Friendly Societies Act 1852 (SA)

No. 22.

An Act to Regulate Friendly Societies.

[Assented to 2nd December, 1852.1 9S-zr S-%

HERE AS many Societies have been established in the Province maintenance to the Members thereof in sickness, old age, or infirmity, W of South Australia for the purpose of affording relief and

and for other purposes of a provident and benevolent nature, and it

is expedient to afford protection and erlcouragerrlent to such Societies,

and Societies having the same object hereafter to be established,

and also to make provision for the protection of the Members against

fraud and misapplication of their funds:

Re it therefore Enacted, by the Lieutenant-Governor of South o,,je,,. (,, which

it 2 age

Australia, with the advice and consent of the Legislative Council "iientjly Societie~

thereof, That it shall be lawful for any Socicty already established may be ebtabhshed.

ill this Province to be enrolled under the provisions of this Act, or for any number of persons to establish a Society, or branch of the

same, under the provisions of this Act, for the purpose of raising, by voluntary subscriptions of the Members thereof, with or without the aid of donatioiis a fund, for any of the following objects, that is to

say-

Firstly-For ensuring a sum of money to bc paid on the death

of a Member to his widow. or to the cldd,or to the executors, administrators, nominee, or assigns of such Member, or for defi nying the expence of the burial of a Member, or of the wife, child. or kindred of a Member, subject always to the restrictions hereinafter enacted in that behalf.

Secondly-For the relief, maintenance, or endowment of the

Members, their wives, children, or kinhed, in infancy, old

age, sickness, widowhood, or any other natural state of which

the probability may be calculated by way of average.

Thirdly-For m y purpose which shall be certified to be legal

in South Australia by Her Majesty's Attorney or Advocate-

General, as a purpose to which the powers and facilities of this Act ought to be extended;

ties riot asauring Act "mited to socie- Provided always, that it shall not be lawfnl for any Society or Branch

50,or annuity established under this Ordinance to assure thc payment to, or on the

of 208. per week in	O' E20*or a'1owance death of, any Member, or on any contingency, or for any of the
aickneea. - purposes for which the payment of sums may be assured under this

AC< of any sum exceedhi fifty pounds, norUany annuity exceeding twenty pounds per annum, nor any sum in sicliness exceeding twenty shillings per week.

or Coroner required 2. And be it Enacted, That in all Societies established under the	Certi5cateof Surgeon
Befure money is paid provisions of this Act, it shall not be lawful far the Trustees or other
member. on the of a Officers of such Societies to pay any sum of money which may. have

been insured and become payable on the death of any Member there- of, or of the mifc or child of any Member, unless the party applying for the same shall produce and deliver to such Trustees or Officer a certificate sigwd by a qualified Medical Practitioner or Coroner, in the form set forth in the Schedule A to this Act annexed, except in cases where, from the nature of the circumstances, it is impossible to procure such certificate.

to repea1 Or

alter rules, and np- ,	3. And be it Enacted, That it shall be lawful for persons intend- Society or Branch thereof to make or adopt rules for the government and guidance of the same, and to make such provision in the rules as they shall think fit for ordaining, mpcnling, altering: or amending
p m r Commltree	mg ta establish or enrol under the provisions of this Act a Friendly
ilfficers.
an) such rules, and to impose reasonable fines and forfeltures on any
ember offending against the same, and to form a General Corn-
mittee or Board of Rlanagernent, and to delegate to the same all or
respect to the management of the Society or Branch, or the enact- any of the powers given by this Act to be executed, either with
ment, amendment, repeal, or alteration of the rules thereof, and in
such rules there shall distinctly be aet forth- .

Firstly-The name and designation of such Society or Branch

and place where the business thereof is carried on, the whole of the object and intentions for which it is founded, the who'e of the purposes to which the funds thcreof are applicable ac- cording to the rules and tables thereof, and the conditions under which any Member or party claiming under or by a Member may become entitlcd to any benefit assured thereby.

Secondly-The manner of making, repealing, or altermg rules

of appointing Trustees, a Treasurer, and an Officer, who shall keep the books and accounts, and prepare the returns re- quired by this Act, a general Board or Committee of Manage- ment, and the duties and powers of each.

