Building Society Act 1850 (SA)
\ to asscmble togctlicr, and to make, orcl;iin, :tnd constitute, such | \ the several RLembers of each Sucicty, frbm time to tinic, | ||||
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-.-- | - - |
'
such Fo&kty, so aahcmbled togctlk)., &ill | seem meet, so as such |
/ ' (
\ | RGliis sllall not hc rcpnpia~r t | to the >xpwas l'rorihions of this | . | Act, |
and to X i e | and-tvsi??yose ancl mflict such |
reasonable 17incs, I'endtics, cl
-Forfciturcu, upon the WVC~:II
RIemhrs | of | any | 511~11 S o c i e i ~, | who slid1 of-l;:nd against any such |
Rules, as the l f ~ n ~ b e r s | may tilink fit to be respectively paid to sue11 |
uses, for tlw belleft of such Sucicty, a.; such Society by such Hules, shall direct, a n d also from time to time, to alter and amend such K d c s as occasion shall require, or annul, or repeal, the same, and to
make new 112~1~s in lieu thereof, under such restrictions as are in this
Ordinance contained: I'ROVIPED | that no member sllall rcreire, or bc |
entitled to receive, fioin the 17unds of such Society, any interest 01. dividend by way of annual, or other periodical profit, upon ally Shares in such Society, until the amount or value of his or her Sharc sllall have been realized, except; on thc withdrawal of such hleinbcr, nc- cording to the Rules of' such Society, then in force.
nlay | J T | that it shall and may be lawfbl to and |
received. for any such Society to h a w bud receive, from any hleniber
crl. Menhers thereof; any sum or buim of ruoiwy, by way of bonus, 011
;tny Share or Shares, fbr the privilege of' receiving the smnc in advance,
prior to the sanw being rcalizetl, and also any interest for the Sllarc | or Shares so recei~ed, | or any part thereof. |
I:IIL~TIIEIL | that i t sllall and may be |
for | l i l ~ f u l to and for m y such Society, in and by the Rnlcs thereof, to clcscribe thc Form or Forms of Conveyance, Mortgage, Transfer, |
<te. |
Agreement, Uontl, or other instr~~rnent, v-llich 1~1ay be necessary for |
carrying the purposes of the said Society into rxkution, and &ch provided.
shall be specified ancl set forth in a Sc:hedule to be annexed to the
that i t shall be lawful for the | Trustccs |
nn Mortgage to | ~ufticierlt discharge named in any Mortgiige mark on behalf of such Societies, or the | |
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X 7
V. | I T !-.\wtEn, t h a t bud1 S w i t ~ t y ) | as ;rforC- |
h a i d, 11ef'ore | the | 11111~s | t lweof | kh~ i t t lw | c o ~ ~ t i r n l c ~ l the |
vcrnor, i l l tlic ;n;rlkocr hcrcinafter dil*r(:t(vl, | s I I ~ I I I, |
of the i"luics to Ilc c~~nfirnicd | by | all :incl |
t l i ~ | intc-~lts: | ant1 purposes fbr wllich such Focicty | is cstal)l ishd, a |
shall also, ill allcl b y
such11 T'Lules, direct a11 ancl every thc uses and p ~ ~ r l ~ ~ s c s t o w l i i c ~ h t h e Alont~y I\ hicl1 sliall from t i ~ n e to time be sub-
s u - i h d, paid, | or 4 v c n to, al. for the use or | bclic.fit | of such Society, |
?
