Friendly Societies Act 1843 No 13a (NSW)

No. X.

An Act to regulate Fr iendly Societies in the

Colony of New South Wales.	[24th No­
vember, 1843.]

the format ion of others for ra is ing by v o l u n t a r y subscr ip t ion of t he WH E R E A S Colony of N e w Sou th W a l e s a n d i t is desirable t o encourage

cer ta in Fr iendly Societies have been establ ished in t he

members thereof separate funds for the m u t u a l relief and ma in t enance of t h e m e m b e r s of such societies the i r wives chi ldren re la t ions or nominees in sickness infancy advanced age widowhood or any o ther n a t u r a l s ta te or cont ingency whereof t h e occurrence is suscept ible of ca lcula t ion by way of average or for any o ther purpose which is n o t i l legal and it is expedien t to give pro tec t ion t o such societies and the funds the reby establ ished and to afford encouragemen t to o ther persons to form l ike societies Be i t therefore enacted by H i s Excel lency t h e

Governor of N e w Sou th W a l e s wi th t h e advice and consent of t h e

Legis la t ive Counci l thereof Tha t i t shal l a n d m a y be lawful to a n d for

any n u m b e r of persons in t h e Colony of N e w Sou th W a l e s to form themselves in to and to establish a society for t h e purpose of ra is ing from t ime to t ime by subscr ipt ion of t he several member s of every such society or by vo lun t a ry cont r ibu t ions or donat ions a s tock or

fund for t he m u t u a l relief or ma in t enance of all a n d every t h e m e m b e r s

thereof the i r wives ch i ldren re la t ions or nominees in sickness infancy

advanced age widowhood or any o ther n a t u r a l s ta te or con t ingency whereof t h e occurrence is susceptible of calculat ion b y way of average or for any other purpose which is n o t i l legal and to and for t h e several member s of any such society from t ime to t i m e to assemble together

and to m a k e orda in a n d cons t i tu te such proper and wholesome ru les

for t h e be t t e r gove rnmen t of t h e same as to t he major p a r t of t h e

m e m b e r s of such society so assembled toge the r shall seem m e e t so as

such ru les shal l no t be r e p u g n a n t to t h e laws of th i s Colony nor any of t h e express provisions or regula t ions of th i s Ac t and to impose a n d to inflict such reasonable fines and forfeitures u p o n t h e several member s of any such society who shal l offend agains t such ru les as shal l be j u s t and necessary for duly enforcing t h e same to be respectively pa id to such uses for t he benefit of such society as such society by such ru les shall direct a n d also from t ime to t ime to a l ter a n d amend such ru les as occasion shal l r equ i re or to a n n u l and repea l

2. A n d be it enacted T h a t every such society so t o be estab­ l ished as aforesaid before any of t h e ru les shall be confirmed by t h e Jus t ices in t h e m a n n e r hereinafter directed shall in or by one or more of t h e ru les to be confirmed by such Jus t i ces declare all and every t h e in ten t s and purposes for which such society is established or in tended to be established and shal l also in and by such ru les direct all a n d every t h e uses a n d purposes to which the money which shall from t ime to t ime be subscr ibed paid or given to or for t h e use or benefit of such society

t h e same and to m a k e new ru les in l ieu thereof unde r such res t r ic ­

t ions as are in th i s A c t conta ined Provided always t h a t when t h e ru les of any such society provide for relief in any other case t h a n t h a t of sickness infancy advanced age widowhood or o ther n a t u r a l s ta te or cont ingency as aforesaid t h e cont r ibu t ions for such o ther purpose shal l be k e p t separate and dis t inct or t h e charges defrayed by ex t r a subscr ip t ions of t h e members a t t h e t ime such contingencies t ake

place a n d t h a t n o secret society hav ing signs counters igns passwords

or n u m b e r s no r any t r ade society shal l be ent i t led to t h e benefit or

deemed to be w i th in t he provisions of th i s Ac t .

society or wh ich shall arise theref rom or in anywise shall be long to any such society shal l be appropr ia ted and applied and in wha t shares and propor t ions a n d u n d e r w h a t c i rcumstances any member of such society or o ther person shal l or m a y become ent i t led to t h e same or any pa r t thereof Provided t h a t t h e appl icat ion thereof shall no t in anywise be r e p u g n a n t to t he uses i n t en t s and purposes of such society or any of t h e m so to be declared as aforesaid and all such ru les du r ing the con t inuance of t h e same shal l be complied w i t h and enforced and the monies so subscribed paid or given or so ar is ing to or for t he use or benefit of such society or be longing the re to shal l n o t be diverted or misappl ied ei ther by t h e t r easure r t ru s t ee or a n y o ther officer or m e m b e r of such society en t rus ted the rewi th unde r such pena l ty or forfeiture as such society shall by a n y ru l e impose and inflict for such offence.

3 . A n d be i t enacted Tha t two t ransc r ip t s fairly wr i t t en on

paper or p a r c h m e n t of all rules m a d e in pursuance of th i s A c t signed by th ree member s and counters igned by the c lerk or secretary (accompanied in t h e case of an a l te ra t ion or a m e n d m e n t of t h e rules wi th an affidavit of t h e clerk or secretary or one of t h e officers of the said society t h a t t h e provisions of t h e A c t unde r which t h e rules of the society m a y have been enrolled have been duly complied wi th) with all convenient speed after t h e same shal l be m a d e al tered or amended and so from t ime to t i m e after every m a k i n g a l te r ing or amend ing thereof shall be submi t ted to t h e A t t o r n e y Genera l or to a bar r i s te r at law appoin ted by the Governor for t he purpose of ascer ta in ing whe ther t h e said ru les of such society or a l te ra t ions or amendmen t s thereof are calculated to car ry in to effect t he in ten t ion of t h e par t ies f raming such

rules a l te ra t ions or a m e n d m e n t s a n d are in conformity to law and to

t h e provisions of th i s Ac t and t h a t t h e said A t t o r n e y Genera l or bar­ r is ter shal l advise wi th t h e said clerk or secretary if r equ i red and shall give a certificate on each of t h e said t r ansc r ip t s t ha t t h e same are in

conformity to law a n d to t h e provisions of t h i s A c t or po in t out in

w h a t p a r t or p a r t s t he said ru les a l te ra t ions or a m e n d m e n t s are r epug­

n a n t the re to and one of such t r ansc r ip t s w h e n certified by the At to rney

Genera l or bar r i s te r shal l be r e tu rned to t h e society and the other of

such t ranscr ip t s shall be t r ansmi t t ed by t h e A t to rney Genera l or bar­ r is ter to t h e Clerk of the Peace for t h e county where in such society shall be formed and by h i m laid before t h e Jus t i ces of t h e Peace for such coun ty a t t h e Genera l Q u a r t e r Sessions or ad journment thereof

held nex t after t h e t ime w h e n such t r ansc r ip t shal l have been so cer­

tified a n d t r a n s m i t t e d to h i m as aforesaid and the Jus t i ces t h e n and

the re present a re he reby au thor ized and requ i red wi thou t mot ion to allow and confirm t h e same and such t r ansc r ip t shal l be filed by such Clerk of the Peace w i t h t h e rolls of t h e Sessions of t h e Peace in his custody wi thou t fee or r eward and t h a t all ru les a l te ra t ions or amend­

men t s thereof from the t i m e w h e n t h e same shal l be certified by the

said A t to rney Genera l or ba r r i s t e r shall be b ind ing on the several member s and officers of t h e said society and all o ther persons hav ing

interes t there in .

