n t every
year a report of his proceedings and of t he pr incipal m a t t e r s t ransacted by such societies which have come unde r his cognizance du r ing the
| past | year . |
32. I f default is made in t r an smi t t i ng to t h e Regis t ra r , before
t he first day of J u n e in any year, t he general s t a t emen t or copy of the
last
last a n n u a l repor t of a n y society, in compl iance wi th t h e provisions of t h e last p receding section, t h e officer m a k i n g such default shall he liable to a pena l ty not exceeding five pounds to be recovered wi th costs
a t the sui t of t h e regis t rar in a s u m m a r y way.
P A R T I I .
C O - O P E R A T I V E T R A D I N G A N D I N D U S T R I A L S O C I E T I E S .
33 . (1) A n y n u m b e r of persons, no t be ing less t h a n seven, m a y
establ ish a society u n d e r th i s Ac t for the purpose of ca r ry ing on any labour t r ade or handicraf t , whe the r wholesale or retai l , except t h e business of bank ing , which t h e members of such society voluntar i ly un i t e to car ry on or exercise and of app ly ing t h e profits to any lawful p u r p o s e ; and the b u y i n g and sell ing of land, and the work ing of mines and quarr ies , shall be deemed to be a t r ade wi th in t he mean ing of th i s section.
( 2 ) E v e r y such society shall be regis tered as one of l imi ted
l iabil i ty.
34. (1) The rules of every such society shall contain provisions
in respect of the several m a t t e r s following, n a m e l y :—
(a) Object , n a m e , and place of office of t h e society. (b) Terms of admission of member s .
(c) Mode of holding mee t ings and r i g h t of vo t ing and m a k i n g or
a l te r ing ru les . (d)
De te rmina t ion w h e t h e r t h e shares, or any n u m b e r thereof, shall
be t ransferable or n o t ; and in case i t be de termined t h a t the shares, or any n u m b e r thereof, shall be t ransferable, provisions for t h e form of t ransfer and regis t ra t ion of shares and for t h e consent of commit tee of m a n a g e m e n t and confirmation by
the genera l mee t ing of t h e soc ie ty ; a n d in case shares are no t t ransferable, provision for pay ing to m e m b e r s ba lance due to
t h e m or w i thd rawing from t h e society. (e) Provision for t he aud i t of accounts . ( / )
Power to invest p a r t of capi ta l in ano ther society : Provided
t h a t no such inves tment shal l be m a d e in any other society
not regis tered u n d e r this P a r t of th i s Act . (g)
Power a n d mode of w i t h d r a w i n g from the society a n d pro visions for t h e claims of executors , adminis t ra tors , or assign?
of members . (A) Mode of applicat ion of profits.
(?) A p p o i n t m e n t of manage r s and other officers and the i r respective
powers and remunera t ion . ( 2 )
(2) A copy of the rules shal l be delivered by the society to every person, on demand, on p a y m e n t of a s u m no t exceeding one shi l l ing.