Thirdly-The mode in which the funds shall be invested.

Fourthly

Fourthly-The manner in which disputes between the Society

or Branch, and any Member thereof, or person claiming on

account of, or through any Member, shall be settled.

4. Provided Always, and be it Enacted, That the Rules of every Separate accounte to

wch Society or Branch shall p ro~ide that all moncys received or paid be kekt of money paid and received for

on a c c ~ ~ n t of each and every particular fund or bencfit assured to each particular ~ u u d

the Members thereof, their wives, children, or kindred, for which a or benefit.

separate title of contributions payable shall have been adopted, shall

be cntered in a separate account, distinct from the moneys received

and paid on account of any other benefit or fund.

5. h d be it Enacted, That such Society or Branch shall not be Society OF ~ r n n c h not

leknlly established till

deemed to be legally established under this Act, nor be entitled to ,,,,,, , ,,,, of

any of the proviZons of thc &me, unless the Rules and every amend- LLQ* c W'@;

meut of the Rules or tables made from time to time thereof, shall have	S	I-L "1
been duly confirmed as hereinafter provided.

6. And be it Enacted, That; two printed or writtcn c:opies of all Governor to

Rules and tables adopted by any such Society or Branch, together

with the name and residence of every Trustee thereof, signed by

three Members, arid countersigned by the Sccretnry, Clerk, or other Officer with all convenient speed after the same shall be made, altered,

or arncnded, and so from time to time after every making, altering, or amending thereof, shall be submitted to the Govcmor for the time

being for h 5 npproval, who may take the opinion of the Crown Sc- licitor thereon, and so sooil as the same liules shall be found to be

framed in conformity with law, and that no Rule or part thereof is

repugnant to another, and that the same are reasonable and proper,

it shall be lawful for the said Governor to confirm thc same, and in

such case one of the copies, to be signed by such Governor in confir- mation thereof, shall be returned to the Society or Branch, and the

other copy signed as aforesaid shall be deposited with the Eegistrar- copy to be d~posited

General of this Province, without fee or reward; and all Rules, al- General.	""" L"e	R e ~ i Y t r a r ~
terntions, or amendments thcreof, when confirmed as aforesaid, shall
be binding on tlic several Members and all persons claiming by or
under them, and be received as evidence m the said Province: Pro-
vided, that before thc Governor shall confirm thc ltules of any
Socicty, assuring to any Member any annuity, the contributions in
recpect of such annuity shall be certified to such Governor by the
Accountant for the time being of the Savings Bank of Sonch Aus- tralia.

g;12c 'fla

7. And be it Enacted, That on every such confirmation of Rules, Fee3 10 be paid a-

a fee of one guinea shall be paid to the Crown Solicitor (if such Rules ,io,:.

licitor op curlfifms-

dlall be rcfcrred to him as before provided), and a fcc of ten shil- lings and sixpence on evcry confirmation of Eules of any Branch of such Society, and a fee of five shillings on every confirmation of any amendments or alterations of the Rules of any such Society or Branch, and a fee of one guinea to the Accountant of the Savings Bank of South Australia for any certificate of such contribution as aforesaid.

8. And

8. And be it enacted, That the Rules of such Society or Branch

shall provide for and direct that the funds of such Society or Branch,

until invested as hereinafter provided, shall be deposited in one of the Chartered Banks in this Province, in the name and to the credit of such Society, and that such funds shall only be withdrawn at the usual meetings of the Committees of such Society or Branch by cheques, signed by at least three of the Trustees, and countersigned by the Secretary or Steward: And also, that such Society or Branch

Trrasurer to give	shall cause their Treasurer to give security in the form set forth in
bond.
Schedule B, with one or more sufficient Bondsmen in such sum as such Society or Branch may determine, and that it shall be lawful to sue upon such bond in the names of the Trustees for the time being.

