Friendly Societies Act of 1873 No 30a (NSW)

No. IV.

An Act to consolidate and amend the Law re la t ing to Friendly and other Mutua l Benefit Societies. [28th November, 1873.]

Legislat ive Assembly of New South Wales in Par l i ament assembled wi th the advice and consent of t he Legislat ive Council and and by the au thor i ty of t he same as follows :—

BE it enacted by the Queen 's Most Exce l len t Majesty by and

1. This A c t shall come into operat ion on the th i r t i e th day after

the notification in t he Gazette	of t he appoin tment of a Regis t ra r as
hereinafter provided	I t may be cited as t he " Friendly Societies Ac t

of 1873 " and is divided into t he following par ts viz. :—

P A R T I . — P r e l i m i n a r y .
P A R T

I I . — F o r m a t i o n and Registration of Societies Pro

visions of general or extended application.

P A R T I I I . — F r i e n d l y Societies.

P A R T IV.—Benefi t Building Loan and Investment Societies.

P A R T V . — Co-operative Trading and Industrial Societies.

P A R T V I . — M i s c e l l a n e o u s Provisions.
2. The Acts ment ioned in t h e F i r s t Schedule hereto to t h e ex ten t there in expressed shall he and the same are hereby repealed b u t such repeal shall be subject to t h e following provisoes exceptions and qualifications—
(1.) Al l offences commit ted and penalt ies or liabilities incurred unde r any of t he said repealed Acts before the commencement of this A c t shall be prosecuted and enforced under t he provisions of the said repealed Acts respectively as if th is Ac t had not been passed Provided t h a t any offence unde r t he twenty- th i rd section of t he A c t seventeenth Victoria n u m b e r twenty-six commit ted wi th in five years before t h e commence m e n t of this Act may be prosecuted unde r t he th i r teen th section of this Ac t in every respect and for all purposes as if t he said offence had been commit ted thereunder .
(2.) Al l bonds or securities given or proceedings t aken all registrat ions certificates rules and al terat ions of rules com pleted all contracts engagements and appoin tments made all receipts given and all r ights and exemptions conferred cont inued or preserved under any of t h e said repealed Ac t s before t he commencement of th is A c t shall cont inue and be as valid and have the same force and effect except as herein after excepted as if th is Ac t h a d not been passed.
(3.) Every exist ing Society established before the commencement of this A c t unde r any of t h e said repealed Acts shall he deemed to have been established and registered under t h e provisions of this A c t and shall possess and be subject to all t h e exemptions privileges and provisions of th i s A c t applicable to Societies of t h e l ike class or character to t he same ex ten t as if such Society and the rules thereof had been registered under this Act .
(4.) I n case the rules of any such Society shall no t have been certified in accordance wi th t he provisions of any of t he said repealed Acts before t he commencement of th is A c t t he same shall wi thin six m o n t h s thereafter be certified and registered unde r the provisions of th i s Act .
(5.) No Society established under the provisions of any of the said repealed Acts re la t ing to Fr iend ly or Benefit Bui ld ing Societies and whose rules shall have received a certificate of approval under t he provisions in t ha t behalf contained in t h e " I n d u s t r i a l and Provident Societies A c t 1 8 6 5 " shall by such

approval be deemed to have become a body corporate w i th l imi ted liability under t he said las t -ment ioned A c t or to have
been brought wi th in the operat ion thereof any th ing in t he said
Ac t to the contrary notwi ths tanding Provided always t h a t no th ing herein contained shall ex tend to invalidate any acts or proceedings done t aken or commenced by the commit tee of managemen t or by any officer or member of any such Society and purpor t ing so to be done t aken or commenced under or by v i r tue of t h e provisions of t he said Indus t r i a l and Provi dent Societies A c t and no penal ty or liability whatsoever shall be deemed to have been incurred by any such person or officer as aforesaid by reason of any such acts or proceedings.

3 . Al l copies of rules certificates and documents which are now filed or deposited in t he office and unde r t he custody of t he Clerk of the Peace in pu r suance of t h e provisions of any of t he said repealed Ac t s shall be t aken off t he file and shall be t r ansmi t t ed fourteen days before the commencemen t of this Ac t to the Regis t rar of F r i end ly Societies appointed unde r this A c t to be by h im kep t in such m a n n e r as shall be directed by the Governor wi th t he advice of the Execut ive

Council . 4 .

4. The Governor wi th t h e advice of t he Execu t ive Council shall appoint some publ ic officer be ing a proper ly qualified person to be t he Reg i s t r a r of Fr iendly Societies for t he purpose of carrying out the provisions of th is A c t and an office shall be provided for such Regis t rar where in shal l be kep t and registered t he rules and documents herein after men t ioned A n d such Regis t ra r m a y demand and t ake as fees t he respective sums specified in t h e second Schedule here to and may refuse to do any act m a t t e r or t h i n g here in required a n d for which he is ent i t led to charge a fee un t i l such fee shall have been paid.

5. I n t he in terpreta t ion of this A c t t he following words and

expressions shall have t he mean ings hereby assigned to t h e m unless

inconsis tent w i th or r e p u g n a n t to the context

( tha t is to say) :—

" R e g i s t r a r " shall mean the Regis t ra r of Friendly Societies

unde r this Ac t .

" S o c i e t y " shall m e a n and include every b ranch of a Society by
whatever n a m e the same may be designated Provided tha t in t he construct ion of P a r t s I I I I V and V the said word wheresoever occurr ing shall be t aken to mean and include only such a Society or b ranch thereof as is wi th in the respective purposes ment ioned or referred to in such P a r t s .

" T r u s t e e s " shall include Trus tee .

" C o m m i t t e e of m a n a g e m e n t " shall mean the body of persons

appointed to m a n a g e and direct t he affairs of t h e Society by
whatever n a m e such body m a y be designated.

" S e c r e t a r y " shall m e a n t h e officer appointed by the Society to
ac t in t h a t capaci ty or t h e clerk or person who keeps t he
books and accounts of the Society.

P A R T I I .

FORMATION AND REGISTRATION OP SOCIETIES—PROVISIONS OF
GENERAL OR EXTENDED APPLICATION.

6. Every person being a member of t he commit tee of manage
m e n t of a n y Society hereafter to be formed for any purpose wi thin t h e

mean ing of this A c t who shall t ake any money in consideration of t he

be registered under this A c t shall incur a penal ty for every such offence a l lo tment of shares or any interes t in such Society un t i l t he same shall

not exceeding twen ty pounds.

7. Two pr inted or wr i t ten copies of t he rules of every Society hereafter to be formed for any such purpose as aforesaid signed by th ree of t he in tended members and the secretary or other officer shall where it is intended t h a t such Society shall be registered unde r this A c t be t ransmi t t ed to t he Reg is t ra r who shall advise w i th such secretary or officer of such Society if necessary for t he purpose of ascer taining whe the r t he said rules are in conformity wi th law and arc calculated to car ry into effect t he in tent ions and object of the persons who desire to form such Society and if t he Reg i s t r a r shall find t h a t such rules are in conformity wi th law and wi th t h e provisions of this A c t he shall give a certificate in t he form set forth in t h e th i rd Schedule hereto and shall re turn one of t he said copies to t h e said Society and shall keep the other as provided by the th i rd sect ion hereof and all rules when so certified as aforesaid shall be b ind in g on the several members of the said Society Provided always t ha t it shal l no t be lawful for the said Regis t ra r to g ran t any such certificate to a Society assuring to any member thereof a

c e r t a i n
cer ta in annui ty or cer tain superannuat ion deferred or immedia te or any sum or sums payable as endowment or in case of sickness or death or other object authorized by this Ac t which is susceptible of calculation by way of average unless t he tables of contr ibut ions payable for such k ind of assurance shall have been certified unde r t he hand of an ac tuary who has exercised his profession for a t least five years and such certificate shall have been t ransmi t t ed to the Regis t ra r toge ther wi th t he copies of the rules aforesaid.
8. After t he rules of any such Society shall have been so certified by the Regis t ra r as aforesaid it shall be lawful for such Society by reso lu t ion a t a meet ing specially called for t h a t purpose to al ter amend or rescind the same or any of t h e m or to m a k e new rules and it shall be lawful for t he members of any Society formed and established unde r any of the Acts hereby repealed to al ter amend or rescind the rules by which the i r Society is governed regula ted or managed or to m a k e new rules Provided always t h a t two copies of the proposed alterations or amend men t s and of such new rules signed by three members of s u c h Society and such secretary or o ther officer shall be t ransmi t ted to the Regis t ra r to one of which shall be a t tached a s ta tu tory declaration by the secretary or one of such officers tha t in mak ing the same the rules of such Society respect ing t he m a k i n g a l te r ing amend ing and rescinding rules o r t he directions of the A c t or Acts under which such Society was established have been duly complied wi th and if the Reg i s t r a r shall find t h a t s u c h a l tera t ions amendment s or new rules are in conformity with law
h e shall give to t he Society a certificate in the form set forth in
t h e said thi rd Schedule and r e tu rn one of t he copies to the Society and s h a l l keep the other wi th t h e rules of such Society in his custody and as against such member or person such certificate shall be conclusive
of the validity of any such rule and all rules al terat ions and amend
men t s when so certified as aforesaid shall be b inding on the several members of t h e said Society and all persons claiming on account of a member or under the said rules b u t unless and un t i l t he same s h a l l be so certified such rules al terat ions and amendment s shall have no force or validity whatsoever.