35. The g r a n t i n g of such certificate to a society by t h e Reg is t ra r
shall have the effect of incorpora t ing t he member s of such society by t h e n a m e described in such certificate wi th perpe tua l succession and a common seal, w i th power to hold lands and bui ldings and to erect, purchase , lease, mor tgage , sell, and convey t h e same respectively, and
| wi th l imited l iabil i ty as hereinaf ter | provided. |
36. The certificate of regis t ra t ion shall vest in the society all t h e
proper ty t h a t m a y a t t he t ime be vested in any person in t rus t for the society, and all legal proceedings t h e n pend ing by or aga ins t any such person or any other officer on accoun t of t he society m a y be prosecuted
| by or agains t the society in | its regis tered n a m e wi thou t | aba temen t . |
37. The Regis t ra r may, a t t he reques t of such n u m b e r of member s as represent five-sixths of the shares in the society, cancel t he regis t ry of a society regis tered unde r P a r t I I of th i s Act , and regis ter such society u n d e r t he provisions of section six of the Fr iend ly Societies Act , 1899 : Provided t h a t the rules and cons t i tu t ion of t h e society shal l first be made to accord wi th t he provisions of t he said section, and t h a t it is proved to t he satisfaction of t he Reg i s t r a r t h a t
| t h e r equ i r emen t s of the creditors of t he society have been fully | met , |
38. No society shall be registered unde r a n a m e ident ical wi th t h a t by which any other exis t ing society has been regis tered or so near ly resembl ing such n a m e as to be l ikely to deceive t he member s or t he publ ic , and t h e word " L imi ted " shall be t he last word in t h e
| n a m e of every society registered unde r this P a r t of t h i s | A c t . |
39. No member shall be ent i t led in any society regis tered
unde r this P a r t of this Act to hold or c la im any in teres t exceeding tin;
sum of two h u n d r e d pounds , b u t t h e society may hold in i ts regis tered
| n a m e any a m o u n t of interest | in any other such society, |
40. Eve ry such society sha l l— (a)
paint or affix, and keep painted or affixed, its name on the outside of every office or place in which the business of t he society is carried on in a conspicuous posit ion in le t ters easily legible ; and
(b) have its n a m e engraven in legible charac ters on its s ea l ; and
(c)
have its name mentioned in legible characters in all notices, adver t i sements , and other official publ icat ions of such society, and in all bills of exchange , promissory notes, endorsements , cheques , and orders for money or goods pur por t ing to be signed by or on behalf of such company, a n d in all bills of parcels, invoices, receipts , and le t ters of credit
of t h e society. 41 . 41. (1) If any sucli society does no t pa in t or affix, and keep pa in ted or affixed, i ts n a m e in m a n n e r directed by this A c t it shall be l iable to a pena l ty no t exceeding five pounds for n o t so pa in t ing or affixing its name , and for every day du r ing which such n a m e is not so kep t pa in ted or affixed.
(2) If any officer of such society, or a n y person on its
behalf—
(a) uses any seal purporting to be a seal of the society whereon its n a m e is not so engraven as aforesaid ; or (b) issues or authorises the issue of any notice, advertisement, or other official publ icat ion of such society, or signs or author ises to be s igned on behalf of such society any bill of exchange , promissory note , endorsement , cheque , order for money or goods, or issues or authorises to be issued any bill of parcels , invoice, receipt , or le t ter of credit of t he society where in i ts
n a m e is not ment ioned in m a n n e r aforesaid ;— he shal l be liable to a pena l ty of fifty pounds and shall fur ther be personal ly liable to the holder of any such bill of exchange , promissory note , cheque , or order for money or goods for the a m o u n t thereof, unless t h e same is duly paid by the society.
42. Eve ry such society shall have a regis tered office s i tua te in N e w Sou th Wales to which al l communica t ions and notices m a y be addressed. I f any such society carries on business w i thou t hav ing such an office it shall i ncu r a penal ty not exceeding five pounds for every day d u r i n g which business is so carried on.
43. Not ice of the s i tua t ion of such regis tered office and of a n y change there in shal l be given to t h e R e g i s t r a r and recorded by h im, and un t i l such not ice is given the society shall no t be deemed to have complied wi th t h e provisions of th is Act .
44. The rules of every such society shall b ind the society and
t h e member s thereof to the same ex t en t as if each m e m b e r hadsubscribed his n a m e and affixed his seal there to and as if the re were in
such rules contained a covenant on the pa r t of himself, his heirs ,
executors , and admin i s t ra to r s to conform to such rules, subjec t to t h eprovision of th i s Act , and all moneys payable by any m e m b e r to t h e society in pu r suance of such ru les shall be deemed to be a debt due from such m e m b e r to t he society.
45. A n y such society m a y be wound u p by the Cour t or vo lun ta r i ly in the same m a n n e r and under t he same c i rcumstances unde r and in which any company m a y be wound u p unde r t he Companies Act , 1899, and al l t h e provisions of such A c t w i th respect to winding u p shal l apply to al l such societies.