4 . A n d be i t enacted T h a t in case any such A t t o r n e y Genera l

or ba r r i s t e r shal l refuse to certify all or any of t he ru les so to be	sub­
m i t t e d for his perusa l and examina t ion i t shall t h e n be lawful for	any

such society to submi t t h e same to t h e Cour t of Q u a r t e r Sessions

toge the r w i th t h e reasons assigned by t h e said A t t o r n e y Genera l or

bar r i s te r in wr i t i ng for any such reject ion or disapproval of any one

or more such ru les and t h a t t h e Jus t i ces at the i r said Quar t e r

Sessions shal l a n d m a y if t hey t h i n k fit confirm a n d allow t h e same

no twi th s t and ing any such rejection or disapproval by any such A t t o r n e y

Genera l or ba r r i s t e r Provided t h a t t h e Cour t of Qua r t e r Sessions for

t h e

t h e aforesaid purpose shal l consist of a t least t h ree Magis t ra tes a n d t h a t not ice in wr i t ing of such submission shal l be given to t he said A t to rney Genera l or bar r i s te r at least t e n days previously to t h e

s i t t ing of t h e said Cour t .

5. A n d be it enacted Tha t no such society as aforesaid shal l have t h e benefit of th i s Ac t un less all t h e ru les for t he m a n a g e m e n t thereof shall be entered in a book to b e k e p t b y an officer of such society appoin ted for t h a t purpose and which book shall be open at all seasonable t imes for t he inspect ion of t h e members of such society and unless all such ru les shall be fairly t ranscr ibed and such t ranscr ip t deposited wi th t he Clerk of t h e Peace for t h e coun ty where in such society shall be establ ished as aforesaid b u t nevertheless n o t h i n g con­ ta ined here in shal l ex tend to p reven t any a l tera t ion in or a m e n d m e n t of any such rules so en te red and deposited as aforesaid or repea l ing or annu l l i ng t h e same or any of t h e m in t h e whole or in p a r t or m a k i n g any new rules for t he m a n a g e m e n t of such society in such m a n n e r as by t h e ru les of such society shall from t ime to t ime be provided b u t such new ru les or a l te ra t ions in or a m e n d m e n t s of former ru les or any order a n n u l l i n g or repea l ing any former ru les in t he whole or in p a r t shal l no t be in force u n t i l t h e same respectively shal l be entered in such book as aforesaid a n d certified w h e n necessary by such A t t o r n e y Genera l or bar r i s te r as aforesaid and u n t i l a t r ansc r ip t thereof shal l be deposited wi th such Clerk of t h e Peace as aforesaid who shall file and certify t he same as aforesaid and t h a t n o such ru l e or a l te ra t ion in or a m e n d m e n t of any former ru le shal l be b ind ing or have a n y force or effect u n t i l t h e same shal l have been confirmed b y such Jus t i ces and filed as aforesaid.

6. A n d be i t enacted Tha t all ru les from t ime to t ime m a d e for t h e m a n a g e m e n t of such society and duly en te red in such book and

confirmed by the Jus t i ces shall be b i n d i n g on t h e several m e m b e r s and

officers of such society and t h e several con t r ibu tors there to a n d the i r representa t ives all of w h o m shall be deemed and t aken to have full not ice thereof by such e n t r y and con t r ibu t ion and t h e en t ry of such

ru les in such book or t h e t r ansc r ip t thereof deposited wi th such Clerk

of t h e Peace or a t r u e copy of such t r ansc r ip t examined wi th the or iginal and proved to be a t r u e copy shal l be received as evidence of such ru les respectively in al l cases and n o certiorari or o ther legal process shal l be b r o u g h t or al lowed to r emove a n y such ru les in to the S u p r e m e Cour t of N e w Sou th W a l e s at Sydney or M e l b o u r n e respec­ tively and every copy of any such t r ansc r ip t deposited wi th any Cleric

of t h e Peace shall be m a d e wi thou t any fee or reward except t h e actual

expense of m a k i n g such copy.

7 . A n d be i t enacted Tha t no ru le confirmed by t h e Jus t i ces of

t h e Peace in m a n n e r aforesaid shal l be a l tered rescinded or repealed

unless a t a general mee t ing of t he m e m b e r s of such society as afore­

said convened b y pub l i c notice wr i t t en or p r in t ed signed by the secretary or o ther p r inc ipa l officer or clerk of such society in pursuance of a requis i t ion for t h a t purpose by seven or more of t he m e m b e r s of

such society which said requis i t ion and not ice shal l be publ ic ly read

a t t h e t w o usua l meet ings of such society to be he ld n e x t before such genera l mee t ing for t he purpose of such a l te ra t ion or repeal unless a commit tee of such member s shall have been nomina t ed for t h a t purpose a t a genera l m e e t i n g of t h e member s of such society convened in m a n n e r aforesaid in wh ich case such commi t tee shall have t he like power to m a k e such a l te ra t ion or repeal a n d unless such a l tera t ion or repeal be made w i t h t h e concurrence a n d approbat ion of three-four ths of t h e member s of such society t h e n and t he r e present or by t he like p ropor t ion of such commi t tee if any shal l have been n o m i n a t e d for

t h a t purpose .

8. A n d be i t enacted Tha t t h e rules of every society formed u n d e r t h e au tho r i t y of th i s Act shal l specify t h e place or places a t wh ich i t is i n t ended such society shall hold i ts mee t ings and shal l con ta in provis ions wi th respect to t h e powers and dut ies of the mem­

bers a t l a rge and of such commit tees or officers as may be appoin ted

for t h e m a n a g e m e n t of t he affairs of such society Provided always t h a t it shal l and may be lawful for any such society to a l ter the i r place or places of mee t ing whenever t hey m a y consider i t necessary upon g iv ing not ice thereof in wr i t ing to the Clerk of t he Peace for t h e coun ty or district wi th in which such society shal l be held t h e said not ice to be given wi th in seven days before or after such removal and signed by t h e secretary or o ther pr inc ipa l officer and also by th ree or more of t h e members of such society and provided t h a t the place or places a t which such society i n t end to hold the i r mee t ings shall be s i tua te wi th in t h e county or distr ict in which the rules of t h e said society are enrolled.