9. W h e n e v e r any Society established under this Ac t or unde r

any of t he Acts hereby repealed shall change its place of business not ice of such change under t he hands of two of the Trustees or three members and the secretary or other officer of such Society shall wi th in fourteen days thereafter be sent to t he Regis t ra r .
10. I f any person shall give to any member of a Society estab

lished under this A c t or any of t he said repealed Acts or to a n y

person in tending or applying to become a member of such Society a copy of any rules or of any al terat ions or amendmen t s of t he same
other t h a n those: respectively which have been enrolled wi th the Clerk
of t he Peace for the t ime being or certified by the Regis t ra r wi th a

copy of his certificate appended there to under colour t h a t t h e same are b inding upon t h e members of such Society or shall m a k e any al terat ion in or addit ion to any of t he rules or tables of such Society after they shall have been enrolled or certified b y the Regis t ra r and shall c irculate t he same purpor t ing t ha t they have been duly enrolled or certified unde r this or a n y of the sa id repealed Acts when they have not been so duly enrolled o r certified every person so offending shall be deemed guil ty of a misdemeanor.
1 1 . Al l t he rules and tables of any Society established under

this A c t or of any of the hereby r e p e a l e d Acts and all a l terat ions and
amendmen t s thereof a n d all c o p i e s thereof or extracts therefrom and all wri t ings and documents re la t ing to any such Society and purpor t ing
to be s i g n e d b y t h e R e g i s t r a r s h a l l in t h e a b s e n c e of a n y evidence to

the contrary b e r e c e i v e d in a l l Courts of law and E q u i t y and e l s e w h e r e

w i t h o u t proof of t he s ignature thereto . 12.

12. The provisions of an Ac t passed in the th i r ty -n in th year of

t he re ign of K i n g George t he Third in t i tu led

" An

Act

for

the

more

" effectual	suppression	of Societies	established	for seditious	and	treason-
" able purposes	and for	better	preventing	treasonable	and,	seditious

" practices"

and also of ano ther A c t passed in t he fifty-seventh

year

of K i n g George t h e Third in t i tu led " An Act

for

the more

effectually

preventing seditions meetings and assemblies" shall no t ex tend to any Society or b ranch established unde r this A c t in which benefits are assured to t he members depending on the laws of sickness and mor ta l i ty or to any mee t ing of t h e members or officers thereof in which Society or b ranch or a t which mee t ing no business whatever is t ransacted other t h a n tha t which direct ly and immedia te ly relates to t he objects of t he Society or b ranch as declared in t h e rules thereof as they are set forth in the certified copy thereof Provided always t ha t t he Trustees or o ther officers of such Society or b ranch when required under the h a n d of two Jus t i ces of t h e Peace shall give full informat ion to such Jus t i ces of the n a t u r e objects proceedings and pract ices of such Society or b r anch and in default thereof t he provisions of the said reci ted Acts shall be in force wi th regard to such Society or b ranch .

13 . I f any officer member or o ther person being or represent ing himself to be a member of any such Society as aforesaid or the nominee executor adminis t ra tor or assignee of a member thereof or any person whatever by false representa t ion or imposit ion shall obtain possession of any moneys securities books papers or other effects of such Society or having the same in his possession shall wi thhold or misapply the same or shall wilfully apply any pa r t of t he same to purposes o ther t h a n those expressed or directed in t he rules of such Society or any par t thereof it shall be lawful for any Jus t i ce of t he Peace upon com pla in t be ing made by any person on behalf of such Society to summon t h e person against w h o m such complaint is made to appear at a t ime and place to be named in such summons and any two Jus t ices present at the t ime and place ment ioned in such summons shall proceed to hear and determine the said complaint in m a n n e r directed by the Ac t or Acts in force for the t ime being regula t ing summary proceedings before Jus t ices and if t he said Jus t ices shall determine t he said com pla int to be proved against such person they shall adjudge and order h i m to deliver u p all such moneys securities books papers or other effects to t he Society or to repay the amoun t of money applied improper ly and to pay if they t h i n k fit a further sum of money no t

exceeding fifty pounds together wi th costs and in default of such delivery of effects or r epayment of such amoun t of money or paymen t
of such penal ty and costs aforesaid the said Just ices may order the

said person so convicted to be imprisoned wi th or wi thout hard labour for any t ime no t exceeding three mon ths Provided t h a t no th ing here in contained shall p reven t the said Society from proceeding by ind ic tment against any such offender Provided also t h a t no person shall be proceeded against by ind ic tment if a conviction shall have been previously obtained for the same offence unde r t he provisions of

this

Act .

14. Every dispute between any member of any Society established under th is Act or any of the Acts hereby repealed or any person cla iming t h r o u g h or under such member and the Trustees t reasurer or other officer or commit tee of m a n a g e m e n t thereof shall be decided in m a n n e r directed by the rules of such Society and the decision so made shall be b inding and conclusive on all part ies wi thout appeal Provided t h a t where the rules of any Society established under t he said A c t or any of t h e Acts hereby repealed shall direct disputes to be referred to Jus t ices t hen it shall be lawful for

any
any Jus t i ce of t he Peace upon complaint made by any member his executors adminis t ra tors nominee or assigns or by any person cla iming under t h e rules of the Society of any ma t t e r of dispute between h i m

or t h e m and the Society to s u m m o n the person against w h o m t h e
complaint is m a d e to appear a t a t ime a n d place to be named in such summons and any two Jus t ices present a t t he t ime and place ment ioned in such summons shall proceed to hear and de termine such complaint in m a n n e r provided by the A c t or Ac t s in force for t he t ime being regu la t ing summary proceedings before Jus t ices and such Jus t ices m a y m a k e such order the reupon ei ther for the paymen t of money or o ther wise together wi th costs as they shall t h i n k fit and where t he order made shall be for the doing of some act other t h a n t h e paymen t of money the said Jus t i ces m a y order t he p a y m e n t of a sum of money in default of t h e doing of such act and any money which shall be paid by a n y officer of the Society so levied on his p roper ty unde r any order or war ran t of t he Jus t ices shall be repaid wi th all damages accru ing to

h i m b y t h e Society.
15 . I n all Societies established under th is A c t or any of t h e

said repealed Acts all applications for t h e removal of Trustees or for any o ther relief order or direction or for t h e se t t lement of disputes t h a t m a y arise or m a y have arisen in any Society the ru les of which do no t prescribe any other mode of set t l ing such disputes or to enforce t h e decision of any arbi t rators or to hear or determine any dispute if no arbi t rator shall have been appointed or if no decision shall be m a d e by the arb i t ra tors wi th in forty days after applicat ion has been made by the member or person c la iming th rough or unde r a member or unde r t he rules of t he Society shall be made to t he Distr ic t Cour t of t h e district wi th in which the usua l or pr incipal place of business of t he Society shall be s i tuate and such Court shall upon the appl icat ion of any person interested in the m a t t e r en te r ta in such applicat ion and give such relief and m a k e such orders and directions in re la t ion to t h e m a t t e r of such applicat ion a s hereinafter ment ioned or as m i g h t before t h e commencement of this Ac t be given or made by the Supreme or any other Cour t and the decision of such Distr ic t Court upon and in relat ion to such applicat ion as aforesaid shall no t be subject to any appeal .
16. I n all cases where the order of such Dis t r ic t Cour t shall be

for t he p a y m e n t of money the same m a y be enforced in t he same m a n n e r as t he ordinary j u d g m e n t s of such Cour ts are enforced b u t where t he order of t he said Court shall be for the doing of some act