46. I n case of t h e dissolution of any such society, such society
shall never theless be considered as subsis t ing and be in all respectssubject to t h e provisions of th i s A c t so long and so far as any m a t t e r s
re la t ing
re la t ing to t he same remain unset t led , to t he in ten t t h a t such society m a y do all t h ings necessary to the wind ing up of t h e concerns thereof, and t h a t i t m a y be sued and sue unde r t h e provisions of this A c t in
| respect of all ma t te r s r e la t ing to such | society. |
47. I n the event of any such society be ing wound up , every present and past member of such society shall be liable to con t r ibu te to t he assets of t he society to an a m o u n t sufficient for paymen t of the debts and liabilities of the society, and the costs, charges , and expenses of t he wind ing up , and for the p a y m e n t of such sums as m a y be requi red for the ad jus tmen t of the r igh ts of t h e contr ibutors amongs t
| themselves , wi th t he qualifications following | ( tha t is to s a y ) — |
(a) N o past m e m b e r shall be liable to cont r ibute to t he assets of the society if he has ceased to be a member for a period of one year or upwards pr ior to t he commencemen t of t he wind ing up . (b) No past member shall be liable in respect to any debt or
l iabil i ty of t h e society contracted after t he t ime a t which he ceased to be a member .
(c)
N o past m e m b e r shall be l iable to con t r ibu te to t he assets of t h e society unless i t appears to t h e Cour t t h a t t he exis t ing members are unable to satisfy the contr ibut ions required to be made by t h e m in order to satisfy all j u s t demands upon such society.
(d) No cont r ibu t ion shall be requi red from a n y m e m b e r exceeding the a m o u n t (if any) unpa id on the shares in respect of which
he is unab le pas t or present m e m b e r .
48. (1) A m e m b e r of any such society may , by wr i t ing unde r his hand , delivered a t or stint to t he registered office of the society, or made in a book kep t a t t h a t office, n o m i n a t e a person to w h o m his interests in t h e society shal l be paid or t ransferred at his decease.
( 2 ) The power of m a k i n g such nomina t ion shal l no t be
affected by any rules of such society declar ing its shares not to be
t ransferable.
( 3 ) The society may, in l ieu of m a k i n g such transfer , elect
to pay to t h e person so nomina ted t he full va lue of such interes ts .
( 4 ) A nomina t ion so made m a y be revoked and varied by
any similar document .
(5) On receiving satisfactory proof of t he dea th of a
| m e m b e r | so nomina t ing , t h e society shall p a y | or t ransfer | to | the |
nominee the interests of such deceased member a t his decease.
( 6 ) No such interests shall be paid or t ransferred to a
nominee as aforesaid to an a m o u n t or value exceeding one hundred
pounds .
49. Eve ry person or m e m b e r hav ing an in teres t in t he funds of
any such society may inspect t he books and the names of t he members
a t all reasonable hours a t t he office of t h e society.
50. (1) A genera l s t a t emen t of the funds and effects of every such society shall be t r ansmi t t ed to t he Reg i s t r a r once in every year, a n d shal l exhibi t fully t he assets and liabilities of such society, a n d shal l he prepared and made ou t wi th in such period and in such form,
and shall comprise such par t icu la rs as t he Reg i s t r a r requires .
( 2 ) The Reg i s t r a r shall have au thor i ty to requ i re such
evidence to be produced as he th inks proper of all ma t te r s required to he done, and of t he entr ies conta ined in any document required to be t r ansmi t t ed to h i m unde r th is Ac t , and every m e m b e r of or depositor in any such society shall be ent i t led to receive on applicat ion to t h e t reasurer or secretary thereof a copy of such s t a t emen t w i thou t fee or charge .
P A R T I I I .
G E N E R A L PROVISIONS.
51. Eve ry person, be ing a m e m b e r of t he commit tee of m a n a g e m e n t of any society formed for any purpose wi th in the m e a n i n g of this Act, who takes any money in considerat ion of t h e a l lo tment of shares, or any in teres t in such society, un t i l t h e same is regis tered under th is Act , shal l incur a pena l ty for every such offence
no t exceeding t w e n t y pounds . 52. (1) Two pr in ted or wr i t t en copies of the ru les of every society formed for any purpose wi th in t h e mean ing of th is Ac t , s igned b y th ree of t he in tended m e m b e r s and the secretary or some other officer, shall , where it is in tended t h a t such society shall be registered
unde r th is Act , be t r ansmi t t ed to t h e Regis t ra r .