9. A n d be i t enac ted Tha t every such society shal l and may

from t ime to t ime a t any of thei r u sua l meet ings or by the i r commit tee if any such shal l be appointed for t h a t society elect a n d appoin t such

person in to t he office of s teward pres ident t r easure r or t r u s t ee of such society as they shal l t h i n k proper and also shal l and may from t ime to t ime elect and appoin t such clerks and other officers as shal l be deemed necessary to car ry in to execut ion the purposes of such society for such space of t ime and for such purposes as shal l be fixed and established by the rules of such society a n d from t ime to t ime to elect and appoint o thers in t h e room of those who shal l be absen t from the Colony be removed vacate or die a n d such t reasurer t ru s t ee and all a n d every o ther officer or o ther person whatsoever who shall be appointed to any office in anywise touch ing or concern ing the receipt or expen­ d i tu re of a n y s u m of money collected for t h e purpose of any such society before he she or they shal l be admi t ted to t ake u p o n h im her or t h e m t h e execut ion of any such office of t r u s t (if requi red so to do by t h e rules of such society to which such officer shall belong) shall become b o u n d in a bond according to t he form prescr ibed in t h e Schedule to th i s Ac t annexed marked A wi th two sufficient suret ies for t h e j u s t and faithful execut ion of such office or t r u s t and for r ender ing a j u s t and t r u e account according to t h e rules of such society and in all m a t t e r s lawful t o pay obedience to t he same in such penal sr. m of money as by t h e major p a r t of such society a t any such mee t ing as aforesaid shal l be t h o u g h t expedient a n d to t he satisfaction of such	society a n d t h a t every such bond to be given by or on t h e behalf of such
t r easure r or t rus tee or of any o ther person appointed to any other
office or t r u s t shal l be given to the Clerk of t h e Peace of t h e county or dis t r ic t where such society shall be established for t he t ime be ing wi thout fee or r eward a n d in case of forfeiture i t shall be Lawful to sue upon such bond in t h e n a m e of the Clerk of t h e Peace for t h e t ime being for t h e use of t h e said society fully indemnifying and saving harmless such Clerk of t h e Peace from all costs and charges in respect
o ' such sui t .
10. A n d be it enacted Tha t every such society shall and may from t ime to t i m e elect and appoin t any n u m b e r of t he members of such society to be a commit tee t he n u m b e r thereof to be declared in t h e ru les of every such society and shall and may delegate to such commit tee all or any of t h e powers given by th is A c t to be executed who being so delegated shal l cont inue to act as such commit tee for a n d du r ing such t i m e as t h e y shal l be appointed for such society for general purposes t h e power of such commi t tee be ing first declared in a n d by the rules of such society confirmed by t h e Jus t i ces of t he Peace a t the i r Sessions and filed in t h e m a n n e r hereinbefore directed and in all cases where a commit tee

4 I — V O L . 2. shall

shal l be appoin ted for any pa r t i cu la r purpose t h e powers delegated to such commit tee shall be reduced in to wr i t ing and en tered in to a book by t h e secretary or clerk of such society a n d a major i ty of t h e member s of such commit tee shall a t all t imes be necessary to concur in any act of such commit tee and such commit tee shal l in all t h ings delegated to t h e m act for and in t h e n a m e of such society a n d all acts and orders of such commit tee u n d e r t he powers delegated to t h e m shal l have t h e l ike force and effect as t h e acts a n d orders of such society a t any general m e e t i n g thereof could or m i g h t have h a d in pu r suance of t h i s Ac t Provided always t h a t t h e t r ansac t ions of such commit tee shall be entered in a book be longing to such society and shal l be from t i m e to t i m e a n d a t all t imes subject a n d l iable to t h e review al lowance or disal lowance and cont ro l of such society in such m a n n e r a n d form as such society shal l b y the i r genera l ru les confirmed by t h e Jus t i ces and filed as aforesaid have directed and appoin ted or shall in l ike m a n n e r direct and appoin t .

1 1 . A n d be it enacted T h a t on t h e t r i a l of any act ion indict­

m e n t or o ther proceeding respec t ing t h e p rope r ty of any society

enrolled u n d e r t h e au tho r i t y of th i s A c t or in any proceeding before

any J u s t i c e of t h e Peace any m e m b e r of such society shal l be a competent wi tness and shal l n o t be objected to on account of any in teres t h e m a y have as such member in t h e resu l t of such action

ind i c tmen t or o the r proceeding.

12. A n d be it enacted Tha t no fee shal l be charged to any

member of any Friendly Society wha tever for any oa th or oa ths which

he m a y be legally r equ i r ed to m a k e before any M a g i s t r a t e or M a g i s t r a t e s

in order to ob ta in t h e p a y m e n t of h is sick pay or a l lowance any law

usage or cus tom to t h e con t ra ry n o t w i t h s t a n d i n g .

1 3 . A n d be i t enacted T h a t i t shal l a n d m a y be lawful to and

for t he t r easure r or t r u s t ee for t h e t ime be ing of any such society

and he she and t hey is and are he reby au thor ized and requi red from

t i m e to t ime by a n d wi th t h e consent of such society to be h a d and testified in such m a n n e r as shal l be directed by t h e genera l ru les of such society to inves t such p a r t of all such sums of money as shal l a t any t ime be collected given or paid to a n d for t h e beneficial ends in t en t s and purposes of such society as t h e exigencies of such society shal l no t call for t h e immedia te appl ica t ion or expend i tu re

of in t h e Savings B a n k of N e w South W a l e s or P o r t Ph i l l i p respec­

t ively in t h e p rope r n a m e of such t r e a s u r e r or t ru s t ee a n d from

t ime to t i m e w i t h such consent as aforesaid to w i t h d r a w such a m o u n t s

as m a y be requ i red to mee t t h e demands m a d e upon t h e funds in

s t r ic t accordance wi th t he ru les of such society a n d t h a t al l in te res t

a n d proceeds which shal l from t ime to t i m e ar ise from t h e monies	so
invested as aforesaid shal l from t i m e to t i m e be b r o u g h t to account	by

such t r e a s u r e r or t r u s t ee a n d shal l be applied t o a n d for t h e use of

such society according to t h e ru les thereof.