no t being for the paymen t of money it shall be lawful for t h e J u d g e
of such Distr ic t Court in his said order to order the par ty to d o such ac t or t h a t i n default of his so doing i t he s h a l l pay a cer ta in sum of money and in case he refuse or neglect to do t h e act required upon demand in t h a t behalf t he sum of money o r pena l ty in t he said order

m a y t h e n be recovered in t he same m a n n e r a s a j u d g m e n t for debt or

damages in such Cour t and it shall no t be l a w f u l to remove t h e same

by certiorari o r other wr i t or process before t he Supreme Cour t P r o
vided however t h a t t he P r imary J u d g e m a y m a k e such orders for regula t ing the proceedings b y and before t he Judges of Distr ic t Courts unde r this A c t a s he m a y th ink fit and such J u d g e s m a y regula te t he

proceedings before t h e m respectively so a s to render t h e m as inexpen
sive and summary as conveniently m a y be.
17. I n t he case of a n y Society established for any of t he

purposes wi th in t he mean ing of th is A c t or for a n y purpose which is no t i l legal hav ing wr i t ten o r pr in ted rules which have no t been certified by t h e Regis t ra r (provided a copy of such rules shall have been deposited wi th t he Regis t rar ) every dispute between any m e m b e r of such Society his executors adminis t ra tors nominees or assigns a n d

the

t he Trus tees t reasurer or o ther officer or the Commi t t ee of such Society shall he decided in m a n n e r hereinbefore ment ioned or provided wi th respect to disputes a n d the decision thereof in t he case of Societies to be established unde r th i s Act and t h e provisions of th i s Ac t re la t ing to disputes a n d to t h e p u n i s h m e n t of fraud or imposi t ion shall be applicable to such uncertified Societies Provided always t h a t no th ing here in conta ined shall be construed to confer on any such Society whose rules shall no t have been certified by t h e Regis t ra r or any of t h e officers or m e m b e r s of such Society any of t he powers exemptions or privileges of th i s A c t save and except as in and by this section is expressly provided.

P A R T I I I .
FRIENDLY SOCIETIES.

18 . I t shall be lawful for any n u m b e r of persons to form and

establish a F r i end ly

Society unde r t he provisions of this A c t for t h e

purpose of ra is ing by vo lun ta ry subscr ipt ions of t h e m e m b e r s thereof wi th or wi thou t t h e aid of donations a fund for a n y of t he following objects ( tha t is to say )—

(1.) F o r i n su r ing a s u m of money to be paid on the death of a m e m b e r or for t h e funeral expenses of t he husband wife or child of a member .
(2.) F o r t he relief ma in t enance or endowment of a member or t he h u s b a n d wife chi ld or k indred of a member in infancy old age sickness widowhood or any n a t u r a l s ta te of which the probabi l i ty may be calculated by way of average.
(3.) F o r insu r ing a s u m to be paid on t h e death of a member to t he person nomina ted in a wr i t ing to be deposited w i t h t h e secretary of t he Society by such member be ing the husband wife father m o t h e r child b ro the r sister nephew or niece of such member or in default of such nomina t ion or in case of t he death of such nominee to be paid to t h e executor or

admin is t ra to r or n e x t of k i n of such member .
(4.) F o r insur ing or m a k i n g good any loss or damage of live or dead stock goods implement s of t r ade and tools sustained by any member by fire flood shipwreck or other cont ingency of which the probabil i ty may be calculated by way of average.

(5.) F o r t h e frugal inves tment of t h e savings of members for the be t te r enabl ing t h e m to purchase food firing clothes or other necessaries or to purchase or h i re any implement mater ia l or art icle of use or necessity in the i r t rade cal l ing or business or to provide for t h e educat ion of the i r chi ldren Provided t h a t t he shares in any such I n v e s t m e n t Society shall no t be transferable and t h a t t h e inves tments of each member shall accumula te or be employed for t h e sole benefit of such member invest ing or of t h e husband wife chi ldren or k indred of such member and of no o ther person and t h a t t he whole a m o u n t of t h e balance due to such member according to t h e ru les of such Society be paid to h im on wi thdrawal therefrom.
(6.) F o r t h e purpose

of enabl ing any m e m b e r or t he husband

wife or chi ldren or nominee of such m e m b e r to immigra te

to N e w South W a l e s and of enabl ing such immigran t s to
purchase t he tools implement s mater ia l s or other necessaries of the i r t rade calling or business and of advancing loans to t h e m for any such purpose and t a k i n g securi ty for t he

r epayment thereof.
(7.)
(7.) For any other purpose of mutual benefit and advantage to the members only and not being within the purposes mentioned in Part IV or V of this Act which the Governor with the advice of the Executive Council shall authorize as a purpose to which the powers and facilities provided by this Act in relation to Friendly Societies ought to be extended

Provided that no member shall subscribe or contract for an annuity exceeding fifty-two pounds per annum or a sum payable on death or other contingency as aforesaid exceeding two hundred pounds.
19. All existing Friendly Societies whose rules have been certi fied and registered under any of the said repealed Acts shall so long as they shall not hereafter effect an assurance to any member thereof or other person of any sum exceeding two hundred pounds or of an annuity exceeding fifty-two pounds per annum enjoy all the exemp tions and privileges conferred on Societies to be established under the provisions of this Act as fully as if they had been registered there under.
20. In any Society in which a sum of money may be insured payable on the death of a child for the funeral expenses of such child it shall not be lawful to pay any sum so insured unless the person who shall apply for such payment shall produce a certificate signed by a legally qualified medical practitioner stating the probable cause of death of such child and if any Trustee or officer of such Society upon an insurance of a sum payable on the death of any child shall know ingly pay a sum which shall raise the whole amount receivable from one or more than one Society for the funeral expenses of a child under the age of five years to a sum exceeding three pounds or of a child between the ages of five and ten years to a sum exceeding four pounds or shall pay any sum without indorsing the amount thereof at the back or at the foot of the medical certificate aforesaid or if any parent or other person who shall apply for such payment to more than one Society shall produce to the Trustees or officers of one Society any other or different certificate than that which he shall have produced to the Trustees or officers of any other Society every such Trustee officer parent or other person shall be liable to a penalty not exceeding ten pounds for every such act upon conviction before two Justices of the Peace Provided always that if the said child shall have been attended immediately before its death by any such practitioner he shall deliver to the parents or friends of the deceased child upon their application a certificate stating the probable cause of death of such child and

shall not have been attended by any such practitioner the legally shall not be entitled to receive any fee for the same and if such child

qualified medical practitioner furnishing such certificate shall receive a fee of ten shillings and sixpence exclusive of travelling expenses Provided also that in places distant more than ten miles from the residence of a legally qualified medical practitioner such certificate may be given and signed by the Coroner of the district or a Justice of the Peace Provided always that the payment of any moneys under this section may be withheld or suspended if in the opinion of the persons furnishing the certificate of the death of the child in respect of whose death the application is made has been caused directly or indirectly by wilful neglect or any improper conduct.
21. I t shall be lawful for the members of any Society within

the meaning of this Part heretofore formed and established or hereafter to be formed and established at some meeting thereof to be specially called in that behalf to dissolve or determine the same by consent Provided that no such Society shall be dissolved or determined without obtaining the votes or consent of five-sixths in value of the then existing members thereof including the honorary members (if any) to

be ascertained in m a n n e r hereinafter ment ioned nor wi thout t he consent of all persons (if any) t hen receiving or t hen enti t led to receive any relief annu i ty or other benefit from the funds thereof to be testified unde r the i r hands individually and respectively unless t he claim of every such person be first duly satisfied or adequate provision made for satisfying such claim and for t he purpose of ascertaining the votes of such live-sixths in value of the members as aforesaid every member shall be ent i t led to one vote and a n addit ional vote for every five years t h a t he m a y have been a member b u t no one member shall have more t h a n five votes on the whole and the intended appropriat ion or division of the funds or other proper ty shall be fairly and distinctly stated in the agreement for dissolution prior to such consent being given and t h e agreement for such dissolution duly signed as aforesaid accompanied wi th a s ta tu tory declaration by one of the Trustees or by three members and the secretary t aken before a Jus t ice of t he Peace t ha t the pro visions of th is Act have been complied wi th shall be forthwith t rans mi t t ed to t he Regis t ra r to be by h im deposited wi th t h e rules of the Society and such agreement shall thereupon be an effectual discharge at law and in equi ty to t he Trustees treasurers and other officers of such Society and shall operate as a release from all t he members of the Society to such Trustees t reasurers or other officers A n d it shall no t be lawful in any Society to direct a division or appropr ia t ion of any par t of t he funds or proper ty thereof except for t he purpose of car ry ing into effect the general interests and objects declared in t he rules as origi nal ly certified unless t h e claim of every such member is first duly satisfied or adequate provision be made for satisfying such claim and in case any member of such Society shall be dissatisfied wi th such provision it shall be lawful for such member to apply to t he Dis t r ic t Court J u d g e of the district wi th in which the usual place of business of the Society is s i tuated for relief or other order and the said J u d g e shall have t he same powers to en te r ta in such applicat ion and to m a k e such order or direction in relat ion there to as he may th ink the just ice of the case may requi re as hereinbefore provided in regard to the set t lement of disputes A n d in t he event of the dissolution or determinat ion of any Society or t he division or appropriat ion of the funds thereof except in the way hereinbefore provided any Trustee or other officer or person aiding or abe t t ing there in shall on conviction thereof before two Jus t ices in a summary way be liable to be imprisoned wi th hard labor for any t e rm not exceeding th ree months .