( 2 ) The Reg i s t r a r shall advise wi th such secretary or officer
of such society, if necessary, for t he purpose of ascer ta in ing whe the r t h e said rules are in conformity wi th law, and are ca lcula ted to car ry in to effect t he in ten t ions and objects of t h e persons who desire to form
such society. ( 3 ) If t h e Reg i s t r a r finds t h a t such rules are in conformity wi th law and wi th t h e provisions of th i s Act , he shall give a certificate in t h e form set for th in t he Thi rd Schedule hereto, and shall r e t u r n one of t he said copies to the said society, and shal l keep t h e o ther in such m a n n e r as shal l be directed by the Gove rno r ; a n d al l rules , w h e n so certified as aforesaid, shal l be b ind ing on the several member s of t he said society.
(4s) A certificate of regis t ra t ion according to t h e form set
forth in t he Thi rd Schedule here to shall be given by t h e Reg i s t r a r in all cases where t h e r equ i rement s of th is A c t have been complied wi th , and such certificate shall in all cases be conclusive evidence t h a t t he society ment ioned there in has been du ly regis tered.
53. (1) Any society established under th is Act may , by resolut ion
a t a m e e t i n g specially called for t h a t purpose, al ter , amend , or rescind
its rules , or any of them, or m a k e new rules .
( 2 ) Two copies of t he proposed a l te ra t ions or a m e n d m e n t s ,
and of such new rules signed by th ree member s of such society and the secretary or some other officer, shall be t r ansmi t t ed to the Regis t ra r , to one of which shall be a t tached a s ta tu tory declarat ion by the secretary or some other officer t h a t in m a k i n g t h e same t h e ru les of such society respect ing t he mak ing , a l ter ing, amending , and rescinding rules , or t h e directions of the A c t unde r which such society was established have been duly complied wi th .
( 3 ) If the Regis t ra r finds t h a t such a l tera t ions , a m e n d m e n t s ,
or new rules are in conformity wi th law, he shall give to t h e society a certificate in the form set for th in the said Third Schedule , and r e t u r n one of t he copies to t he society, and shall keep t h e other wi th t he rules of such society in his c u s t o d y ; and as aga ins t a n y of such th ree m e m b e r s and such secretary or o ther officer, such certificate shall be conclusive as to the val idi ty thereof, and all rules , a l terat ions, and a m e n d m e n t s , w h e n so certified as aforesaid, shall be b ind ing on the several member s of t he said society, and all persons c la iming on account of a member , or unde r t he said rules, b u t unless and un t i l t he same are so certified, such rules , a l terat ions, and a m e n d m e n t s shall have no force or validity whatsoever .
54. W h e n e v e r a n y society establ ished unde r this A c t changes
its place of business, not ice of such change, u n d e r t h e hands of two of t h e t rustees , or t h r ee members and the secretary or o ther officer of such society, shall , w i th in fourteen days thereaf ter , be sent to t he Regis t ra r .
55. If any person gives to any member of a society established unde r this Act, or to any person in t end ing or app ly ing to become a m e m b e r of such society, a copy of any rules, or of any a l tera t ions or a m e n d m e n t s of t he same other t h a n those which have been deposited wi th t h e Regis t ra r , or certified by h im wi th a copy of his certificate
| appended there to , unde r colour tha t t he same are b ind ing u p o n the |
member s of such society, or makes any a l tera t ion in or addi t ion to any of t h e rules or tables of such society after they have been deposited or certified as aforesaid, and circulates t he same p u r p o r t i n g t h a t t hey have been duly deposited or certified as aforesaid w h e n they have not been so duty deposited or certified, such person so offending shall be deemed gui l ty of a misdemeanour .