or | which | 01' | in illiyT\ih~ ~Ililll b~!013g | said |
Society, shall b e appropriated and ayyliecl, ant1 i l l nhat | Yl~areh and. |
J'roiwrtio~is, alld urntlcr
~ v h t circm~istnilces, any h1embcr of suchSociuty, or other pelwli, s l d l or nlxy becmw entitletl t o tllc samc, or
i l l i Y pixt tliercof) 1 ) r o v i d ~ d allat the upplication tl-~erenf shall notin
anywise | loc | I ' C I ) I I ~ ~ ~ ~ L ~ I ~ | to the usrs, iutents, u ~ i t l | l)urposcs, of such |
Society, or a n y of thcln, so t o bc decli~recl as :~fi)rc~saitl, :uid all such 12ulchs, during the cwntinumcc of the samc, shall be cornl>liccl with and enforcccl; a i l d thc
1 1 0 1 1 ~ 1 A so suhscr ibd, paid. or given, or,so arising, to or for the ubc or helwfit of s11cll Society, or krelongiilg tllcrcunto, s l ~ ~ l l not Iw tlivcrtecl or l'r~ih:~j)j)li(d, tlitller by t h ~ T'reit-
bllrer: | ' l 'rubt~c, or | T r ~ s t c e s, | or m y other OiIicer or Blelutbvr of such |
Socicty cntruhtctl thc.rewitll, undctr such 1'(\11:ilty or Forki ture as |
suelr Society shnI1 by any Rule irnposc ancl iuflict fi,r s ~ c h | offeucc, |
the other of said 'I'ritwc.r.ipts s l d i \K clcyobitcci v;ith | |
this |
the Registrar-Gc.ncra.1 of this Province, whicl~ | ' l ' r. i r ! ~ ~ i _. ~ ~ i ~ ~ t | bc |
filed | by | snrh | ICrgistrar | and | preserved | amoilgst the I ) b ~ ~ ' i ) r ( l ~ | :m(! |
Muniments of the said Registry Office, witliout any Fec or l!ewartl,
taken end deei&d to have ful i iloticc tllcrcof, and tho Tmmcript
~ o l ) y | dqlr:hitc.tl | wit11 | iht. |
:\S | 1 ficgistrar such Registrar, or his Depntv, shall be received as evicterice of such |
any such Triinhcript deposited with the said Ilcgibtrar-Gcncral as aforesaid, shall bth inaclc without Fcc or Kewarcl, except the actual expense of' such copy.
h'n Rules ailowed
VII. | h l ) BE | IT | ~ A C T E D, | that no Rule confirmed by the Gu- |
by the
Governor t o t e
d l w d hut at a | vernor, in manner aforesaid, shall be altered, rescinded, or repealed, |
unless a t | such Society, |
hock t y. aforesaid, conrened by Public Notice, written or printed, signed by the Secretary, C'h:ri~im~ii, or other principal Oficer., or Clerk of said Society, in 1)ursu:tnct: of
it requisition for that purpose, by seven or inore of the Members of such Society, which said requisition and notice shall he publicly read a t two usual Alectings of such Society, to be held nest hefort. such General Rleeting, for the purpose of b ~ ~ c h
211teratiou or llepeal, unless | of such JIenlbers shall |
have been iiomiilated for that purpose a t | Gener;~l blcctiily of the |
Members of said Foc.icty, convenecl in manner aforesaid, ill wll~ch casc such Committee hllall have the likc power to make such Alterations, or Kt~pwtl, iuld uilleas a~lcli Alterations or Rcpeal shall be iludc with the concurrence and approbation of three-ihurtlls of thc
;\Icnl- bers of tuch Societ), tlien and tliere present, or by the like pro- portion of' such Coiimittect as i~foresaicl, - if any shall have bcori nonli-.
i>atecl for that purpose: PROVIDED |
altered litdes s l d l comc into force, or hare any cffcct, until thc.
same have been coi~firrned m d deposited in manner aforesaid.
that the Rules of such Society sllall |
p1:ire of meetingand
S xcif'y |
! Ilo | tr | ||
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\ Officers na i iuy be appointcc1 for the man:~gernent | of tlic nffkirs ofsaid |
:-neiety nisy alter SO&$ | PIWY |
c of Mcetirrg. | alter their j~iace | or places of hlecting, w11euesr:r they may |
r.or~sider ~t riecasary upon giving notice thereof' in thc |
"-.