22. I n case of the dissolution of any such Society as hereinbefore

provided i t shall no t be necessary to state in t he agreement the intended
appropriat ion or division of the funds or other proper ty b u t i t shall be
lawful for t he members if they shall t h ink fit to refer such appropria t ion or division to the award of the Regis t rar and in case appl icat ion shall be made in wri t ing by the members of any such Society no t being less in n u m b e r t h a n five-eighths of t he whole body thereof se t t ing forth t ha t t he funds of such Society arc; insufficient to meet t he claims thereon wi th t h e grounds upon which such insufficiency can be proved i t shall be lawful for the Regis t rar to invest igate t he same and if upon such invest igat ion he shall find t h a t t he Society is in an insolvent condit ion and tha t i t would conduce to t he interests of all part ies concerned t h a t t he affairs of t he Society should be wound u p and b rough t to a te rminat ion he shall m a k e an award to t h a t effect and

shall direct in w h a t m a n n e r the funds and proper ty of the	Society
shall be divided or appropriated	Provided t h a t previous to such

invest igat ion t he Regis t ra r shall give not less t h a n twenty-one days notice in wr i t ing to be sent by post to the Trustees secretary or other officer of such Society a t t he place where such Society holds its meet ings .

23 . Eve ry award so made as aforesaid by t h e Reg i s t r a r shal l
be final and conclusive on all members and other persons hav ing any claim on t h e funds of t he said Society wi thout appeal a n d shal l be enforced in t he same m a n n e r as is hereinbefore provided for enforcing the award of a rb i t ra tors and t h e expenses of such award and of publ ish ing t h e not ice of dissolution in t he Gazette shall be paid out of t h e funds of t h e Society before any appropr ia t ion thereof shall be made .
24. W h e n any such ag reement for t h e dissolution of a Society shal l be t r ansmi t t ed to t h e Reg i s t r a r and w h e n any such award to be m a d e shal l be made by the Regis t ra r not ice thereof shall wi th in two calendar m o n t h s after t h e same shal l have been so t r ansmi t t ed or made

respectively be advertised by the Regis t ra r in t he Gazette and unless

wi th in three calendar m o n t h s from the da te of the Gazette in which

such adver t i sement shall appear a m e m b e r or other person in te res ted
in or h a v i n g any claim on t h e funds of t he Society shall commence proceedings to set aside t h e dissolution of t h e Society consequent upon such ag reement or award the Society shall be considered for all in ten t s and purposes and in all Courts of law and Equ i ty as legally dissolved a n d t h e requisi te consents to such agreement or as t h e case may be to

t he applicat ion to the Reg i s t r a r to have been duly obtained wi thou t
proof of t he s ignatures there to .

25. The Regis t ra r in the n e x t annua l repor t submi t ted to

Pa r l i amen t shall set forth t he par t i cu la rs of every award made unde r

t he provisions of th is A c t which he m a y have m a d e du r ing t h e
preceding twelve mon ths .
26. I n regard to Societies which have been dissolved before t h e commencemen t of th is A c t if not ice of any ag reement for t h e disso lu t ion of such Society shall wi th in three m o n t h s after t he said t ime be advert ised in t h e Gazette as aforesaid t h e provisions of this Ac t shal l apply in t he same way as if such agreement had been t ransmi t ted and m a d e subsequent to t h e said t ime.
27. I t shall be lawful for any two or more Societies established under th is or any of t h e Ac t s hereby repealed to un i t e and become incorporated in one Society wi th or wi thou t any dissolution or division of t he funds of such Societies or e i ther of t h e m or for a Society formed or established unde r this A c t or t h e said repealed Acts to transfer i ts engagements to any other Fr iendly Society if any o ther Society shall unde r t ake to fulfil the engagements of such Society upon such t e rms as shall be agreed upon by the commit tee of m a n a g e m e n t of bo th

Societies confirmed by the major i ty of t h e member s of each of such Societies a t a general mee t ing convened for t he purpose and afterwards

approved of by t h e Regis t ra r Provided also t h a t any m e m b e r who is absent from such mee t ing in consequence of sickness or other emergency

m a y vote by wr i t ing u n d e r his h a n d a t tes ted by two persons.

28. Every Society established hereunder for any of the pu r poses hereinbefore in th i s P a r t specified or referred to shall a t some mee t ing of i ts m e m b e r s and by a resolut ion of a majority of t h e member s t h e n present nomina te a n d appoin t one or more person or persons to be Trus tee or Trustees for t he said Society and t h e l ike in case of any vacancy in t h e same office and a copy of t he resolution so appoin t ing such person or persons to t h e office of Trustee and signed by such Trus tee or Trustees by t h e secretary and th ree members of t h e said Society shall be sent to t h e Regis t ra r to be by h i m deposited wi th t h e rules of t he said Society in his custody Provided a lways t h a t where no Trus tee shall have been appointed in any Society established under t h e A c t hereby repealed t h e t reasurer thereof or o ther person who has cus tody of t he moneys of such Society shall be t a k e n to be a Trus tee

wi th in t h e mean ing of this Ac t .

29. Any person under the age of twenty-one may be elected or admitted as a member of any Society established under this Act or any of the Acts hereby repealed provided that the rules of such Society do not prohibit such election and may and he is hereby empowered to execute all necessary instruments and to give all necessary acquittances Provided always that during his minority such person shall not be competent to hold office as director trustee treasurer or manager of such Society.

30. Any declaration whether verbal or written made by any person becoming a member of any such Society at or after admission shall be binding on such person and any member found guilty of mis statement or concealment may be deprived of all benefits and expelled from such Society by any vote or resolution of not less than three-fourths of the members.

31. Every Fricndly Society registercd under this Act shall furnish to persons intending to become members thereof a list which shall state all the charges which are payable by members upon their admission to such Society and whether the same are compulsory or optional and all persons upon becoming members of any such Society shall be liable to pay only such charges as are mentioned in such list Provided always that any such charges may be altered from time to time by resolution of not less than three-fourths of such members.

32. I t shall be lawful for the Trustees for the time being of any Friendly Society formed and established under this Act or under any of the Acts hereby repealed with the consent of the majority of the members thereof present at a special meeting of the Society to purchase build hire or take upon lease any building for the purpose of holding such meetings and to adapt and furnish the same or to purchase or hold upon lease any land for the said purpose of erecting thereupon a building for holding the meetings of the Society and such Trustees shall thereupon hold the same in trust for the use of such Society and with the like consent as aforesaid such Trustees may mortgage sell exchange or let such building or any part thereof and the receipt in writing of such Trustees for the time being shall be a legal discharge for the money arising from such mortgage sale exchange or letting and no mortgagee purchaser tenant or assignee shall be bound to inquire into or ascertain or prove the consent aforesaid to verify his title Provided always that any building purchased or appropriated for the purpose aforesaid already belonging to or in possession of any such Society heretofore formed and established under any of the said repealed Acts may be holden and dealt with as if it had been

in the treasurer Trustees or other officer thereof for the time being shall acquired under this Act and the land or buildings which may be vested	thereupon vest in the Trustees for the time being of such Society for
the same estate and interest as the said treasurer Trustees or other officer may have therein without any conveyance or assignment what ever Provided nevertheless that all money spent in purchasing building hiring or taking upon lease any building for the purpose of holding such meetings and in adapting and furnishing the same be raised according to the rules of the Society in such behalf inserted.
33. All real and personal estate whatsoever belonging to any such Society established under this Act or any of the Acts hereby repealed shall be vested in such Trustees for the time being for the use and benefit of such Society and the members thereof and the real or personal estate of any branch of a Society shall be vested in the Trustees of such branch and be under the control of such Trustees their respective executors or administrators according to their respective claims and interests and upon the death or removal of any such Trustee the same shall vest in the succeeding Trustee or Trustees for the same estate and interest as the former Trustee or Trustees