56. A l l t he rules and tables of a n y society established under
| this Act , and | all a l terat ions and | a m e n d m e n t s | thereof, and | al l | copies |
| thereof or ex t rac t s therefrom, and all wr i t ings | and documen t s | re la t ing |
| to any such society and p u r p o r t i n g to be signed by the Reg i s t r a r | shall |
| be received in evidence w i t h o u t proof of t he s igna ture | there to . |
57,
57. (1) If any officer, member , or o ther person be ing or repre sent ing himself to be a m e m b e r of any society established unde r this Act , or t he nominee , executor , adminis t ra tor , or assignee of a member thereof, or any person wha tever b y false represen ta t ion or imposi t ion obtains possession of any moneys , securities, books, papers , or o ther effects of such society, or hav ing t h e same in his possession, wi thholds or misapplies t he same, or wilfully applies t h e same to purposes o ther t h a n those expressed or directed in the rules of such society, such person may , upon complaint being made by any person on behalf of such society, be summoned before any two just ices of t he peace or a s t ipendiary or police magis t ra te , and may be ordered by such just ices or magis t ra te to deliver u p al l such moneys, securit ies, books, papers , or other effects to t he society, and to repay t h e amoun t of money applied improper ly , and to pay t h e costs of t he proceedings, and in default of such delivery of effects or r e p a y m e n t of such a m o u n t of money or costs, to be imprisoned wi th or wi thout ha rd labour for any t e r m not exceeding t h r ee m o n t h s , and such person shall be liable in addi t ion to a pena l ty not exceeding fifty pounds .
( 2 ) No th ing here in conta ined shall p reven t t he society from
proceeding by ind ic tment agains t any such offender, b u t no person shal l be proceeded aga ins t by ind ic tment if a conviction has been previously obtained for t he same offence unde r t h e provisions of this Act .
58. (1) Every d ispute be tween any officer or m e m b e r of any society established unde r th is Act , or any person c la iming t h r o u g h or unde r such member , and the society or the t rustees , t reasurer , or other officer or commit tee of m a n a g e m e n t thereof shall be decided in m a n n e r directed by t h e rules of such society, and the decision so made shall be b ind ing and conclusive on all parties wi thou t appeal .
( 2 ) "Where t he rules of any such society direct disputes to
be referred to just ices , a n y jus t ice of t he peace may, upon compla in t m a d e by a n y member , h is executors , adminis t ra tors , nominee , or assigns, or by any person c la iming under t he rules of t h e society of any m a t t e r of d ispute be tween h i m or t h e m and t h e society, s u m m o n the
person agains t w h o m the compla in t is made before any two just ices or
a s t ipendiary or police magis t ra te , and such jus t ices or mag i s t r a t e shal l hear and de te rmine such compla in t in a s u m m a r y m a n n e r according to t he provisions of the Ac t or Ac ts for t he t ime be ing r egu la t i ng t he proceedings before just ices , and m a y m a k e such order the reupon e i ther for the p a y m e n t of money or otherwise toge ther wi th
costs as they t h i n k fit. ( 3 ) "Where t h e order m a d e is for t he doing of some ac t
o ther t h a n t h e p a y m e n t of money the said jus t ices m a y order the p a y m e n t of a s u m of money in defaul t of the doing of such act.
( 4 ) A n y money paid by any officer of t h e society u n d e rany order of t he just ices shall be repaid wi th all damages accru ing to
h i m by t h e society. 59.
59. (1) I n all societies established unde r th is Ac t all applica (a) for t h e removal of t rus tees ; or
t i ons—
(b)
for the settlement of disputes that may arise or may have arisen in any society, t he rules of which do no t prescr ibe any
o the r mode of se t t l ing such disputes ; or (<?) for any o ther relief, order, or direction ; or
(d) to enforce the decision of any a rb i t ra tors ; or (e)
to hear or determine any dispute if no arbitrator has been appointed, or if no decision is made by the a rb i t ra tors wi th in forty days after applicat ion has been made by the m e m b e r or person c la iming t h r o u g h or under a m e m b e r or unde r t h e
rules of t he soc ie ty ;—
| shall be m a d e to t he Dis t r ic t | Court | of | t he | dis t r ic t | w i th in which | the |
usua l or pr incipal place of business of t he society is s i tuate .