3 ,cryAA,,

a 'ke -

to iure.t 9. And be it Enacted, That the Trustees for the: time being of

funde. any such Society or Branch shall, and f hey are hereby required from

- &%dime to time, by and with the consent of such Society or Branch, to

~,&-i!!* -

lay out and invest such part of all such sums of money as shall at

J , f3 9 & ady time be collected, &en, or paid to and for the purpose of such

1%; Society as may not be wanted for the immediate use thereof, or to

& v a ; ; ] $$ m -/ meet the usual accruing liabilities of such Society or Branch, in the

7 names of such Trustees in and upon any loans raised or guaranteed by the authority of the Legislature of the said Province, or on mort- gage of freehold or leasehold property, such leasehold being for a term of years, absolute of which not less than twenty-one years shall be unexpired, or in the purchase of any freehold or leasehold pro- perty in the said Province, such leasehold property having a tcrm of at least thirty years to run (or on loan to any Member of such Society on the security of any policy of insurance effectcd on his own life, provided that the amount of such loan shall not exceed the actual estimated value of such policy at the time snch loan shall be made),

and from time to time, with such consent as aforesaid, to alter or

transfer such ~ecurities and funds, and to make sale thereof rebpc- tively, and all dividends, interests, and proceeds which shall from timgto time arise from the moneys.so laid out or invested as afore-

plied to and for the use of such Society or Branch according to the said, shall be brought to account by such Trustees, and shall be ap-

Rules thereof: Provided always, that it shall be lawful fbr the Trustees as aforesaid, with the consent of snch Society or Branch as nforesaid, to purchase, hire, or take upon lease any room or premises for the purpose of holding therein the meetings of such Society or Branch, or for the transaction of business relating thereto, and to hold the same in trust in and for the use of such Society or Branch,

and to sell, exchange, let, and demise the same in whole or in part.

Property rnsted in 10. And be it Enacted, That within thirty days after the con-

Trusteee.	firmation of any such Rules of any Society or Branch a memorial of the names of the Trustees of such Society or Branch, under the
hands of two or more of such Trustees and of the Secretary or Clerk
of the said Society or Branch, and which memorial shali be verified by the solemn declaration of such Secretary or Clerk, shall be registered in the Registry Office of the said Province; and whenever

any

any change shall be made in the Trustees af any Socictty or Branch by the death, resignation, removal, or inability to act of any Trustee,

and the appointment of any ncw Trustee, a like memorial of suoh

change, and of the names of' such new Trustee, verified as aforesaid, shall be registered in the said Registry Ofice, and from and after such registration all hercditaments, moneys, goods, chattels, and effects whatsoever, and all titles, securities for money, or other obligatory instruments and evidcncc or muniments, and all rights or claims belonging to or had by such Society or Branch, shull be vested in the Trustees or Trustee for the time being of the same, for the use and beliefit of such Society or Branch and the respective members thereof, thcir respective executors or adrnininistrators, ac- cording to their respective claims and interests; and after the death or removal of any Trustees or Trustee shall vest in the succeeding Trustees or 'Trust& for the same estate and interest as the former Trustees or Trustee had therein, and subject to the same trusts, witlmut any assignment or conveyance whatever, and also shall, for all purposes of action or suit, as well criminal as civil, in law or in equity, in anywise touching or concerning the same, be deemed and taken to be, and shall in every such proceeding (when necessary) be stated to bc, the property of the person or persons appointed to the office of Trustee of such Society for the time being, in his or their proper name or names without further description, and such persons or person shall, and they are hereby respectively authorised, to bring or defend, or cause to be brought or defended, any action, suit, or proseclition, criminal as well as civil, in any court of law or equity, touching or concerning the property right or claim aforesaid of or belonging to or had by such Society or Branch; and such persons shall'or-may, in all cases concernin@ the property, right, or claim aforesaid of or belonging to or had by such Society or Branch, -2 and such persons shall or may, in all cases conceruing the property, right, or cdaim aforesaid of such Society, sue and be sued, plead and T, ,,,,, ,g

,,

be impleaded, in any court of law or equity, in theiror his p0Er be med.

na-r name as Trustees or Trustee of such Society or Branch

without o % i 5 ~ ~ s E ~ ~ t i o n, and no such suZ,-&c€i&, or prosecution

removal from office of Trustee, but the same shall and may be pro-	shall be discontinued or abate by the death of such person, or his
ceeded in by the remaining or succeeding Trustees or Trustee in the proper name of the person commencing the same, and such remain- ing or succeeding Trustees or Trustee shall pay or receive the like costs as if the action or suit had bccn commenced in his or their name for the benefit of, or to be reimbursed from, the funds of such Society or Branch, and a certified copy of any such memorial shall be evidence in any proceedings at law or in equity until the contrary thereof is shown that the persons named therein as 'l'rustees are such Trustees for all the purposes of this Act: Provided always, that every Treasurer, Trustee, and other Officer shall only be personally T,,r,r,
responsible and liable for all moneys actually received by him on liable for money ac- tually received.
account of or for the use of such Society or Branch.