had
had therein and subject to the same trusts without any conveyance or assignment whatsoever and in all actions or suits or indictments or summary proceedings before magistrates touching or concerning any such property the same shall be stated to be the property of the person or persons for the time being holding the said office of Trustee or Trustees in his or their proper name or names as Trustee or Trustees of such Society without any further description.
34. The Trustees of any such Societies are hereby authorized to bring or defend or cause to be brought or defended any action suit or prosecution in any Court of law or Equity touching or concerning the property right or claim to property of the Society for which he or they are such Trustees as aforesaid and such Trustees shall and may in all cases concerning the real or personal property of such Society sue and be sued plead and be impleaded in any Court of law or Equity in their proper name or names as Trustees of such Society without other descrip tion and no such action suit or prosecution shall be discontinued or shall abate by the death of any Trustee or his removal from the office of Trustee but the same shall and may be proceeded in by or against the succeeding Trustee or Trustees as if such death or removal had not taken place and such succeeding Trustee or Trustees shall pay or receive the like costs as if the action or suit or prosecution had been commenced in his or their name or names for the benefit of or to be reimbursed from the funds of such Society.
35. Provided nevertheless that no Trustee of any such Society shall be liable to make good any deficiency which may arise or happen in the funds of such Society but shall be liable only for the money which shall be actually received by him on account of such Society.
36. I n any proceedings against any such Society established under this Act or any of the Acts hereby repealed it shall be sufficient to make the secretary or other public officer of such Society the defendant in such proceedings by his name and the title of the office he holds in the Society and such proceedings shall be commenced and carried on against such officer on behalf of such Society and shall not be abated or prejudiced by the death resignation or removal or by any act of such officer after the commencement thereof and the sum mons to be issued to such officer may be served by leaving it at the office or place of business of such Society.
37. The treasurer of every such Society and every treasurer
hereafter appointed in any Society established under this Act or any of
the Acts hereby repealed and any other officer who is required by the
rules of such Society to give security shall before he take upon himself
the execution of his office become bound with one or more sufficient
sureties in a bond according to the form set forth in the fourth Sche- dule hereto or shall give the security of a Guarantee Society established in New South Wales in such penal sum as the Society or the com mittee of management shall direct and appoint conditioned for his just and faithful execution of his said office of treasurer and for rendering a just and true account of all the moneys received or paid by him on account of the said Society at such times as such rules shall direct and appoint and at such times as he shall be required so to do by the Trustees of the said Society or by a majority of the said committee of management or by a majority of the members present at any meeting of such Society and every such bond shall be given to the Trustees of the Society for the time being and if the same shall at any time become forfeited it shall be lawful for such Trustees for the time being to sue upon such bond for the use of such Society.
38. The treasurer or other officer of every such Society whether
appointed before or after the passing of this Act at the times prescribed
by the rules of such Society or upon being required so to do by the

Trustees

Trustees of such Society or by a majority of the said committee of management or by a majority of the members present at a meeting of the said Society as aforesaid within seven days after such requisition shall render to the Trustees of the Society or to the said committee of management or to the members of such Society at a meeting of such Society a just and true account of all moneys received and paid by him since he last rendered the like account and of the balance then remaining in his hands and of all bonds and securities of such Society which account the said Trustees or committee of management shall cause to be audited by some fit and proper person or persons by them to be appointed and such treasurer if thereunto required upon the said account being audited shall forthwith hand over to the said Trustees the balance which on such audit shall appear to be due from him and shall also if required hand over to such Trustees all securities and effects books papers and property of the said Society in his hands or custody and if he fail to do so the Trustees of the said Society may sue upon the bond aforesaid or may sue such treasurer in the District Court of the district or in the Supreme Court or in any other Court having jurisdiction for the balance appearing to have been due from him upon the account last rendered by him and for all the moneys since received by him on account of the said Society and for the securities and effects books papers and property in his hands or custody leaving him to set off in such action the sums (if any) which he may have since paid on account of the said Society and in such action the said Trustees shall be entitled to recover their full costs of suit to be taxed as between attorney and client.

39. If any person already or hereafter to be appointed or employed to or in any office in any such Society established under this Act or any of the Acts hereby repealed whether such appoint ment or employment was before or after the legal establishment of such Society and having in his hands or possession by virtue of his office any moneys or property whatsoever of such Society or any deeds or securities belonging to such Society shall die or become insolvent or have any execution or attachment or other process issued against him or any part of his property or shall make any assignment for the benefit of his creditors the heirs executors administrators or assignees of every such officer and every other person having or claiming right to the property of such officer and the Sheriff or other person executing such process shall upon demand in writing made by the treasurer or by the Trustees of such Society or any person appointed at some meeting of the Society to make such demand deliver and pay	over all such moneys property deeds and securities belonging to such	Society to such person as such treasurer or Trustees shall appoint and
shall pay out of the estate assets or effects of such officer all sums of money duo which such officer shall have received before any other of his debts are paid and before any other claims upon him shall be satisfied and 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 discharge and satisfaction of such claims.
40. Before any Friendly Society shall be registered under this Act the persons intending to establish the same shall agree upon and frame a set of rules for the regulation government and management of such Society and in such rules they may amongst other things make provision for appointing a general committee of management of such Society and delegating to such committee all or any of the powers given by this Act to the members of Friendly Societies established thereunder and such rules shall set forth—

(1.) The name of the Society and place of meeting for the business of the Society.

B (2.)
(2.) The whole of the objects for which the Society is to be established the purposes for which the funds thereof shall be applicable the tables or scales of payment and the conditions under which any member may become entitled to any benefit assured thereby and the fines and forfeitures to be imposed on any member of such Society.
(3.) The manner of making altering amending and rescinding rules. (4.) A provision for the appointment and removal of a general
committee of management of a Trustee or Trustees treasurer
and other officers.

(5.) A provision for the investment of the funds and for an annual or periodical audit of accounts.
(6.) The manner in which disputes between the Society and any of its members or any person claiming by or through any member or under the rules shall be settled.
And the rules of every such Society shall provide that all moneys received or paid on account of each and every particular fund or benefit assured to the members thereof their husbands wives children fathers mothers brothers or sisters nephews or nieces or assigns for which a separate table of contributions payable shall have been adopted shall be entered in a separate account distinct from the moneys received and paid on account of any other benefit or fund and also that a contribu tion shall be made to defray the necessary expenses of management and a separate account shall be kept of such contributions and expenses.

41. When on the death of a member of any such Society established under this Act or any of the Acts hereby repealed a sum of money not exceeding one hundred pounds shall become payable the same shall be paid by the Trustees of such Society to the persons directed by the rules thereof or nominated by the deceased in writing deposited with the secretary (such person being the husband wife father mother child brother or sister nephew niece or nominee of such member) And in case there shall be no such direction or nomination or the person so nominated shall have died before the deceased member or in case the member shall have revoked such nomination then such sum shall be paid to the person who shall appear to the said Trustees to be entitled to receive the same without taking out letters of admin istration Provided that wherever the Trustees of any such Society after the decease of any such member thereof shall have paid and divided any such sum of money to or amongst any person or persons who shall at the time of such payment appear to such

Trustees to be entitled to the effects of any deceased member who
has died intestate without having appointed any nominee as aforesaid

the payment of such sum shall be valid and effectual with respect to any demand from any other person or persons as next of kin of such deceased member or as the lawful representative or representatives of such member against the funds of such Society or against the Trustees thereof but nevertheless such next of kin or representative shall have his or her lawful remedy for such money so paid as aforesaid against the person or persons who shall have received the same.

42. The Trustees of any such Society established under this Act or any of the said repealed Acts from time to time with the consent of the committee of management of such Society or of a majority of the members of such Society present at a general or special meeting thereof or in accordance with the rules of such Society may deposit the funds of such Society in any Government Savings' Bank or invest such funds or any part thereof to any amount in any Colonial Government Fund or Debentures or in such other security as the rules of such Society may direct not being the purchase of house or land (save and except

the

the purchase of buildings wherein to hold the meetings or transact the business of such Society as hereinbefore mentioned) and not being the purchase of shares in any joint stock or other company with or without charter or incorporation and not being personal security except in the case of a member of one full year's standing at least and in respect of a sum not exceeding one-half the amount of his assurance on life such member providing the written security of himself and two satisfactory sureties for repayment and in case of such member's death before repayment the amount of such advance with interest money be deducted from the sum so assured without prejudice in the meantime to the operation of such security.