: | I ' R O \ - I ~ E D | ALSO, that the said notice |
l | h | i | I | - | - | > | published thrice, or oftener, i l l said |
S " c i ' b f y ~ l ~ l ~ ~ ~ l ~ l ~ i ~ l (
that such ---- | Society >hall, illid ~ u a k | from |
- _. _ | Comn~irtee. |
time to time, clcct and apnoint anv n~nubcr | of' the hlernbers of such |
h w r s
of standillgCnnlmittecs to I I ~ de-rl.wcd inttulev of the Socicty,and of par- tittilnr ones entered in
purposes, the p o ~ v ~ r s o f | sucl; | -~omrni t tee | being lirst d&l:lred |
bv thr: Tlulcs of | L? | t, l l ~ GUVCFiiUfZI1d | dr- | Committee hy |
h 1 1 m | IT | that | ~11~11, | iLlld SO oft~11 iIll;Y ~ ~ ' Y S O I ~ | seized |
or lmssessed |
I ' roprty, | or any Estate or In twes t therein, | :,,i |
of such Society, shidi \E | out of tllc julisdictidii of tlic | u | ~ | ) | ~ | ~ | h | a | e |
up^^ n ~ e | nl |
Court of illis Province, or shall bc Idiot, IAuniltic, or of Cnsoun(1 | ||
J h d, or i t shall be uoknown or unccrtnin whether he or they bc |
living or dead, or such person shall refuse t o Convcy or otlrcrwise |
Assure such Lands, Tenements, | Ilcrcdituincnts, | o i. | l 'qrcrty, |
Estate, or M e r e s t t o thc person duly i tonha ted as 'I'wstec | or |
Trustees of sucl~ | Society in his or their stcnd, then and in cvcry |
any aucll case it sliall he I:l\~ful | for the Supreme Court, or any Judge |
thercof, to appoint such person :is to such Court or Judge h 1 1 secill
nicet, on behalf and in tlic name of the person seized or possessed as i~foresaid, to Convey, Surrcndcr, Relcasi:,; \ ss ig~ l, or vtlit~rwiseAssure the said Laiids, 'I'encments, llereditnmcrrti, or I'ropcrty, or
i
Estate or Interest, to such 'l'rustce so duly noinii~ntcd | as aforesaid: |
i
and every such | ', |
.Issurtlncc, shall be | |
tllc ~H.OCPSS | of the said Court, or not | or having |
or a s if thfl perhon hc*ing Idiot, J,un:ttir, or of' tTnso11nd | ||
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%
XII. | WE | that every-dbmte between tlre 'I'rus- |
directing how disputes
tees or Colnlllittee of such Society, and | bjeli;ber or OfIiiFr |
tlEfeof, | or | n i l y x e c u t o r, | or | ~ d E i E t r n t o r, Next | o f Kin, |
ol-a-Cieclitor, o$ any deccased Member, or any person cl;~im-
such ~ s r c o t o ~, | Administwtor, Nest df 'Kin, or Cl-c- |
7 ditor, tlien, arid in every such case, the matter so in dispute shall h t
,) | / | referre2 to the Arbitration of two hdifferent persons, one to be cllosen and appointed by the Cloimlittee of s~xcli Society, ;tnd the other bp t l i ~ party with whom the dispute arose; and in case the Arbitrators so bppDintcd shall not ag~-co, then such matter in dispute sirall be refkrrerl in writing to an Llnpire, having no interest in such matter, |
01- in such Society, to be chosen by the said Arbitrators,; ~ l l d | ||
whatever Award, Order, or Determination, shall bc made by the said Arbitr:ttors, or by thc said Umpire, shall bc binding and conclusive on all parties, ancl s Id1 he final to all intents ancl purposes, without any appeal. |
XIII. | that all Real and lieritahle Propcllty, |
be vested in the Trus-
Goods, | C1mttels, | i~lld | ~ffectsivhitever, | and all | Titles. Se- |
o the~obl i@ory Iilstruments and Evidences |
- |
oTNuniments, and all other Effects whatever, and all Rights or
i | n | U | or L | L | sucil | S ~ c i c t y, sh:iil Le restecl in tile |
- | -. |
( | Trustees of such Soc i e ty fo t ~e time f being, for t h e - b e a id i ene f i t o t o c i e t y, and the respective Members thereof, their Exe- cutors, or rldniinistrators, according to their respective Claims, ant1 Interests, and after the Death or Rerrioval of any Trustee or Trustees, shnll vest ill the succeedincl. 'rrustee or Trustees, for the same Estate p, | a i d Interest as the forme1 | l rus tec or Trustees hacl tl~ereia, | and sub- |
/ ject to the same Trusts, without any Assignment or Conveyance | .-- | or Suit, as well |
. | - | . | whatever, and shall also, for al lEu~oses | - |
Crimii~nl | as C i ~ i t; i | or con- |
! | _ - I - - |
j; | cerning the same, EAdeFi~led | and taken | be, and d. d in e ~ r r L |
' sucli proceeding (\vhere necessary) be stilted to be, the property of the PCTSOI! -
; | |
I |
i~ppointed | to the officc"of Trustcc o?rruate&, |
-.