(2) Such Cour t shall , upon the appl icat ion of any person
| interested in | t h e ma t t e r , en te r t a in such applicat ion | and | give | such |
| relief and m a k e such orders and | directions in relat ion to t h e m a t t e r of |
such appl icat ion as hereinaf ter ment ioned , or as m i g h t before flic commencemen t of t he Fr iend ly Societies Ac t of 1873 be given or m a d e by t h e Supreme or any o ther Court , and t h e decision of such Dis t r ic t Cour t upon and in re la t ion to such appl icat ion as aforesaid shal l not be subject to any appeal .
60. (1) I n all cases where t h e order of such Dis t r ic t Cour t is
| for t he p a y m e n t of money, t he same m a y be enforced | in t he | same |
| m a n n e r as t he ordinary j u d g m e n t s of Dis t r ic t Courts are enforced; h u t where t he order of t h e said Cour t is for t he doing of some act, no t be ing for the p a y m e n t of money, t h e J u d g e of such Dis t r ic t Cour t in his said order m a y order t he pa r ty to do such act, or t ha t in default of his so doing it he shall pay a cer tain s u m of money, and in case he refuse or neglec t to do the ac t required upon demand in t h a t behalf t h e s u m of money or pena l ty in t he said order may t h e n be recovered in t he same m a n n e r as a j u d g m e n t for debt or damages in such Court , | and i t shall no t be lawful to remove the same by certiorari | or o ther |
| wr i t or process before t h e Sup reme | Cour t . |
(2) The Chief J u d g e in E q u i t y may m a k e such orders for
| r e g u l a t i n g | t h e | proceedings | by | and | before | t he J u d g e s | of Dis t r ic t | Cour ts |
u n d e r this Ac t as he t h i n k s fit, and such J u d g e s may regu la te t he proceedings before t h e m respectively so as to render t h e m as inexpensive
| and s u m m a r y | as convenient ly | m a y | be. |
61. (1) I n t h e case of any society established for any of t h e
purposes wi th in t he mean ing of this Act , or for any purpose which is
n o t i l legal, h a v i n g wr i t t en or pr in ted rules which have not been certified
| by the Reg i s t r a r | (provided a copy of such ru les has been deposited wi th |
| t h e Reg i s t r a r ) , every dispute be tween any m e m b e r | of such society, | his |
3 A executors ,
executors , adminis t ra tors , nominees , or assigns, a n d t h e t rus tees , t reasurer , or o ther officer, or t h e commi t t ee of such society, shal l he decided in m a n n e r hereinbefore men t ioned or provided wi th respect to disputes , a n d t h e decision thereof in t he case of societies established
u n d e r th is A c t and t h e provisions of th i s A c t r e l a t ing to d isputes and
to t h e p u n i s h m e n t of fraud or imposit ion shall be appl icable to such uncertified societies.
( 2 ) N o t h i n g here in contained shall be cons t rued to confer
on any such society whose rules have n o t been certified by t h e Regis t ra r or any of the officers or members of such society any of t h e powers, exempt ions , or privileges of th is Act , save and except as in and by this section is expressly provided.
62. A n y society u n d e r th i s Ac t m a y be cons t i tu ted a company
unde r t h e A c t or Acts in force for t h e t ime being re la t ing to jo in t stock
companies by conforming to t he r equ i r emen t s of such A c t or Acts ,
and shall t h e r e u p o n cease to re ta in i ts regis t ra t ion unde r th is Ac t . 63. (1) A n y such society may, wi th the approval in wri t ing of t h e Regis t ra r , change i ts n a m e , b u t no such change shall affect a n y r igh t s or obligations of such society, or of a n y m e m b e r thereof, and any legal proceedings m a y be cont inued or commenced b y or agains t t he t rus tees of such society, or any officer or t h e commi t t ee of
m a n a g e m e n t thereof, by t h e new n a m e of such society.