11. And be it Enacted, That the Trustees of every such Society Trnsteer to transmit annual return to

S 2 Or or ern or.

l9+3*..5-&394 '7 " g

---- 5 *'X

or Branch shall, by the Rules of the same, be compelled to audit the accounts as often as the Rules express, and every Officer in whose charge the accounts of such Society are kept shall, once in every year, prepare, or cause to be prepared, a general statement of the funds and effects of such Society or Branch during the then preced-

ing tmelvemontha, in the form set forth in Schedule C to this Act

annexed, as accurately as such Officer may be enabled to furnish the same, and shall transmit such statement to the Governor on some day before the first day of March in each year, and every such statement shall be attested by the Auditors, and countersigned by such Officer, and every Member shall be entitled to receive from the Society a copy of such statement on payment of one shilling: and every Officer failing to transmit such statcment as aforesaid on or befare the last day of March in any year, or trankmitting any fraudu- lent or wilfhlly false return, shall be guilty of a, niisdemeanor, and

a copy of all such annual returns shall, in every year, be laid before

the Legislative Council of the said Province.

Prori~ionaof39 Geo. 3, c. 79, and of 59 12. And be it Enacted, That the provisions of an Act passed in

Geo. 3, C. 19, not to the thirty-ninth year of the reign of King George the Third, cntituled

extetld to Friendly " An Act for the more effectual suppression of Societies established Societies under this

Aat. for seditious and treasonable purposes, and for better preventing treasonable and seditious practices ;" and also another Act passed in the fifty-seventh year of'the rei& of King George the l'hird, en- tituled " An Act for the more effectual preventing seditious meetings and assemblies" shall not extend to any Society or Branch established or enrolled under this Act, or to any meeting of the Members or Officers thereof.

Disputes between 13. And be it Enacted, That if any dispute shall arise between

f ~ ~: t: ~ ~ ~ ', " ~ ~ ~	the Members or persons claiming uncle; or dn account of any Member
ing to r u b.	of any Society or Branch established under this Act and the Trus- tees, 'I'reasurkr, or other Officer or 2ommittee thereof, it shall be set-
tled in such manner as the rules of such Society or Branch slla3l
direct, and the decision so made shall be binding and conclusive;
but if such digpute shall be of such kind that for the settlement of it according to the laws now in force recourse must be had to the

to be settled by the Questions of equity equitable jurisdiction of the Supreme Court, it may be referred at the

option of either party to the Special Magistrate of the Local Court

Oupnme court.

of Adelaide, who shall proceed ezparte, on notice in writing to the

db' f*?	other of the said parties being left at his usual place of residence or abode ten days previously; and he is hereby authorised to require of
all parties who are or may have been Members, Trustees, or Officers of such Society, to produce before him all books or other documents relating to tbe concerns of such Society; and thereupon, if he shall so think fit, it shall be lawful for him to determine the said dispute and to displace any such Trustee or Officer or to make such award as
the justice of the case in his opinion may require, and such decision
or award shall be binding and conclusive.