14. A n d be i t enac ted T h a t every person w ho shal l have or

receive any p a r t of t h e monies effects or funds of or be longing to any

such society or shal l i n any m a n n e r have been or shal l be en t ru s t ed

wi th t h e disposal m a n a g e m e n t or custody thereof or of any securit ies

books pape r s or p roper ty r e l a t ing t o t h e same his or he r executors

admin i s t ra to r s and assigns respectively shall u p o n demand made or not ice in wr i t ing given or left a t t he las t or u sua l place of residence of such persons in p u r s u a n c e of any order of such society or commit tee to he appoin ted as aforesaid for t h a t purpose give in his or her account a t t h e usua l m e e t i n g of such society or t o such commi t tee thereof as afore­ said to be examined and allowed or disallowed by such society or commit tee thereof and shal l on t h e l ike demand or notice pay over all t he monies r ema in ing in his or her handsand assign and t ransfer or

deliver

deliver all securi t ies and effects books papers and proper ty t a k e n 01 s t and ing in bis or he r n a m e as aforesaid or be ing in his or her h a n d s 01 cus tody to t h e t reasurer or t rus tee for t h e t ime being or to such other person as such society or c o m m i t t e e as aforesaid shall appoin t a n d in case of any neglect or refusal to deliver such account or to pay over such monies or t o assign t ransfer or deliver such securit ies and effects books papers and proper ty in m a n n e r aforesaid i t shal l and m a y be lawful t o and for every such society in t h e n a m e of t he t r easure r or t rus tee or o ther pr inc ipa l officer thereof (as t h e case may be) to exhibi t a pet i t ion in t h e Supreme Cour t of N e w South W a l e s a t Sydney or Melbourne respectively or any Circui t Cour t which shall and may proceed t h e r e u p o n in a s u m m a r y way a n d m a k e such order there in upon hear ing all par t ies concerned as to such Cour t in the i r discretion shal1 seem j u s t which order shal l be final and conclusive and all a s s ignments sales and t ransfers made in p u r s u a n c e of such order shall be good and effectual in law to all i n t en t s and purposes whatsoever .

15. A n d be it enacted Then w h e n and so often as any person

seised or possessed of any lands t enement s or he red i t aments or other

p roper ty or any es ta te or in te res t there in as a t rus tee of such society

shal1 be out of t h e ju r i sd ic t ion of or not amenable to t h e process of the Supreme Cour t of N e w South W a l e s a t Sydney or Me lbourne respectively or shall be idiot luna t ic or of u n s o u n d m i n d or i t shall be u n k n o w n or unce r t a in whe the r he or she be l iv ing or dead or such person shall refuse to convey or otherwise assure such lands t enemen t s he red i t ament s or p roper ty or estate or in te res t to t h e person or persons duly nomina t ed as t rus tee of such society in the i r stead e i ther alone or toge ther w i t h any con t inu ing t ru s t ee as occasion m a y requi re t hen and in every or any such case it m a y be lawful for t h e Judges of t he said Sup reme Cour t t o appoin t such person as to such Cour t shall seem mee t on behalf and in t h e n a m e of t he person seised or possessed as aforesaid to convey sur render release assign or o therwise assure t he said lands t e n e m e n t s he red i t amen t s or p roper ty or es ta te or in te res t to such t rus tee so duly nomina ted as aforesaid and every such conveyance release su r render ass ignment or assurance shal l be as valid and effectual t o all in ten t s and purposes as if the person be ing out of t he

ju r i sd ic t ion of t he said Cour t or not k n o w n to be alive or hav ing

refused or as if t h e person be ing idiot luna t i c or of u n s o u n d m i n d bad

been a t t h e t ime of t h e execut ion thereof of sane m i n d memory and

u n d e r s t a n d i n g and had by himself or herself executed t h e same.

16. A n d be i t enacted Tha t w h e n a n d as often as it shall happen t h a t all a n d every person in whose n a m e any p a r t of t he funds

shall be invested in t h e Savings B a n k s of N e w South Wales or Po r t Phi l l ip respectively is are or shal l be s t and ing as t rus tee of any such society shal l be absent out of t h e ju r i sd ic t ion or not amenable to t h e process of the said Sup reme Cour t or shall be a b a n k r u p t insolvent or l una t i c or i t shall be uncer ta in or u n k n o w n whe the r such t rus t ee is l iv ing or dead t h a t t hen and in such case i t shal l and m a y be lawful to and for t h e J u d g e s of t h e said Supreme Cour t or any of t h e m to order a n d direct t h a t t h e accoun tan t secre tary or depu ty secretary or other

p roper officer for t h e t ime be ing of t h e Savings B a n k do t ransfer in

t h e book of t h e said b a n k such funds s t and ing as aforesaid to t he n a m e of such person as such society m a y appoin t and also pay over to such person as aforesaid t h e in teres t of such funds a n d when a n d as often as it shal l h a p p e n t h a t one or more only and n o t al l or bo th of such t rus tees as aforesaid shal l be so absent or no t amenab le to such process as aforesaid or a b a n k r u p t insolvent or luna t i c or it be uncer ta in or

u n k n o w n w h e t h e r any one or more of such t rus tees is or a re l iv ing or

dead t h a t t hen and in all and every such las t -ment ioned ease or cases if shal l and m a y be lawful to and for t he J u d g e s of t he said Supreme

Cour t

Cour t or any of t h e m to order a n d direct t h a t t h e o ther and o thers of

such t rus tees who shal l he for thcoming and ready a n d qualified to ac t do transfer such funds to t h e n a m e of such person as aforesaid and also t h a t such for thcoming t rus tee do also receive a n d pay over t he interest of such funds as such society shal l direct and t h a t all such t ransfers and p a y m e n t s so m a d e shal l be a n d a rc hereby declared to be valid a n d effectual t o all i n t en t s and purposes whatsoever any former s t a tu t e l aw usage or cus tom to t h e con t r a ry thereof in anywise not­ w i th s t and ing .

17. A n d be it enacted Tha t no fee r eward e m o l u m e n t or g ra tu i ty

whatsoever shal l be demanded t a k e n or received by any officer or min i s t e r of t h e said S u p r e m e Cour t for any m a t t e r or t h i n g done in such Cour t in p u r s u a n c e of t h i s A c t a n d t h a t upon t h e p resen t ing of any such pe t i t ion i t shall be lawful for t he J u d g e s of t h e said Cour t or any of t h e m to assign counsel l ea rned in t h e law a n d to appoint an a t t o rney or solicitor of such Cour t t o advise a n d car ry on such pet i t ion on t h e behalf of such society who are hereby respectively requi red to

do the i r dut ies t h e r e i n w i t h o u t fee or reward .

18 . A n d be i t enacted T h a t if any person a l ready appoin ted or

WHO m a y hereafter be appoin ted to any office in a society established u n d e r th i s A c t and be ing e n t r u s t e d wi th t h e keep ing of t h e accounts or h a v i n g in his h a n d s or possession b y v i r t ue of his said office or emp loymen t any monies or effects be longing to such society or any deeds or securi t ies r e la t ing to t he same shal l die or become a b a n k r u p t

or insolvent or have any execut ion or a t t a c h m e n t or o ther process

issued against his l ands goods cha t te l s or effects or m a k e any assign­ m e n t disposition or o the r conveyance thereof for t h e benefit of h is credi tors his hei rs executors admin i s t r a to r s or assignees t rus tees or

o the r persons h a v i n g legal r i gh t or t h e Sheriff or o ther officer execu t ing