43. The Trustees of any such Society may out of the funds thereof subscribe to any hospital infirmary charitable or other provi- dent institution such annual or other sum as may be agreed upon by the committee of management or by a majority of the members at a meeting called for that purpose in consideration of any member of such Society his wife child or other person nominated being eligible to receive the benefits of such hospital or other institution according to the rules thereof.

44. If any person shall become a member of more than one Society whereby certain benefits shall accrue on account of the same kind of assurance from more than one Society it shall not be lawful for him or for any person entitled through or under him or by reason of his membership or for any number of such persons in the aggregate to receive more than two hundred pounds or in the case of annuities or superannuation fifty-two pounds a year from such Societies collec tively and in any case where a person shall be a member of more than one such Society and he or any other person or persons shall be entitled to any benefit in gross or by way of annuity from any such Society he or (as the circumstances may require) every such other person shall before he shall receive any such benefit from any of such Societies make and sign a declaration that the total value of all benefits accruing or which shall have accrued in respect of any one kind of assurance does not exceed the value of two hundred pounds or in the case of annuities or superannuation fifty-two pounds per annum and it shall be lawful for any Society to require any member or any other person who shall be entitled to such benefit before he shall receive the same to make and sign a declaration to the same effect or that such member was not when the benefit accrued a member of any other Association and if any person shall knowingly make any false

or fraudulent declaration in any such case he shall be guilty of a misdemeanor.

45. The Trustees of every such Society established under this Act or any of the Acts hereby repealed or the officer thereof appointed to prepare returns shall once in every year in the months of January February or March transmit to the Registrar a general statement of the funds and effects of such Society during the past twelve months or a copy of the last annual report of such Society and shall also within three months after the thirty-first day of December one thousand eight hundred and seventy-three and so again within three months after the expiration of every five years succeeding transmit to the said Registrar a return of the rate or amount of sickness and mortality experienced by such Society within the preceding five years in such form as shall be prepared by the said Registrar and an abstract of the same shall be laid before Parliament and the Registrar shall also lay before Parliament every year a report of his proceedings as Registrar of Friendly Societies within the meaning of this Part and of the principal matters transacted by such Societies which have come under his cognizance during the past year.

46. If default be made in transmitting to the Registrar before the first day of June in each year after the year one thousand eight hundred and seventy-three the general statement or copy of the last annual report of any Society in compliance with the provisions of the last preceding section the officer making such default shall be liable to a penalty not exceeding five pounds to be recovered with costs at the suit of the Registrar in a summary way.
47. I t shall be lawful for the Trustees of any such Society to require of any members who are Volunteers a contribution exceeding the rate of contribution otherwise payable by such members to an amount not exceeding one-sixth of such rate during the time such members shall be serving out of New South Wales or to suspend all claim of such members to any benefits of such Society and all claim of the Society to any contribution payable by such members during the time they may be out of the Colony provided that such suspension shall cease so soon as the said members shall return to the Colony and they shall thereupon be placed upon the same footing as before they went out of the Colony Provided that nothing in this section contained shall affect the provisions of the thirty-ninth section of the "Volunteer Force Regulation Act of 1867" except as herein expressly enacted.
48. The provisions of the Act twenty-sixth Victoria number thirteen whereby the interests of insured persons are declared to be exempt from seizure or levy by or under the process of any Court whatever and from any law relating to insolvency or bankruptcy and the privileges by the said Act extended to married women in respect of policies endowments and annuities as therein described shall apply to annuities and endowments in course of payment or to become payable under this Part to the extent authorized thereby And in every such case the contributions or subscriptions made towards the same shall be in like manner protected as aforesaid Provided that such annuity endowment or contributions shall have endured for a period not less than two years.
PART IV.

BENEFIT BUILDING LOAN AND INVESTMENT SOCIETIES.

49. I t shall be lawful for any number of persons to form them selves into and establish Societies—
(1.) For the purpose of raising by the monthly or other
subscriptions of the several members of such Societies in

shares not exceeding the value of two hundred pounds for each share (such subscriptions not to exceed thirty shillings
per month for each share) a stock or fund for the purpose of enabling each member thereof to receive out of the funds of such Society the amount or value of his share or shares therein and to erect or purchase a dwelling-house or dwelling- houses or to acquire other real or leasehold estate to be secured by way of mortgage to such Society until the amount or value of his share shall have been fully repaid to such Society with the interest thereon and all fines or other payments incurred in respect thereof.

(2.) For creating a loan fund for the use of members with a

periodical repayment of principal and interest by instalments.
(3.) For any other purpose of mutual benefit and advantage to the
members only which the Law Officers of the Crown shall
certify to be legal and such as in their opinion is deserving of
the extension thereto of the facilities and privileges by this
Act conferred on Societies within the meaning of this Part .

And such persons may make rules subject to the provisions of this
Act for the better carrying out any of the aforesaid purposes.

50. The rules of every Society so to be established shall provide for the several particulars following (that is to say)—

(1.) The name objects and place of business of the Society.
(2.) The mode of appointing a committee of management and
their duties and powers.

(3.) The mode of appointing and removing officers of the Society.
(4.) The number of shares to be held by any one member.
(5.) The manner of making new rules and altering or repealing
existing rules.

(6.) The manner of settling disputes between the Society and any officer or member thereof or person claiming on account of a member.
(7.) The manner of collecting the subscriptions of the members of providing for the safe keeping thereof and mode of investing and applying the same and the other funds of the Society to the purposes of the Society.
(8.) The auditing of accounts and the publication of a general balance of the assets and liabilities of the Society at least once a year.
(9.) The faithful performance of their duties by the paid officers of the Society having the custody or management of any moneys of the Society and the amount and nature of security to be given by such officers.
(10.) The manner of winding up the affairs of the Society and
dissolving the same and distributing the assets thereof.

51. No member shall receive or be entitled to receive from the

funds of any such Society established under this or the Act hereby repealed relating to Benefit Building Societies any interest or dividend by way of annual or other periodical profit upon any shares in such Society until the amount or value of his shares shall have been realized except on the withdrawal of such member according to the rules of such Society.

52. I t shall be lawful for any such Society to receive from any member thereof any sum of money by A\ay of bonus on any share or shares for the privilege of receiving the same in advance prior to the same being realized and also any interest for the share or shares so received or any part thereof.

53. I t shall be lawful for any such Society in and by the rules
thereof to describe the form or forms of conveyance mortgage transfer

agreement bond or other instrument which may be necessary for

be specified and set forth in a Schedule to be annexed to the rules of carrying the purposes of the said Society into execution and which shall

such Society.

54. The Trustees named in any mortgage whether already made or hereafter to be made on behalf of any Society established under this Act or the Act relating to Benefit Building Societies hereby repealed or the survivors or survivor of them or the Trustees for the time being may endorse upon any mortgage or further charge given or to be given by any member of any such Society to the Trustees thereof for moneys advanced or to be advanced by any such Society to any member thereof a receipt for all moneys intended to be seemed by such mortgage or further charge which receipt shall be sufficient and effectual to vacate the said security and to vest the estate of and in the property comprised in such security in the person or persons for the time being entitled to the equity of redemption to the uses and upon the trusts to or upon which the equity of redemption then stands limited without it being necessary for the Trustees of any such Society to give or execute any reconveyance of the property so mortgaged Provided always that the form of such receipt shall be specified in a schedule to be annexed to the rules of such Society.

55. A copy of any resolution appointing any person to the office of Trustee of any such Society and signed by the secretary and any three members thereof deposited with the Registrar shall be conclusive evidence as to the fact of such appointment and of its sufficiency in favor of all persons accepting any conveyance or release or otherwise dealing with such Trustee And no such person shall be bound to inquire into the particulars of any such appointment except as disclosed by the copy of resolution so deposited or prejudiced by any breach or neglect of the rules of such Society or provisions of this Act in reference thereto.
56. The following sections of Part I I I of this Act shall and may be applied to every Society heretofore or hereafter to be established for any of the purposes hereinbefore in this Part mentioned or referred to unless the rules of such Society make other provision in respect of the several matters in the said sections contained inconsistent with the application thereof to such Society (that is to say) :—
With reference to the dissolution of Societies and the awards of

the Registrar Sections 21 to 26 inclusive.

With reference to the union of Societies and transfer of engage ments Section 27.

With reference to appointment of Trustees Section 28.