Rule8 for arbitration

W 14. And be it .&acted, mat if it shall be provided by the Rules

rd by rda. ., of

of such Society or Branch that disputes which way arise between

any Member thereof and the Trustees, Committee, or Officers, on the

part of such Society, shall bc scttled by arbitration; the number of arbitrators and mode of election shall be stated iu the Rules, and in case any of such arbitrators shall a t any time nclglect or refuse to act, the Members of such Society or Branch at a general meeting or general committee thereof are hereby required forthwith to elect and appoint some other person to be an arbitrator in his place; and the Rules shall direct in what manner such arbitrators or any of them shall proceed to determine such disputes, and the award so made by them, or so many as may be appointed for the purpose according to the Rules, shall be f ind and binding on all parties without appeal, and shall not bc removed to any court of law or equity; and if either

of the said pwties shall refuse or neglect to comply with or conform + &db

to the decision of the said arbitrators, or the major part of them, it

shall and may be lawful farthe nearest LocalCourtof full jurisdiction to

7

the place within which such Society shall beestablislied,upon good and sufficient proof being adduced before him of such award having been made, and of tlic refusnl of the party to comply therewith, upon corn- plaint made by or on behalf of thepartyaggrievd, to sumnon the party against whom such complaiiit shall be made, to appear at a time and place to be named in such summons; and upon his or her appear- ance, or in default thereof upon due proof upon oath of the service of such summons, to make such order thereupon as may to him seem just; and if the sum of money awarded, together with the costs of and attending such order, shall not be paid according to the tenor of such order, then such order shall be enforccd in the same manner

as any judgment of thc same court may by law be enforccd: Provided special Magistrate	always, that if there are not, at the time of enforcing such order, any "W award.
moneys, goods, or chattels of any such Society or Branch, by means whereof any sum of money by such order directed to be paid by such Society or Branch, with costs, can be satisfied, that then such order may be enforced by seizure and sale of the moneys, goods, and chattels of the Trustees of' such Society: Providcd always, that

' her property or goods, in pursuance of the award of arbitrators or order of any such Local Court, shall be repaid, with all damages accruing to him or hcr, by and out of the moneys belonging to such Society, or out of the first moneys which shall be thereafteFreceived	whatever sums shall be paid by any such "Trustee, or levied on his or
bp such Society.

15. And be i t Enacted, That if the Rules of anv snch Friendly rr no arbitrators sr-

Society or Branch shall nbt hwc providcd for settlement of matters give,,, Justices may pointed, or no awaid

bv arbitration as aforesaid. or shall have ~rovided for the settlement decide.

of disputes by arbitration but no arbitrate; shall have been appointed, or no award shall have been made within forty days after such com- plaint has been made to the Officers of such Society or Branch, or if the Rules shall have directed that any dispute between the Members and the Trustees or other Officer on the Committee of Management

shall be settled by Justices of the Peace, then it shall be lawful for

any two or more Justiceis of the Peace for the said Province to he&

n d

and determine the matter of such complaint or dispute in a summaq

way.

justly expelled, Arbi- In cme member is un- 16. And be it Enacted, That in case any member of any such

trators or Juslicee Society or Branch shall have been expelled from such Society and

may directsuch lnem- the award of the arbitrators or the order of the Justices s h l l hired ber to be reinu'ated,

and in default may	that he silall be reinstated, it shall be lawful for such arbitrators
award a eum of com-
pensation.	award, or Justices to order, in default of such such a
sum of money to be paid to such Member by the 'l'rustees of such Society as to such arbitrators or Justices may seem just and reason. able, which said sum of money, if not paid, shall be recoverable from the said Society or Brauch, or the Treasurer, Trustee, or othcr Officer in the Same way as any money awarded by arbitrators is
recoverable under this Act. S

In case fraud Or

imposition on the 17. And be it Enacted, That for the more effectually preventing

i ~ u d ~, Justices may fraud and imposition on the funds of such Societies, it' any Officer,

%'

summon the parLies Member, or other person being, or representing hirnsclf to bc, a

and hear the com-

plaint. Member of such Society or Branch, or the nominee, executor, ad- ministrator, or assignee of any Member thereof, or any other person whatever, shall, in or by, any false representation or irnyosition, obtain possession of the moneys, securities, books, papers, or other effects of such Society or Branch, or any part thereof, or having the same in his or her possession, shall withhold or misapply the same,

it shall and may be lawful for any two or more Justices of the Peace,

upon the complaint of any Trustee of such Society or Branch, or d

the Secretary or Clerk thereof. to hear and determine the matter of

Justices may nward Upon proof of fraud, such complaint in a summary way, and, upon due proof of such

tained, &C. money so obtained or withheld to be mid to the Treasurer. to be double the amount ob- fraud, to convict the said party and award double the amount of the

applied by him to the purposes of the $ociety or Branch, a n i order the said securities, books, papers, or other effects to be delivered to the Society or Branch, together with costs, as shall be awardcd by the said Justices, not exceeding the sum of twcnty shillings, and any such order shall and may be enforced in the like manner as any fine

or penalry awarded against any defendant: Providednevertheless, that	nothing herein contamed shall prevent the said Society or Branch from
proceeding by indictment or complaint if a previous conviction for the same offence has beell obtained under the provisions of this Act.