such process shal l wi thin forty days after demand m a d e in wr i t ing by t h e order of any such society or commi t tee thereof or t he major p a r t of t h e m assembled at any mee t ing thereof deliver and pay over all monies and other th ings be long ing to such society t o such person as such society or commit tee shal l appoin t a n d shal l pay ou t of t h e es ta tes assets or effects real or personal of such persons all sums of money r ema in ing due which such person received b y v i r tue of his said office or employment before any other of h is debts a re pa id or satisfied or before t h e money directed to be levied by such process as aforesaid is paid over to t h e p a r t y i ssuing such process and all such assets l ands goods chat te l s p roper ty es ta tes a n d effects shall be bound m e n t and discharge thereof accordingly. to t he pay­ 19. A n d be i t enacted T h a t all freehold and chat te l in te res t s in

l ands monies goods and effects whatever and al l t i t les securit ies for

money or o ther obl igatory i n s t r u m e n t s and evidences or m u n i m e n t s

a n d all o ther effects wha teve r a n d all r igh t s or c laims be long ing to or

h a d by such society shal l be vested in t h e t r easure r or t ru s t ee of such

society for t h e t i m e be ing for t h e use and benefit of such society a n d

t h e respect ive member s thereof the i r respect ive execu tors or adminis ­

t r a t o r s according to the i r respect ive claims a n d interes ts a n d after t h e

dea th or removal of any t reasurer or t ru s t ee shall vest in the succeed­

ing t r ea su re r or t r u s t ee for t h e same es ta te and in teres t as t he former

t r ea su re r or t rus tee had there in a n d subject to t h e same t ru s t s w i thou t any ass ignment or conveyance wha tever and also shall for all purposes of act ion or suit as well c r iminal as civil in law or in equi ty in any­ wise t o u c h i n g or concern ing the same be deemed and t aken to be a n d shal l in every proceeding (where necessary) be s ta ted to be t he p roper ty of t h e person appointed to t h e office of t r easu re r or t ru s t ee of such society for t h e t i m e be ing in his or he r p roper n a m e wi thou t fur ther descript ion a n d such person shal l and he or she is hereby respectively

author ized

author ized to b r ing or defend or cause to be b r o u g h t or defended any action suit or prosecut ion cr iminal as well as civil in law or in equity touch ing or concerning t he p roper ty r i g h t or claim aforesaid of or be longing to or had by such society provided such person shall have been the reun to duly author ized by t h e consent of the major i ty of

members present a t any mee t ing of t h e society or commit tee thereof

a n d such person so appointed shal l and m a y in all cases concerning t h e p rope r ty r i gh t or claim aforesaid of such society sue and be sued plead a n d be impleaded in his or he r proper n a m e as t reasure r or t r u s t ee of such society without o ther descript ion a n d no such sui t act ion or prosecut ion shall be discont inued or aba te by t h e death of such person or his or her removal from t h e office of t r easure r or t rus tee b u t the same shall and may be proceeded in by t h e succeeding t reasure r or t rus tee in the proper n a m e of t he person commencing t he same any law sage or cus tom to t he cont ra ry no tw i th s t and ing and such suc­ ceeding t r easure r or t rus tee shal l pay or receive l ike costs as if the action or sui t had been commenced in his or her n a m e for t h e benefit of or to be re imbursed from the funds of such society.

20. A n d be i t enacted Tha t t h e t r easure r or t ru s t ee or any

other officer of any society established under t he a u t h o r i t y of th is A c t

shall not be liable to m a k e good any deficiency which m a y arise in the

funds of such society unless such persons shal l have respectively declared by wr i t ing unde r the i r h a n d s deposited a n d regis tered in l ike m a n n e r with t h e ru les of such society t h a t t hey are wil l ing so to be answerable

and it shal l be lawful for each of such persons or for such persons

collectively to l imi t h is her or the i r responsibi l i ty to such s u m as shal l

be specified in such i n s t r u m e n t or writing Provided a lways t h a t t h e said t r easure r t ru s t ee and every o ther officer of any such society shall

and they are hereby declared to be personal ly responsible and liable

for a11 monies ac tua l ly received b y h i m her or t h e m on account of or

to and for t h e use of t he said society.

2 1 .    A n d be it enacted T h a t whenever t he t rus tees of any society

estabdished unde r the au tho r i t y of th i s A c t a t any t i m e after t h e decease of any m e m b e r have paid and divided any s u m of money to or amongs t any person or persons who shall a t t he t ime of such p a y m e n t appear to such t rus tees to be ent i t led to t he effects of any deceased in tes ta te m e m b e r t he p a y m e n t of any such s u m or sums of money shall be valid and effectual wi th respect to any demand of any other person or persons as nex t of k i n of such deceased in tes ta te member or as t h e

lawful representa t ive or representa t ives of such m e m b e r against t he

funds of such society or aga ins t t h e t rus tees thereof b u t never theless such nex t of k i n or representa t ives shall have remedy for such money

so paid as aforesaid aga ins t t h e person or persons who shall have

received t h e same.

22. A n d be it enacted Tha t in case a n y member of any such

society shall die whO shall be en t i t l ed to any s u m no t exceeding twen ty

pounds it shal l be lawful for t h e t rus tees or t r easure r of any such

society and they are hereby author ized a n d pe rmi t t ed if such trustees or treasurer shal l be satisfied t h a t no wil l was m a d e and left by such deceased member and t h a t no le t te rs of admin i s t r a t ion will be t aken

out of t h e funds goods and chat te ls of such depositor to pay t h e same

at m y t ime after t he decease of such m e m b e r according to t h e ru les

and regu la t ions of t he said ins t i tu t ion and in t h e event of the re being

no ru les and regu la t ions m a d e in t ha t behalf t h e n the said t rus tees or

t reasure r a re hereby au thor ized a n d permi t t ed to pay and divide the

same to and amongs t t he person or persons ent i t led to t h e effects of

the deceased intestate and t h a t w i thou t admin is t ra t ion	in	t h e	Colony
of New South Wales .

23. A n d be i t enacted Tha t for t h e more effectually p reven t ing

fraud and imposi t ion on t h e funds of such societies if any officer m e m b e r or any other person be ing or r ep resen t ing himself or herself t o be a member of such society or t he nominee executor admin i s t r a to r or assignee of any m e m b e r of such society or any o ther person whatever shal l i n or by any false represen ta t ion or imposi t ion f raudulent ly obta in possession of t h e monies of such society or any p a r t thereof or h a v i n g in his or he r possession a n y s u m of money be longing to such society shal l f raudulen t ly wi thho ld t he same a n d for which offence no special provision is m a d e in t he ru les of such society i t shall be lawful for any one J u s t i c e of t he Peace res iding wi th in t h e county w i th in which such society shall be held upon compla in t made on oa th or affirmation by any officer of such society appoin ted for t h a t purpose to s u m m o n such person aga ins t