( 2 ) The Reg i s t r a r shall give his certificate of such change
of n a m e in t h e form in t he F o u r t h Schedule here to . 64. Al l penal t ies and fines imposed by th is Ac t , or by t h e ru les of a n y society regis tered or b rough t u n d e r t h e operat ion of th i s Act , and all offences commi t t ed unde r such A c t or rules shal l be recovered and prosecuted (where no o ther provision for t he recovery or prosecu t ion thereof is in t h a t behalf provided) in a s u m m a r y way a t t h e suit of t he Reg i s t r a r in t h e case of offences l iable to penal t ies u n d e r this Act , and a t t he sui t of t he society or t h e secre tary thereof in t h e case of penal t ies imposed by the ru les of such society before any two
just ices of t h e peace or a s t ipendiary or police mag i s t r a t e in a
s u m m a r y m a n n e r according to t h e A c t or Acts in force for t h e t ime
be ing r egu la t ing proceedings before just ices . S C H E D U L E S .
FIR S T S C H E D U L E .
No. of Act. Title of Act, Extent of repeal.
3 7 V i c . N o . 4 . . . T h e F r i e n d l y S o c i e t i e s A c t of 1 8 7 3 T h e u n r e p e a l e d p o r t i o n .
A c t N o . 7 7 , 1 9 0 0 F r i e n d l y S o c i e t i e s ( A m e n d m e n t ) A c t , 1 9 0 0 S . 6 .
S E C O N D
S E C O N D S C H E D U L E .
Scale offers payable to Registrar.
For benefit building For co-operative, and other societies trading, and industrial within Part I . societies within Part 11.
£ S. d. £ B. d.
C e r t i f i c a t e
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| A w a r d | 5 | 5 | 0 |
A w a r d
T H I R D S C H E D U L E .
| Form | of Registrar | s certificate | to rules | of societies, | alterations, | or amendments | thereof |
| I | HEREBY | c e r t i f y | t h a t | t h e | f o r e g o i n g | r u l e s | ( o r | t h e | a l t e r a t i o n s | o r a m e n d m e n t s | of | t h e | r u l e s ) |
| of t h e | Bociety a t | a r e i n c o n f o r m i t y w i t h l a w | (and | in | the | case | of | a |
| new | society'), | a n d | t h a t | t h e | s o c i e t y is d u l y | e s t a b l i s h e d | f r o m | t h e | p r e s e n t d a t e | a n d | is | s u b j e c t |
| t o | t h e | p r o v i s i o n s | a n d | e n t i t l e d | t o t h e | p r i v i l e g e s | of | t h e | B u i l d i n g | a n d | C o - o p e r a t i v e | S o c i e t i e s |
| A c t , | 1 9 0 1 . |
D a t e d t h i s d a y of , 1 9 .
(A.B.) R e g i s t r a r .
F O U R T H S C H E D U L E .
Form of Registrars certificate of change of name.
| I | HEREBY | c e r t i f y | t h a t | t h e | r e g i s t e r e d | n a m e | of | t h e | s o c i e t y | e s t a b l i s h e d |
| a t | i s | c h a n g e d | f r o m | t h e | d a t e | h e r e o f | t o | t h e | n a m e | f o l l o w i n g | s o c i e t y |
| i n | a c c o r d a n c e | w i t h | t h e | p r o v i s i o n s | of | t h e | s i x t y - t h i r d | s e c t i o n | of | t h e | B u i l d i n g | a n d | C o - o p e r a |
| t i v e | S o c i e t i e s | A c t , | 1 9 0 1 . |
D a t e d t h i s d a y o f , 19 .
(A.B.) R e g i s t r a r .