T a r c, to 18. And be it Enacted, That every person who shall have or re-

render accounte and

demand pay over ceive any part of the moneys, effects, or funds of or belonging to any

moneys. &C., to parg such Society or Branch, or shall in any manner have been or shall

appointed by Socie-

ties, &C be entrusted with the management, disposal, or custody thereof, or of any securities, books, papers, or property relating to the same, his executors, administrators, and assigns respectively, shall upon de- mand made or notice in writing given or left at the last or usual place of residence of such persons, in pursuance of any ordcr of not less than two Trustees or three Members of the Committee or Board of Management,givein his account at theusualmmtingof such Society or Branch, or to such Trustees, Committee, or Board of Management,

to

to be examined and allowed or disallowed, and shall on the like de- mand or notice, pay over all the monies remaining in his hands, and assign and transfer, or deliver all securitiesand effects, books, papers, and property in his hands or custody, and assign and trans- fer or deliver all securities m d effects, books, papers, and property in his hands to the Treasurer or Trustee for the time L A -

being, or to such other person as such Trustees, Committee, or Board

of Management shall appoint, and in case of any neglect or refusal $ ~ i ~ ~ ~: O ~ ~ ~ l e ~ ~

to deliver such account or to pay over such moneys, or to assign, made to the Reg~etrar shall prxeed

transfer, or deliver such securities and effects. books, papers, and ~ ~ ~ e, ,, ,	in a ,,,-
property in manner aforesaid, it shall be lawfd for any two or more mary way.

Justices of the Peace for the said Province imon the com~laint of

any Trustee or other Officer of any such ~oc&ty or ~ r a n c 6 to hear and determine the matter of such complaint in a summary way, and to make such order thercin as to such Justices in their discretion shall seem just.

39. And be it Enacted, That in any proceedings before such tnny On reference inupect books. Justice

Justices, they shall be authorised to inspect and require the produc- tion before them of all books or other documents relating to the matter in dispute.

20. And be it Enacted, That a minor may become a Member of M inors may be mem- bers and have leg01

any such Society or Branch, and he is hereby ernpowcred to execute nuthor~ty to R C ~, but

all instruments, and to give all necessary acquittances: Provided	office.
always, that such minor shall not be competent during his minority to hold any office as Director, Trustee, Treasurer or Manager in such Society or Branch.

21. And be it Enacted, That it shall not be lawful for the Members dissolution of Society Consent necessary for

of any such Society or Branch by any rule or resolution, or order to dissolve or determine such Society or Branch, so long as the intents and purposes declarcd by the Rules of such Society, or any of them rcmain to be carried into effect, without

obtaining the votes of consent of five.sixths in value of the	then existing Members, to be ascertained in manner herein-
after mentioned, and also thc coilsent of all persons then re- ceiving or entitled to receive relief either on account of sick- ness, age, or infirmity, to be testified ~xnder their hands individually and respectively, and fbr the purpose of ascertaining the votes of such five-sixths in value, every Member shall be entitled to one vote, and an additional vote for every five years that he may hare been a Member: Provided also, that no one Member sliall have more than five votes in the whole, and in all cases of dissolution the intended appropriation or division of the funds or other property shall be fairly and distinctly stated in the proposed plan of dissolution prior to such consent being given; and it shall not be lawful for such Society or Branch by any rule to direct the division or distribution of
such stock or fund, or any part thereof, to or amongst the several
Members of such Society, other than for carrying mto effect the general intents and purposes declared by the Rules originally con-

T a firmed

firmed, and all such Rules originally confirmed, and all such Rules for the dissolution or termiriation thereof without such con- sent as aforesaid, or for the distribution or division of the stock or fmds contrary to the Rules, shall be void and of none effect; and in the event of such division or misappropriation of the funds without the consent hereby declared to be requisite, any Trustee or other Officer or person aiding or abetting therein, shall be liable to the like penaltics as are in this Act provided in cases of fraud: Provided always, that it shall be lawful for any two or more Societies or Branches to become united or incorporated in one Society or Branch upon such terms as shall be approvcd by the major part of the Trustees and Board of Management of both Societies or Branches.