i I | Society for the t,imc being," i~i--tris or their p o p e r name, |
j | -- | ,-B |
further description+ and sucli person shal1,nnd he or they is and
arc
' | KGehy respectively i i u t l i & i d o r or | . '--- |
brought or dcfcndcd, any A c t i o n, ~ t, | - -- or Prosecution, CrinimaI as |
weR-G15ivil;in
Tlaw or ii; l?qwty, tonchi~ig or concertiiry the Property, Right, or Claim aforesaid, or-i~--belonging to; or & d i y d % d c k t y, provided such person oFpersons shall have bee0 there-
?- | \\ | --.. |
p~ | ;sent | n t ~ Y X T G 3 i n g | of | the Society -0: | Conmittee t l r e i i 6 r i ~ n c l |
* |
such person so appomtcd, may in nllcases | t l i ~ i e r t y, |
Right,
XIV. i i ~ n | nc | that 011 the ' h i d of ally ,ictioll, 111- inay | be | wi t~~esseq. | Sncit ty |
tlictnlrnt, or other Ir'rocecding, respecting tlrc d'ropcrty of such Society, or in any Procecclings before thc Su1)rcme Court, or iuly other jurisdictioil ill this Province, any Member of such Socicty shall be a conilwtcnt JVitiicss, ant1 shall not
be ol),jccted to on account of any interest he inay Iiave as sncll hlembcr in the resultof snch Action, Intlictrllent, or other Proceecling.
sponsibility of
m y other Otfrcer of such Society, slmll not be liable to make good | |
m y deficiency which Inay arise in the Funds of such Society: | |
I-rnED |
Officer of a n y hlicli Society, d d l be, and tlicy | are hereby declared |
to be, pcrwiially responsible and liable Ihr all ;\lolleys actually re- |
ceivecl by him or t lmn 011 account of, or to ancl for tlle use of,
arttinkly rcveivcc1. such Society.
Society | IT | EK.~CTF,D, | that the Ilule:, | of' |
annual | audits | and |
statemcirts | of | the shall | r~rovidc that the | Tret~surer, Trustees. ~ccrc t t lm. or ot71(11 |
p h c i & | Officer tllcrcof, shall, once in every | ||
hers. |
or cause to be prepar~d,
n General Statement of' thc Funds ancl Effects of or beloirging to such Socicty, specifying ill w h n w c.ustodv. .or possesiou the said k 'u~ds or Kff'ects shall be then rt.irr;l~uulg,
together with nil Account of all and evcry thc. r;viow slum of Money received ancl expended by or on account of such Society since 'the publication of the preceding periodical st:~teltwilt, and every such periodical statement shall be attested by two nr
nrorrb hleiubers of such Society, appointed Aurlitors for that purpose, anti s l d l be countersigned h i the Secretary of said Socir.ty, and shall cause the same to i j e published in theG ' o u e r m ~ e / ~ f GCTZ~ I /P, iiil~l:L
copy thereof to be transmitted to the Governor, to be by hiun | I:licl |
before the Legis1;~ture at the earliest convenient time,
;m1 every Member shall bc cntitled to receive fronr such Society a. copy of such periodical statement, on payment of such snnr ns thc Rules of said Socicty may require, not racecding the sum of Sixpeilcc.Executorr,
&C.. of
that if any person aypointcd, or |
t o |
Society | such Society, ;md hcing entrusted with the kcepiog of the Accounts, | |
|
elrqdoynlent any Moneys or Effects belonging to such Society, or
any Deeds or Securities relating to the sainc, shall die or heconlc u
Bankrupt or TnsolveI~t, or have any Execution or Attachnient or other Process issued, or Action, or Proceedings c o n ~ n ~ r ~ ~ c e c l itgainst
Ilia L a d s, Goods, Clmttels, or Effccts, | or Property, | or | i h t i ~ t r, |
or make any Assignment, L)isposition, or other Come ynnce thereof; for the benefit of his Creditors, his Heirs, Executors, Administrators, or Assigns, or other Persons having legal right, or the Sheriff, or uther Officer executing such Process, or the pxrty using such Action or Proceedings, shall within forty days after demand m,zde in w~.itirig
part of thcm assernbled a t any Meeting thereof, deliver and pay over | by the order of such Society, or Coinmittec tllcreof, or the major |
all hIoneys iund other things belonging to such Society to s l~ch pcrson ss such Society or Committee shall appoint, and shall pay out of the Estates, Assets, or Effects, of such person, all sums of Rloney remaining due, rvlrielr such person received by virtnc of liis said office | |
1111 such Assets, Lands, Goods, Chattels, Property, Estates, arid | |
Effects, shall be bound to the payment |
AND BE | that in case any Member of any | not |
Society shall die, who s l d l hc entitled to any Sum 1l0t exceeding
where Members(lie
Twenty Pounds, it ~lli~11 | be lawful. for the Trustees or Directors of i"testt5t". |
such Society, ant1 they are hereby authorised and permitted, if such
Trustees or Directors shall
'be satisfied that no Will w s made ;~ndleft by such dcceasetl hlember, and that no 1,etters of Administration
will be taken out of tllc Funds, Goods, ailcl Cliattels of such Dc- positor, t o p t y the same a t any time aftcr the decease of such Member, according to the Rules and Regulations of the said Socicty; and in the event of thcrc being no l'lules and Regulations made in that behalf, t lml the said Trustees or Directors arc hereby authorised and permitted to pay and divide tllc same to and amongst the Person or Ycrsons cntitlecl to the effects of the deccased intestate,
1011. |
LLUrt.