With reference to minors and list of charges Sections 29 and 31 .
With reference to purchase or lease of buildings for holding meetings &c. Section 32.
With reference to vesting of property in Trustees actions by or
against them limitation of their liability and proceedings

against a Society Sections 33 to 36 inclusive.

With reference to security by and accountability of treasurer Sections 37 and 38.
With reference to recovery of property on death or insolvency of

officers Section 39.

With reference to returns to Registrar Sections 45 and 46.
And for the purpose of the better giving effect to the provisions of this section all words and expressions in the said sections or any of them shall bear such extended or qualified meanings as may be necessary to make the provisions of the said sections applicable hereto.

PART V.
CO-OPERATIVE TRADING AND INDUSTRIAL SOCIETIES.

57. Any number of persons not being less than seven may establish a Society under this Act for the purpose of carrying on any labour trade or handicraft whether wholesale or retail except the business of banking which the members of such Society voluntarily unite to carry on or exercise and of applying the profits to any lawful purposes and the buying and selling of land and the working of mines and quarries shall be deemed to be a trade within the meaning of this section.
58. The rules of every such Society shall contain provisions in respect of the several matters following viz. :—
(1.) Object name and place of office of the Society which must in all cases be registered as one of limited liability.
(2.) Terms of admission of members.
(3.) Mode of holding meetings and right of voting and of making
or altering rules,

(4.)

(4.) Determination whether the shares or any number thereof shall be transferable or not and in case it be determined that the shares or any number thereof shall be transferable provisions for the form of transfer and registration of shares and for the consent of committee of management and confirmation by the general meeting of the Society and in case shares shall not be transferable provision for paying to members balance due to them'on withdrawing from the Society.
(5.) Provision for the audit of accounts.

(6.) Power to invest part of capital in another Society Provided
that no such investment be made in any other Society not
registered under this Act.
(7.) Power and mode of withdrawing from the Society and provisions for the claims of executors administrators or assigns of members.
(8.) Mode of application of profits.
(9.) Appointment of managers and other officers and their
respective powers and remuneration.

59. A certificate of registration according to the form set forth in the third schedule hereto shall be given by the Registrar in all cases where the requirements of this Act have been complied with and such certificate shall in all cases be conclusive evidence that the Society mentioned therein has been duly registered.

60. The granting of such certificate to a Society by the Registrar shall have the effect of incorporating the members of such Society by the name described in such certificate with perpetual succession and a common seal with power to hold lands and buildings and to erect purchase lease mortgage sell and convey the same respectively and with limited liability as hereinafter provided.

61. The certificate of registration shall vest in the Society all the property that may at the time be vested in any person in trust for the Society and all legal proceedings then pending by or against any such person or any other officer on account of the Society may be pro secuted by or against the Society in its registered name without abate ment.

62. A copy of rules shall be delivered by the Society to every person on demand on payment of a sum not exceeding one shilling.

63. No Society shall be registered under a name identical with that by which any other existing Society has been registered or so	nearly resembling such name as to be likely to deceive the members
or the public and the word "Limi ted" shall be the last word in the name of every Society registered under this Act.
64. No member shall be entitled in any Society registered under this Act to hold or claim any interest exceeding the sum of two hundred pounds but the Society may hold in its registered name any amount of interest in any other registered Society.
65. Every such Society shall paint or affix and shall keep painted or affixed its name on the outside of every office or place in which the business of the Society is carried on in a conspicuous position in letters easily legible and shall have its name engraven in legible characters on its seal and shall have its name mentioned in legible characters in all notices advertisements and other official publications of such Society and in all bills of exchange promissory- notes indorsements cheques and orders for money or goods purporting to be signed by or on behalf of such Company and in all bills of parcels invoices receipts and letters of credit of the Society.

66. If any such Society does not paint or affix and keep painted or affixed its name in manner directed by this Act it shall be liable to a penalty not exceeding five pounds for not so painting or affixing its name and for every day during which such name is not so kept painted or affixed and if any officer of such Society or any person on its behalf uses any seal purporting to be a seal of the Society whereon its name is not so engraven as aforesaid or issues or authorizes the issue of any notice advertisement or other official publication of such Society or signs or authorizes to be signed on behalf of such Society any bill of exchange promissory-note indorsement cheque order for money or goods or issues or authorizes to be issued any bill of parcels invoice receipt or letter of credit of the Society wherein its name is not mentioned in manner aforesaid he shall be liable to a penalty of fifty pounds and shall further be personally liable to the holder of any such bill of exchange promissory-note cheque or order for money or goods for the amount thereof unless the same is duly paid by the Society.
67. Every such Society shall have a registered office situate in this Colony to which all communications and notices may be addressed If any Society registered under this Act carries on business without having such an office it shall incur a penalty not exceeding five pounds for every day during which business is so carried on.
68. Notice of the situation of such registered office and of any change therein shall be given to the Registrar and recorded by him and until such notice is given the Society shall not be deemed to have complied with the provisions of this Act.
69. The rules of every such Society shall bind the Society and the members thereof to the same extent as if each member had subscribed his name and affixed his seal thereto and as if there were in such rules contained a covenant on the part of himself his heirs executors and administrators to conform to such rules subject to the provision of this Act and all moneys payable by any member to the Society in pursuance of such rules shall be deemed to be a debt due from such member to the Society.
70. Any such Society may be wound up either by the Supreme Court the Chief Commissioner of Insolvent Estates or voluntarily in the same manner and under the same circumstances under and in which any Company may be wound up under any Act or law for the time being in force for winding up Companies and all the provisions of such Act or law with respect to winding up shall apply to all such
Societies. 71. I n case of the dissolution of any such Society such Society
shall nevertheless be considered as subsisting and be in all respects
subject to the provisions of this Act so long and so far as any matters relating to the same remain unsettled to the intent that such Society may do all things necessary to the winding up of the concerns thereof and that it may be sued and sue under the provisions of this Act in respect of all matters relating to such Society.
£ 72. In the event of any such Society being wound up every present and past member of such Society shall be liable to contribute to the assets of the Society to an amount sufficient for payment of the debts and liabilities of the Society and the costs charges and expenses of the winding up and for the payment of such sums as may be required for the adjustment of the rights of the contributors amongst themselves with the qualifications following (that is to say)—
(1.) No past member shall be liable to contribute to the assets of the Society if he has ceased to be a member for a period of one year or upwards prior to the commencement of the winding up.

(2.)

(2.) No past member shall be liable in respect to any debt or liability of the Society contracted after the time at which he ceased to be a member.
(3.) No past member shall be liable to contribute to the assets of the Society unless it appears to the Court that the existing members are unable to satisfy the contributions required to be made by them in order to satisfy all just demands upon such Society.
(4.) No contribution shall bo required from any member exceeding the amount (if any) unpaid on the shares in respect of which he is liable as a past or present member.

73. The provisions of the forty-first: section of this Act whereby a member of any Society therein referred to is allowed to nominate any persons to whom his investment in such Society shall be paid shall extend in the case of Societies within the meaning of this Part to allow any member thereof to nominate any person into whose name his interests in such Society at his decease shall be transferred and notwithstanding that the rules of such Society declare its shares not to be transferable Provided nevertheless that any such Society may in lieu of making such transfer elect to pay to any persons so nominated the full value of such interest.
74. Every person or member having an interest in the funds of any Society under this Act may inspect the books and the names of the members at all reasonable hours at the office of the Society.

75. A general statement of the funds and effects of every such Society shall be transmitted to the Registrar once in every year and shall exhibit fully the assets and liabilities of such Society and shall be prepared and made out within such period and in such form and shall comprise such particulars as the Registrar shall from time to time require who shall have authority to require such evidence to be produced as he may think proper of all matters required to be done and of the entries contained in any document required to be transmitted to him under this Act and every member of or depositor in any such Society shall be entitled to receive on application to the treasurer or secretary thereof a copy of such statement without fee or charge.

PART V I .
MISCELLANEOUS PROVISIONS.

76. Any Society under this Act may be constituted a Company under the Act or Acts in force for the time being relating to Joint Stock Companies by conforming to the requirements of such Act or Acts and shall thereupon cease to retain its registration under this Act.

77. Any such Society may with the approval in writing of the Registrar change its name but no such change shall affect any rights or obligations of such Society or of any member thereof and any legal proceedings may be continued or commenced by or against the Trustees of such Society or any officer or the committee of management thereof by the new name of such Society and the Registrar shall give his certificate of such change of name in the form in the third Schedule hereto.