w h o m such compla in t shall be made to appear a t a t i m e and place to be

named in such s u m m o n s a n d u p o n his or her appearance or in default thereof upon due proof upon oa th or affirmation of t h e service of such s u m m o n s it shal l a n d may be lawful for any two Jus t i ces res id ing wi th in the coun ty aforesaid to hear a n d de termine t h e said compla in t according to t he rules of t h e said society confirmed as directed by th is Ac t and upon due proof of such fraud the said Jus t i ces shal l convict t h e said pa r ty a n d award double t h e a m o u n t of t h e money so f raudulent ly obta ined or w i thhe ld to be paid to t h e t r easure r to be appl ied by h i m to t h e purposes of t h e society so proved to have been imposed u p o n a n d defrauded together w i th such costs as shal l be awarded by the said Jus t i ces not exceeding t h e s u m of t en shil l ings and in case such person aga ins t w h o m such compla in t shall be m a d e shal l no t pay the

s u m of money so awarded to t h e person a n d a t t h e t i m e specified in

such order such J u s t i c e s are hereby requi red b y w a r r a n t u n d e r the i r h a n d s a n d seals to cause t h e same to be levied by distress and sale of t h e goods of such person on w h o m such order shall have been m a d e or b y other legal proceeding toge the r w i th such costs as shal l be awarded by the said Jus t i ces not exceeding t h e s u m of t en shil l ings and also t h e costs a n d charges a t t end ing such distress and sale or other legal proceeding r e t u r n i n g t h e overplus (if any) to t h e owner a n d in default of such distress be ing found t h e said Jus t i ces shall commi t such person so proved to have offended to t h e common gaol or house of correction the re t o be k e p t t o ha r d labor for such period

no t exceeding th ree ca lendar m o n t h s as to t h e m shal l seem fit

Provided never theless t h a t n o t h i n g here in contained shall p revent t he said society from proceeding by ind ic tmen t or complaint aga ins t the

pa r ty complained of and provided also t h a t no pa r ty shall be proceeded	aga ins t by ind ic tment or compla in t if a previous convict ion has been
obta ined for t h e same offence u n d e r t he provisions of th i s Act .
24. A n d be i t enac ted T h a t it shall no t be lawful for any such society by any ru l e at any general mee t ing or otherwise to dissolve; or de te rmine such society so long as t h e in ten t s and purposes declared by such society or any of t h e m rema in to be carr ied in to effect w i thou t ob ta in ing t h e votes of consent of five-sixths in va lue of t h e t h e n exis t ing member s of such society to be ascer ta ined in m a n n e r hereinaf ter ment ioned and also t he consent of all persons t h e n receiving or t h e n ent i t led to receive relief from such society ei ther on account of sickness age or inf i rmity to be testified u n d e r the i r h a n d s individual ly and respectively and for t h e purpose of ascer ta in ing the votes of such live-sixths in va lue every member shal l be ent i t led to one vote and an addi t ional vote for every five years t h a t he m a y have been a member Provided however t h a t no one m e m b e r shal l have more t h a n five votes in t he whole and in all cases of dissolution t h e in tended appropr ia t ion or division of t h e funds or o the r p rope r ty of such society shall be fairly and dis t inct ly s tated in t h e proposed p lan of dissolution pr ior to

such

such consent be ing given nor shall i t be lawful for such society by any ru le to direct t h e division or d i s t r ibu t ion of such stock or fund or any p a r t thereof to or amongs t t h e several members of such society o ther t h a n for ca r ry ing in to effect t h e genera l in ten t s a n d purposes of such society declared by t h e m and confirmed by the Jus t i ces of t h e Peace as aforesaid according to t he direct ions of th i s Act b u t t h a t all such ru les for t he dissolution or de te rmina t ion of any such society w i thou t such consent as aforesaid or for t h e dis t r ibut ion or division of t h e stock or fund of such society con t ra ry to t he rules which shall have been confirmed by the said Jus t i ces a t the i r Sessions and filed in pursuance of th i s A c t shal l be void and of none effect and in t h e event of such division or misappropr ia t ion of t he funds of such society wi thou t the consent hereby declared to he requis i te the t rus tee or oilier officer or person a iding or abe t t ing the re in shal l be l iable to t h e l ike penal t ies as are hereinbefore provided for in cases of fraud.

25. Provided a lways and be i t enacted Tha t provision shall be m a d e by one or more of t he ru les of every such society to be confirmed as required by th is Ac t specifying w h e t h e r a reference of every ma t t e r in dispute between any such society or any person ac t ing unde r t h e m a n d any individual member thereof or person c la iming on account of any member shal l be m a d e to such of H e r Majes ty ' s Jus t ices of t h e Peace as may act in and for t h e county in which such society may be formed or to a rb i t ra tors to be appointed in m a n n e r hereinafter directed

a n d if t h e m a t t e r so in d ispute shal l be referred to a rb i t ra t ion cer ta in

a rb i t ra tors shall be named and elected a t t h e first mee t ing of such society or genera l commit tee thereof t h a t shal l be held after t h e enrol­ m e n t of i ts ru les none of the said a rb i t ra to rs being beneficially in teres ted direct ly or indirect ly in t h e funds of t he said society of w h o m a cer ta in n u m b e r no t less t h a n t h r ee shal l be chosen by bal lot in each such ease of d ispute t h e n u m b e r of t h e said a rb i t r a to r s and t h e mode of bal lot be ing de termined by the rules of each society respectively t h e names of such a rb i t ra to rs shall be duly entered in t h e book of t he said society in which t h e ru les are en te red as aforesaid and in case of the death or refusal or neglect of any or all of t he said a rb i t r a to r s to act i t shal l a n d m a y be lawful to and for t he said society or genera l commit tee thereof and they are hereby requi red a t the i r nex t mee t ing to n a m e and elect one or more a rb i t r a to r or a rb i t ra to rs as aforesaid to act in t h e place of t h e said a rb i t ra to r or a rb i t r a to r s so dying as aforesaid or refusing or neglect ing to act as aforesaid and wha tever

award shal l be m a d e by t h e said a rb i t r a to r s or t h e major pa r t of t h e m

according to t h e t r u e p u r p o r t a n d m e a n i n g of t h e ru les of such

society confirmed by t h e Jus t i ces according to t h e direct ions of th i s

A c t shal l be in t h e form of t h e Schedule to th i s A c t annexed marked B and shal l be b ind ing and conclusive on all par t ies and shall be final to all i n t en t s a n d purposes w i t h o u t appeal or be ing subject t o the control of one or more Jus t i ces of t he Peace and shal l no t be removed or removeable in to any Cour t of L a w or res t ra ined or res t ra inable by t h e in junct ion of any Cour t of E q u i t y and should ei ther of t he said par t ies in dispute refuse or neglect to comply wi th or conform to the decision of t he said a rb i t ra to rs or the major p a r t of t h e m it shal l and may be lawful for any one Jus t i ce of t h e Peace res iding wi th in the coun ty wi th in which such society shal l be held u p o n good and sufficient proof be ing adduced before h i m of such award hav ing been m a d e and of t h e refusal of t he p a r t y to comply the rewi th upon a compla in t made

by or on behalf of t h e pa r ty aggrieved to s u m m o n t h e person against

w h o m such compla in t shall be m a d e to appear a t a t i m e and place to be named in such s u m m o n s and upon his or her appearance or in default thereof upon due proof u p o n oa th of t h e service of such summons any two Jus t i ces of t h e Peace m a y proceed to m a k e such order there­