Rulr8~ &c*, approved

of to be received 22. And be it Enacted, That all Rulcs, alterations of Rules tran-

without proof of	script, or copy of or extract from all ELules and alterations of Rules,
signature.	and all awards, writings, and documents of what nakure or kind
*.I	soever relating to any Society or Branch, directed by any Act to be certified or approved, shall in the absence of any evidence to the contrary, be received in all courts of law and equity and else- where, without proof of the signature thereto.
Officera ofFriendly So-

Executors, &C., of 23. And be it Enacted, That if any person appointed to any office

cieties to pay money	in any Society or Branch established under this Act, and being m-
due to Society before
any other debts, with-	trusted with the kceping of the accounts, or having in his hands or
in forty days after de-	possession by virtue of his said office or employment, any moneys or
mand in writing.	effects belonging thereto, or any deeds or securities relating to the same, shall die or become bankrupt or insolvent, or have any execution or attnchment, or othcr process issued against his land, goods, chattels, or effects, or make any assignment, disposition, or other conveyance thereof for the benefit of his creditors, his heirs, executors, adminis- trators, or assigns, or other persons having legal right, or the Sheriff
or othex officer executing such process, shall within forty days after
demand made in writing by Trustees of any such Society or Branch, or by any three or more of the Committee of Management assembled
at any meeting thereof, deliver and pay over all moneys and other
things belonging to such Society or Branch, to such person as such Trustee or Conmittee shall appoint, and shall pay out of thc estates,
assets, or effects of such person, all sums of money remaining due which such person shall have received by virtue of his said office or employment before any other of his debts are paid or satisfied, or before the money directed to be levied by such process as aforesaid is paid over to the party issuing such process, and all such assets, lands, goods, chattels, property, estates, and effects shall be bound to the payment and discharge thereof accordingly.
Provisions of this

Act may bs applied 24. And, whereas several Benevolent and Charitable Institutions

benevolent and and Societies are formed by voluntary subscriptions and benefactions

c societie.. for the purpose of relievi3 ..ihe-.-g,hysicttl1 wants and necessities of

farmed by voluntnry ---

~uhscription, BC., if Persons i q ~ i s ~ r e ~ ~ e ~ c i r c u r n s t ~ a n c e s, and it is expedient

ruie8 are regi>terqd some protection to the f&ds thereof, Be it therefore Enacted, That	in pursuace of this
A&. if the Rules of any such Institution or Society, asd all alterations and

and amendments thereof, shall be registered under the provisions of this Act, then, and in that case, the clausos and provisions herein contained, so far a8 the same relate to the giving of security from

any Treasurer or other Officer or person, and to tlie vesting of the

effects in the Trustees for the time being, and to their s u i 3 and	5 . /0
other Officer, and to the protecting, securing, or recovering the funds vested or being in such Treasurer or Trustee, and for enforcing the rendering of accounts by him or them, shall be extended ta all and every such Institution or Society which shall have and enjoy and be entitled to the benefits of this Act, with respect to the several matters as aforesaid, as fully and effectually as any Friendly Society
or Branch registered or enrolled under this Act can or may have or
enjoy the same.

being sued, and as to the liability of the Treasurer or TFustee or

25. And be it Enacted, That, in the construction of this Act, ~; ~; u c t i o ~ Of

unless there shall be something in the subject matter or context re- pugnant thereto, the word " Society" shall include every Branch thereof; the word County" shall include county, division, borough, or placc; the word ' c Justice " shall include Mayor or other Magis- trate; the word Governor" shall signify the Lieutenant-Governor of the Province of South Australia; and words importing the singular number shall include the plural number.