F I F T H S C H E D U L E . Form of bond.
| KNOW | a l l m e n | b y | t h e s e | p r e s e n t s | t h a t | w e , A.B., | of | , t r e a s u r e r , | &c . | (as | the. | case |
| may | be) | of | t h e | s o c i e t y | e s t a b l i s h e d | a t | , a n d | G.D., | of | ( a s | s u r e t y |
| o n | b e h a l f | of | t h e | s a i d | A.B.), | a r e | j o i n t l y | a n d | s e v e r a l l y | h e l d | a n d | f i r m l y | b o u n d | t o | A.B. |
| of | , CD. | of | , a n d | E.F. | of | , t h e | t r u s t e e s | of | t h e | s a i d | s o c i e t y , | i n |
| t h e | s u m | of | t o | b e p a i d | t o | t h e | s a i d | A.B., | CD., | a n d | E.F., | a s | s u c h | t r u s t e e s | o r |
| t h e i r | s u c c e s s o r s , | t r u s t e e s | fo r | t h e | t i m e | b e i n g | o r | t h e i r c e r t a i n | a t t o r n e y , | f o r | w h i c h | p a y m e n t |
| w e l l | a n d | t r u l y | t o | b e | m a d e | w e | j o i n t l y | a n d | s e v e r a l l y | b i n d | o u r s e l v e s | a n d | e a c h | of | u s |
| b y | h i m s e l f , | o u r | a n d | e a c h | of | o u r | h e i r s , | e x e c u t o r s , | a n d | a d m i n i s t r a t o r s , | f i r m l y | b y | t h e s e |
| p r e s e n t s , | s e a l e d | w i t h | o u r | s e a l s . | D a t e d | t h e | d a y | of | i n | t h e | y e a r | of | o u r |
| L o r d |
" W h e r e a s t h e a b o v e - b o u n d e n A B. h a t h b e e n d u l y a p p o i n t e d t r e a s u r e r , &c . (as
| the | case | may | be) | of | t h e | s o c i e t y | e s t a b l i s h e d | a s | a f o r e s a i d , | a n d | h e | t o g e t h e r w i t h | t h e |
| a b o v e - b o u n d e r i |
a b o v e - b o u n d e n CD. a s h i s s u r e t y h a v e e n t e r e d i n t o t h e a b o v e - w r i t t e n b o n d s u b j e c t t o
t h e c o n d i t i o n h e r e i n a f t e r c o n t a i n e d . N o w t h e r e f o r e t h e c o n d i t i o n of t h e a b o v e - w r i t t e n
b o n d is s u c h t h a t if t h e s a i d A.H. s h a l l a n d d o j u s t l y a n d f a i t h f u l l y e x e c u t e h i s office of
t r e a s u r e r , &c . (as the case -may be) of t h e s a i d s o c i e t y e s t a b l i s h e d a s a f o r e s a i d , a n d s h a l l a n d d o r e n d e r a j u s t a n d t r u e a c c o u n t of a l l m o n e y s r e c e i v e d a n d p a i d b y h i m , a n d s h a l l
a n d d o p a y o v e r a l l m o n e y s r e m a i n i n g i n h i s h a n d s , a n d a s s i g n a n d t r a n s f e r o r d e l i v e r a l l
s e c u r i t i e s a n d e f fec t s , b o o k s , p a p e r s , a n d p r o p e r t y of o r b e l o n g i n g t o t h e s a i d s o c i e t y i n h i s h a n d s o r c u s t o d y t o s u c h p e r s o n o r p e r s o n s as t h e s a i d s o c i e t y s h a l l a p p o i n t a c c o r d i n g
t o t h e r u l e s of t h e s a i d s o c i e t y , t o g e t h e r w i t h t h e p r o p e r o r l e g a l r e c e i p t s o r v o u c h e r s
f o r s u c h p a y m e n t s , a n d l i k e w i s e s h a l l a n d d o i n a l l r e s p e c t s w e l l a n d t r u l y a n d f a i t h f u l l y p e r f o r m a n d fulf i l h i s office of t r e a s u r e r , & c . (as the case may be) t o t h e s a i d s o c i e t y a c c o r d i n g t o t h e r u l e s t h e r e o f , t h e n t h e a b o v e - w r i t t e n b o n d s h a l l b e v o i d a n d o f n o
e f fec t , o t h e r w i s e i t s h a l l b e a n d r e m a i n i n f u l l f o r c e a n d v i r t u e .
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