unto mnexcd, sigged by tllc T r n k i ~ ~ s | _ of |
speclively be | r t r co rW~Ir>GE | '&th in the Sulmine Court of South |
I
South Australia, xithin thirty days | next after such ' h s t e e or such |
Secretary shall bc: so elcctetl, as the case may be.
that until | until | ||
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of tllc Triistcyy,, or of the Secretary fo<%E | timi Icing, be rccoriTerl ill |
i | |
shall be brought hy sucll Sociaty in the | \ |
-- |
-
under the authority of this Ordinance.
Esac~l in, | that in | Action to bc broudlt in | ~~. .: t :~ t | p0.t | of |
tlic name of tlic mid Trustces of such " ~ u c i o t ~ ' | by virtue ot this ,,, |
Ordilinnce, the Plaintiff thcrein shall riot be nonsnited, nor shall
;L verdict be given again& l h r for want of proof of the Record of such Memorial or Mcroorinls,i ls hereinbefore mentin11c.d~ but in case the Uefend:lnt in any aneh Actioli shall make i t appear on such Trial that rlo such Memorial or hleir~orials as hereinbefore iuentiuncd Ims or have been recorded, then a nonsuit shall be entered in such Action.
!' | l |
t$l;lt |
of 1843,not to apply
to |
shell not be applicable to any Chairlnau or other ~ r c s i d h g - Mcmber
of any such last-mentioned Society, who shall offer for sale or sell
it11y Slmre or Shares of' m y slich Society, to a n d amongst the Members thereof, at
a !Meeting thereof held according to the Bides and llegulations of such Society.
Funds | PKOV~UED | ALWAlS, | BR | IT | that |
uothing hercin contained s h l l authorise any Benefit Dnildirlg Society to invests its Funds, or any part thereof, in any Savings' |
that cvcry such Society taking the |
Accounts andHeports coo: beilcfit of this Ordinance sllall, a t such times, and in such form and
,h,. |
rnnrmer, and to such persons as shall be froin time to time appointed by the Governor, furnish all such just and true Accounts, Jtrports, Statistical Tables, ancl Statcrnents, as shall be required to cluciclatc thc Statc a i d Proceedings of such Society, and the manner in wllicln the purposes of such Society, ancl the Provisions of this 01.rlin;tncr, have been carried into eff'ect.
that all Uuildillg Societies | |||
established prior to the coinmenr:cme~it l~ereof, shall be entitled to thc. | |
Protection and fSei?efit of this Ordinance on their present l<ules being |
riles |
duly confirmed and deposited as directed by this Ordinance, and | |
no such Society shall bc cntitled to the benefit of this Ordinance until their Rules shall have been so confirmed and deposited, such Society shall be required to nltel. in any manner the IPules untlcr | |
w h i h they are now respectively governed. |
that this Ordiuarlcc |
of as such by a11 Judges, Justices, and others, within tlic Province of | ;md taken to be n Public: Act, and s11:tll he judicially | Youth Australia, without being specially pleaded. |
t l u t this Ordi~lanct' | sliall corlimcuce |
itlltl take efreet from and after the passing thereof.
," |
@, | =--, |
Jfenrorial of tlic | -- | A- name-of | - | the Chairman [or the Secretary, as | ,.- | '-2 |
'/ |
the casc may be] of the Benefit BZlding Sdciety, Pursuant to |
__- | _ I - | " |
Ordinancc Enacted by thc Governor and Legislative Council of South | " |
Australia [No. 12, of 1850] to establish and regulate Benefit | |
Building Societies, and to provide for the management and security | |
of' the Funds thereof'. |
[Chairman or Secretary, as the case may be.) |
07
,,.' | & | , | , | ' | . ' | , | / |
E. ]E;‘. | /I--- | |
L. M. of Adelaide, Gentleman, rnaketh Oath and saitli that
he was present and did sec the foregoing Mcoiorial signed by the
;hove i~arned Chairmm [or Secretary, as the case may | 'L-- | - |
-
-.-+
'T'rustees respectiveXY, whose nalncs appear thereto. | .--- |
- --
0
0
0