upon

upon as to t h e m m a y seem j u s t and it t h e s u m of money so awarded t oge the r w i t h a s u m for costs no t exceeding t h e sum of t en

shi l l ings as to such Jus t i ces shal l seem meet shal l no t be immedia te ly

paid t hen such Jus t i ce s shal l by w a r r a n t u n d e r t he i r h a n d s and seals cause such s u m and costs as aforesaid to be levied by distress and sale of t he monies goods chat te ls securit ies and effects be longing to t h e said p a r t y or to the said society or o ther legal proceeding toge ther wi th all fur ther costs and charges a t t e n d i n g such distress and sale or o ther legal proceeding r e t u r n i n g t h e overplus (if any) to t he said p a r t y or to t h e said society or t o one of t h e t reasure rs or t rus tees thereof and in default of such distress be ing found or of such o ther legal proceeding be ing effectual t h e n to be levied by distress a n d sale of t he proper goods of t h e said p a r t y or of t h e officer of t h e said society so neglec t ing or refusing as aforesaid by other legal proceeding toge the r

wi th such fur ther costs and charges as aforesaid r e t u r n i n g the overplus

(if any) to t h e owner Provided always t h a t wha tever sums shal l be paid by any such officer so levied on his or he r p roper ty or goods in pu r suance of t h e award of a rb i t ra tors or order of any Jus t i ces shal l be repa id wi th all damages accru ing to h i m or he r by and out of t he monies be longing to such society or out of t h e first monies which shall be thereafter received by such society.

26. A n d be i t enac ted Tha t w h e n t h e rules of any society pro­ vide for a reference t o a rb i t ra to rs of any m a t t e r in d ispute and it shal l appear to any Jus t i ces of t h e Peace on compla in t on oa th of a m e m b e r of any such society or of any person c la iming on account of such m e m b e r t h a t appl ica t ion has been m a d e to such society or t h e s teward or o ther officer thereof for t h e purpose of hav ing any dispute so set t led b y a rb i t r a t ion a n d t h a t such appl icat ion has n o t wi th in forty days been complied wi th or t h a t t h e a rb i t r a to r s have neglected or refused to m a k e any award it shall and m a y be lawful for such Jus t i ce to s u m m o n t h e t rus tee or t r easu re r or s teward or o ther officer of the

society or any one of t h e m agains t w h o m t h e compla in t is m a d e and

for any two Jus t i ces to hear a n d de te rmine t h e m a t t e r in d ispute in

t h e same m a n n e r as if t h e ru les of t h e said society had directed t h a t any m a t t e r in d ispute as aforesaid should be decided by Jus t i ces of t h e Peace a n y t h i n g in t h e said recited Ac t conta ined to t h e cont ra ry no twi ths t and ing .

27. A n d be i t enacted Tha t if by t h e ru les of any such society

i t is directed t h a t any m a t t e r in d ispute as aforesaid shall be decided

by Jus t i ces of the Peace i t shal l a n d m a y be lawful for any such

J u s t i c e on compla in t be ing m a d e to h i m of any refusal or neglect t o

comply wi th t h e ru les of such society by any member or officer thereof to s u m m o n t h e person agains t w h o m such complaint shal l be m a d e to appear a t a t i m e and place to be n a m e d in such s u m m o n s and upon his or he r appearance or in default thereof u p o n due proof on oa th or affirmation of t h e service of such s u m m o n s i t shal l and m a y be lawful for any two Jus t i ces to proceed to hea r and de te rmine t he said com­ pla int according to t h e rules of t h e said society a n d in case t he said Jus t i ces shal l adjudge any sum of money to be paid b y such person aga ins t w h o m such compla in t shal l be m a d e a n d such person shall no t pay such s u m of money to t h e person and a t t h e t i m e specified by such Jus t i ces t h e y shal l proceed t o enforce t he i r award in t h e m a n n e r hereinbefore directed to be used in case of any neglect t o comply wi th t h e decision of t h e a rb i t r a to r s appoin ted u n d e r t h e au tho r i t y of th i s Act .

28. A n d be i t enacted T h a t in case any m e m b e r of a Friendly

Society establ ished u n d e r th i s Ac t shal l have been expelled from such society and the a rb i t ra tors or Jus t i ces (as t h e case may be) shall award or order t h a t h e or she shal l be re ins ta ted i t shal l and m a y be lawful

for

for such a rb i t ra to r s or Jus t i ces to award or order in default of such

r e ins t a t emen t to t h e m e m b e r so expelled such a s u m of money as to

such a rb i t r a to r s or Jus t ices m a y seem ju s t and reasonable which said s u m of money if no t paid shal l be recoverable from the said society or t r easure r or t rus tee or o ther officer in t h e same way as any money

awarded b y a rb i t ra to rs is recoverable unde r th i s Act .

29. A n d be i t enacted Tha t every sentence order and adjudi- cat ion of any Jus t i ces u n d e r th i s Act shal l be final and conclusive to all in ten t s and purposes and shal l no t be subject to appeal and shall no t be removed or removeable in to any Cour t of L a w or res t ra ined or

res t ra inab le b y the in junct ion of any Cour t of E q u i t y .

30. A n d be i t enacted Tha t a m i n o r may become a m e m b e r of

any such society and shal l be empowered to execute all i n s t rumen t s give all necessary acqui t tances and enjoy al l t h e privi leges and be l iable to all t he responsibil i t ies apper ta in ing to m e m b e r s of m a t u r e

age no twi ths t and ing his or her incapaci ty or disabil i ty in law to act

for himself or herself Provided always t h a t such minor be admi t t ed

in to such society by and wi th t he consent of h is or her pa ren t s mas te r s

or guard ians .

3 1 . A n d be i t enacted Tha t t h e ru les of every such society shall

provide t h a t t h e t reasurers t rus tees s tewards or o ther pr inc ipa l officer thereof shal l once in every year a t least p repare or cause to be pre­ pa red a genera l s t a t emen t of t h e funds and effects of or be longing to such society specifying in whose custody or possession the said funds or effects shal l be t h e n r ema in ing toge ther w i th an account of all and every t h e var ious sums of money received and expended by or on account of t h e said society since t he publ ica t ion of t h e p reced ing periodical s t a t emen t and every such periodical s t a t emen t shall be a t tes ted by two or more m e m b e r s of such society appoin ted audi tors for t h a t purpose a n d shall be counters igned by the secretary or clerk of such society and every m e m b e r shall be ent i t led to receive from t h e said society a copy of t h e said s t a tement on p a y m e n t of such sum as the ru les of such society m a y requ i re n o t exceeding t h e sum of sixpence.