26. And be it Enacted, That this Act shall be deemed a public Public Act.

Act for all the purposes herein expressed.

27. And be it Enacted, That this Act shall commence and take ~~~~~~ zSiE

effect from and after the passing hereof. thereof.

JOHN MORPHETT, Speaker.

Passed the Legislative Council this twenty-sixth day

of fivember, one thousand eight hundred

$ftty--two.

F. C. SINGLETON,

Clerk of the Legislative ComciL

In the name and on the behalf of Her Majesty I assent to this Actct.

H. E. F. YOUNG,

Lieutenant-Governor.

Government House, Adelaide,

2nd December, 1852.

SCHEDULES

SCHEDULES REFERRED TO.

I hereby certify that late of

Street, died the day of , and I havs no

reason to attribute his death to poison, violence, or criminal neglect.

(Signed) A. B.

Profession. Residence.

I hereby certify that I have held an Inquest on the body of

late of	, who was found dead, and the Jury have returned
the following verdict:

And it does not appear to me that he has been deprived of life by means of any person

beneficially interested in obtaining burial money from any Society,

Dated the day of

A. B.,

Coroner.

KNOW ALL MEN BY THESE PRESENTS, that we, A. B. of , Treasurer, (or Steward, &C.), of the

Society, established at , in the County of t

and C. D. of, and E. F. of I as sureties on behalf of the said A. B., are jointly and severally held and firmly bound to G. H. of , and J. K. of, the Trustee8 of the said Society, in the sum of, to be paid to the said G. H. and J. K. as such Trustees, or their successors Trustees for the time being, or their certain attorney, for which payment well and truly to be made, we jointly and severally bind ourselves and each of us by himself, our and each of our heirs, executors,

and administrators, firmly by these presents. Sealed with our seals. Dated the

day of in the year of Our Lord

Whereas the above bounden A. B. hath been duly appointed Treasurer (or Steward, &C.) of the Society established as aforesaid, and he, together with the above bounden C. D. and E. F., as his sureties, have entered into the above written bond, subject to the condition hereinafter contained. Now, therefore, the con- dition of the above written bond is such, that if the said A. B. shall and do justly and faithfully execute his office of Treasurer (or Steward, &C.) of the said Society es- tablished as aforesaid, and shall and do render a just and true account of all money re- ceived and paid by him, and do and shall pay over all the moneys remaining in his hands, and asaign and transfer or delir-er all securities and effects, books, papers, and property of or belonging to the said Society in his hands or custody, to such person or

persons

persons as the said Society shall appoint, according to the Rules of the said Socictp,

together with the proper or legal receipts or vouchers for such payments, and l ikewi~e

shall and do in all respects well and truly and faithfully perforin and fulfil his office of

Treasurer (or Steward, &C.) to the said Society accordirlg to the Rules thereof. Then

the above written bond shall be void and of no effect, otherwise shall be and remain in

full force arid virtue.

R E T U R N of Society, established a t

for the Year ending

Date of balancing boolis in each year ...................

Jlenzbers-

Number admitted since last balancc. .....................

Kumber died since last balance	........................
Number withdrawn or espelled	........................

Kumber of Members at this date, including Honorary IUemLers

Sickness-

Number of Members sick in the scar ....................

I t tcom-

Do::ations and honorary subscriptions .............................

Entrance-money ......................................................

Contributions for sickness and death ............................

Co~itributioris for endowments-Widow nud Orphans' Fund ...

Interest received ......................................................

'rota1 Incotnc ......................................................... Total capital of Society (liere state where the same is placed)

Expenditure-

Sick pay or allowances ............................................

A . .

Members ...............................................

Pea th of 1 Wives ..

..................................................

E~ldotvmc~lts ........................................................

sxtra Expenditure ........ . '. .........................................

Total Xxpenditure ........................... ..... ..................

0bse~-~d io7~s - -

Datcd thc day of , in !he year

of Our Lord

T o bc signed by two Trustees, and Secretary, Treasurer, or other Officer.

.- - h

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ADELAIDE : Printed bj authority, by V, C. Cox, Govcrnmeut Printcr, victoria-square,

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