32. A n d whereas i t is desirable for t he be t t e r secur i ty of such

societies t h a t correct calculat ions of tab les of p a y m e n t s and allow­ ances dependent on t he dura t ion of sickness and t h e probabil i t ies of h u m a n life m a y be const ructed for the i r assistance Be i t therefore enacted Tha t every such society established or to be established u n d e r t h e a u t h o r i t y of th i s Ac t shall w i th in t h r ee m o n t h s after t h e expira t ion

of t h e m o n t h of December one thousand eight h u n d r e d and forty-eight

and so aga in w i th in th ree m o n t h s after t h e expi ra t ion of every fu r ther

period of five years t r a n s m i t t o t h e Colonial Secretary of t he Colony

for t h e t ime be ing a r e t u r n of t he r a t e of sickness a n d mor t a l i t y expe­

r ienced by t h e said society wi th in the before ment ioned period of five years according to t he form prescribed in t he Schedule C appended to th i s Act a copy whereof shal l be annexed to t h e ru les of each society respectively.

33 . A n d be i t enacted T h a t t he said Colonial Secretary shal l

w i th in one m o n t h after t h e expi ra t ion of t h e m o n t h of M a r c h one

t h o u s a n d e ight h u n d r e d and forty-nine and so again w i t h i n one m o n t h

after t he expira t ion of every fur ther period of five years t r a n s m i t to

H i s Exce l lency t h e Governor a l ist of t h e societies which have been

enrol led du r ing such period u n d e r th i s Ac t specifying the i r names the places where they have been established and date of en ro lmen t and t ime of ceasing to exist if such case should arise a copy of which list wi th t h e Schedule a t tached to i t shall be laid before t h e Legislat ive

Counci l w i th in one m o n t h t h e n n e x t ensu ing if t h e C o u n c i l ha l l be

s i t t ing or w i t h i n one m o n t h after t h e t i m e w h e n t h e Council shall

n e x t sit.

4 K — V O L . 2. 34.

34.    A n d be i t enacted Tha t t h e word " society" in th i s A c t sha l l

be unders tood to inc lude friendly society or societies ins t i tu t ion or ins t i tu t ions t h e word " r u l e s " to include rules orders and regula t ions

t h e word " c o u n t y " to include coun ty distr ict division or place a n d

t h e words " t r easure r or t r u s t e e " to inc lude t reasure rs or t rus tees a n d

t h e word " p e r s o n " to inc lude persons a n d t h e word " book" to

include books a n d t h e word " b o n d " to inc lude bonds " n a m e " to

include n a m e s " accoun t " to include accounts " m e m b e r " to inc lude

member s a n d honora ry member s " The Supreme Cour t of N e w South

W a l e s " to inc lude t h e Supreme Cour t of N e w South W a l e s a t Sydney

a n d M e l b o u r n e respectively " Clerk of t h e P e a c e " to inc lude Town

Clerk unless i t be o therwise specially provided.

35 . A n d be it enac ted Tha t th i s A c t may be al tered amended

or repealed d u r i n g the present Session of t h e Legis la t ive Council .

36. A n d be it enac ted T h a t no t h ing in t h i s A c t conta ined shall

be cons t rued or t a k e n to affect or apply to any r i g h t t i t le privi lege

i m m u n i t y or in te res t of H e r Majes ty H e r H e i r s and Successors or of a n y body or bodies poli t ic or corporate or of any o ther person or persons except such as are men t ioned the re in or of those c la iming by

or u n d e r h i m her or t h e m .

37 . A n d be i t enacted Tha t th i s A c t shall be deemed a Pub l i c

A c t and shall ex tend to all pa r t s of t h e Colony of New South W a l e s

and be judic ia l ly t a k e n not ice of as such by all J u d g e s Jus t i ces a n d

o the r persons whatsoever w i t h o u t be ing specially pleaded.

S C H E D U L E S	R E F E R R E D	TO.
A.

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 o r t r u s t e e &c.

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 n t h e c o u n t y of

a n d C. D . of a n d G. H. of ( a s s u r e t i e s on 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 firmly b o u n d t o E . F . t h e p r e s e n t

C l e r k of t h e P e a c e ( o r T o w n C l e r k ) for t h e c o u n t y ( d i s t r i c t d iv i s i on or p l a c e as t h e case

m a y b e ) of i n t h e s u m of t o b e p a i d t o t h e sa id E . F . as s u c h

C l e r k of t h e P e a c e (o r T o w n C l e r k ) o r h i s successor C l e r k of t h e P e a c e ( o r T o w n C l e r k ) of

t h e s a i d c o u n t y ( d i s t r i c t d i v i s i o n or p l a c e as t h e case m a y b e ) for t h e t i m e b e i n g o r h i s

c e r t a i n a t t o r n e y for w h i c h p a y m e n t we 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

firmly 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 sea l s d a t e d t h e d a y of in

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 above 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 ( o r t r u s t e e ) of

t h e S o c i e t y e s t a b l i s h e d as a fo resa id 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 n

C . D . a n d G . H. as h i s s u r e t i e s h a v e e n t e r e d i n t o t h e above 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 . B. s h a l l a n d do 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

( o r t r u s t e e ) of t h e sa id soc i e ty e s t a b l i s h e d as a fo resa id 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 i e s r e ce ived a n d p a i d b y h i m a n d s h a l l a n d do p a y ove r a l l m o n i e 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 ign 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 effects 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 soc i e ty 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 or p e r s o n s as t h e sa id 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 sa id soc ie ty

t o g e t h e r w i t h t h e p r o p e r o r l ega l r e c e i p t s o r v o u c h e r s for 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 do in a l l r e s p e c t s we 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 fulfil h i s office of t r e a s u r e r

( o r t r u s t e e ) t o t h e sa id 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 above w r i t t e n b o n d

s h a l l be vo id a n d of n o effect o t h e r w i s e s h a l l b e a n d r e m a i n in ful l force a n d v i r t u e .

B.

B.

Form of Award.

W E t h e m a j o r p a r t of t h e a r b i t r a t o r s d u l y a p p o i n t e d b y t h e S o c i e t y e s t a b l i s h e d

a t i n t h e c o u n t y o r d i s t r i c t of u n d e r t h e a u t h o r i t y of a n A c t of

t h e G o v e r n o r a n d L e g i s l a t i v e C o u n c i l of N e w S o u t h W a l e s passed i n t h e s e v e n t h y e a r of t h e

r e i g n of H e r p r e s e n t M a j e s t y Q u e e n V i c t o r i a i n t i t u l e d " An Act to regulate Friendly

Societies in the Colony of New South Wales " do h e r e b y a w a r d a n d o r d e r t h a t A . B .

( s p e c i f y i n g b y n a m e t h e p a r t y o r t h e officer of t h e s o c i e t y ) do on t h e d a y of

p a y t o C. D . t h e s u m of ( o r we do h e r e b y r e i n s t a t e in o r e x p e l A . B . f rom t h e

sa id s o c i e t y a s t h e case m a y b o ) .

D a t e d t h i s d a y of one t h o u s a n d e i g h t

h u n d r e d a n d

E . F .

(G. H .

c.

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