78. All penalties and fines imposed by this Act or by the rules of any Society registered or brought under the operation of this Act and all offences committed under such Act or Rules shall and may be recovered and prosecuted (where no other provision for the recovery or prosecution thereof is in that behalf provided) in a summary way

c at
at the suit of the Registrar in the case of offences liable to penalties under this Act and at the suit of the Society or the Secretary thereof in the case of penalties imposed by the rules of such Society by and before any two Justices of the Peace in manner provided by the Act or Acts in force for the time being regulating summary proceedings before Justices And where such penalty or fine be not paid either immediately after the conviction or within the time appointed by the conviction the same may be levied and enforced by distress and sale of the offender's goods and chattels and in failure of distress in manner provided by the Act eleven and twelve Victoria chapter forty-three as adopted by the fourteenth Victoria number forty-three and any Acts amending the same.
79. All persons aggrieved by any summary conviction under this Act may appeal therefrom in the manner provided by the Act or Acts in force for the time being regulating appeals from Justices.
80. No such conviction or any adjudication made upon appeal therefrom shall be quashed for want of form or be removed by writ of certiorari or otherwise into the Supreme Court.
81. No copy of rules nor power warrant or letter of attorney granted by any person as Trustee of any Friendly Society within the meaning of Part I I I established under this Act or the Act hereby repealed for the transfer of any share in any Colonial funds or deben tures standing in the name of such Trustee nor any order or receipt for money contributed to or received from the funds of any such Society by any person liable or entitled to pay or receive the same by virtue of the rules thereof or of this Act nor any bond to be given to or on account of any such Society or by the treasurer or any officer thereof nor any draft or order nor any form of policy nor any appoint ment of any agent nor any certificate or other instrument for the revocation of any such appointment nor any other document whatever required or authorized by or in pursuance of this Act or the rules of any Society shall be liable to stamp duty Provided that no exemption from any of the duties granted by any Act relating to stamp duties shall be deemed to extend to any Society which shall assure the pay ment of money in excess of the limit or in favor of any persons other than those mentioned in the eighteenth section hereof.

SCHEDULES.

F I R S T S C H E D U L E .

No. of Act. Title of Act. Extent of Repeal.

7 Vic. No. 10 An Act to regulate Friendly Societies in

N e w South Wales The whole.

11 Vic. No . 10 An Act for the regulation of Benefit

Building Societies ............. The whole.

11 Vic. No. 53 A n Act to amend the Act regulating

Friendly Societies in New South Wales The whole.

14 Vic. No . 11 A n Act for the encouragement of persons
desirous of providing for their support
in old age and for the protection under
certain restrictions of their annuities

and subscriptions for deferred annuities The whole.

17 Vic. No. 26 An Act to consolidate and amend the Laws

relating to Friendly Societies The whole.

29 Vic. No. 8 A n Act to establish Industrial and Provi

dent Societies The whole.

S E C O N D

S E C O N D S C H E D U L E .

Scale of Fees payable to Registrar.

For Friendly Societies For Benefit Building and For Co-operative Trading

within the meaning other Societies within and Industrial Societies

of Part III . Part IV. within Part V.

£ s. d. £ s. d. £ s. d.

Certificate of Rules

1 1 0

of now Society...
Certificate of new
or amended rule

0 10

change

of name .....................

A.ward

T H I R D S C H E D U L E .

Form of Registrar's

Certificate

to Rules of Societies alterations or amendments

thereof

or change in name.

H E R E B Y certify t h a t t he foregoing rules (or t he al terat ions or amendments of

the

rules) of t he Society a t are in conformity with law (and in the case of a new Society) and tha t the Society is duly established from the present date and is subject to the provisions and enti t led to t he privileges of t he " Fr iend ly Societies Ac t of 1873 ."

[If Society is a Friendly Society within Part III of the said Act] t he ra tes of

contr ibut ions and payments are s tated to have been prepared by A.B.

ac tuary of

(or as the case may be) a re not s tated to have been prepared by

any ac tuary (or if certificate

is of change of name) t h a t t he registered name of t he

Society established a t is changed from the date hereof to the

name following

Society in accordance with the provisions of t he seventy-

eighth section of the " Fr iendly Societies Ac t of 1873."

Da ted this day of 18 .

(A.B.) Regis t rar of Fr iendly Societies.

F O U R T H S C H E D U L E .
Form of Bond.

K N O W all men by these presents t h a t we A.B.

Treasurer &c.

(as the case may be) of t he

Society established a t

and C.D. of (as sure ty on behalf

of the said A.B.) are jointly and severally held and firmly bound to A.B. of

C.D. of

and F.F.

the Trus tees of t he said

Society in the sum of to be paid to the said A.B. C.D. and F.F. as such Trus tees or the i r successors Trus tees for the t ime being or their certain At to rney for which payment well and t ru ly to be made wo joint ly 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. Da ted the day of in the year of our Lord

W h e r e a s the above-bounden A.B. ha th been duly appoiuted Treasurer &c. (as the

case may be) of the Society established as aforesaid and he together with t he above-bounden CD. as his sure ty have en te red into the above-writ ten bond subject to the condition hereinafter contained Now therefore the condition of the above wr i t t en bond is such tha t if t he said A.B. shall and do jus t ly and faithfully execute his office of Treasurer &c. (as the case may be) of the said Society established as aforesaid

and
and shall and do render a ju s t and t r u e account of all moneys received and paid by him and shall and do pay over all moneys remaining in his hands and assign and transfer or deliver all securities and effects books papers and proper ty of or belonging to t he said Society in his hands or custody to such person or persons as t he said Society shall appoint according to the rules of the said Society together with the proper or legal receipts or vouchers for such payments and likewise shall and do in all respects well and t ru ly and faithfully perform and fulfil his office of Treasurer &c. (as the case may he) to t he said Society according to t he rules thereof then the above-writ ten bond shall be void and of no effect otherwise shall be and remain in full force and vir tue.

appointed to m a n a g e and direct t he affairs of t h e Society	by
whatever n a m e such body m a y be designated.

person in tending or applying to become a member of such Society a	copy of any rules or of any al terat ions or amendmen t s of t he same
other t h a n those: respectively which have been enrolled wi th the Clerk
of t he Peace for the t ime being or certified by the Regis t ra r wi th a
copy of his certificate appended there to under colour t h a t t h e same are b inding upon t h e members of such Society or shall m a k e any al terat ion in or addit ion to any of t he rules or tables of such Society after they shall have been enrolled or certified b y the Regis t ra r and shall c irculate t he same purpor t ing t ha t they have been duly enrolled or certified unde r this or a n y of the sa id repealed Acts when they have not been so duly enrolled o r certified every person so offending shall be deemed guil ty of a misdemeanor.

proceedings before t h e m respectively so a s to render t h e m as	inexpen
sive and summary as conveniently m a y be.

t he applicat ion to the Reg i s t r a r to have been duly obtained	wi thou t
proof of t he s ignatures there to .

t he provisions of th is A c t which	he m a y	have m a d e	du r ing	t h e
preceding twelve mon ths .

41. When on the death of a member of any such Society established under this Act or any of the Acts hereby repealed a sum of money not exceeding one hundred pounds shall become payable the same shall be paid by the Trustees of such Society to the persons directed by the rules thereof or nominated by the deceased in writing deposited with the secretary (such person being the husband wife father mother child brother or sister nephew niece or nominee of such member) And in case there shall be no such direction or nomination or the person so nominated shall have died before the deceased member or in case the member shall have revoked such nomination then such sum shall be paid to the person who shall appear to the said Trustees to be entitled to receive the same without taking out letters of admin istration Provided that wherever the Trustees of any such Society after the decease of any such member thereof shall have paid and divided any such sum of money to or amongst any person or persons who shall at the time of such payment appear to such	Trustees to be entitled to the effects of any deceased member who
has died intestate without having appointed any nominee as aforesaid
the payment of such sum shall be valid and effectual with respect to any demand from any other person or persons as next of kin of such deceased member or as the lawful representative or representatives of such member against the funds of such Society or against the Trustees thereof but nevertheless such next of kin or representative shall have his or her lawful remedy for such money so paid as aforesaid against the person or persons who shall have received the same.
42. The Trustees of any such Society established under this Act or any of the said repealed Acts from time to time with the consent of the committee of management of such Society or of a majority of the members of such Society present at a general or special meeting thereof or in accordance with the rules of such Society may deposit the funds of such Society in any Government Savings' Bank or invest such funds or any part thereof to any amount in any Colonial Government Fund or Debentures or in such other security as the rules of such Society may direct not being the purchase of house or land (save and except

With reference to appointment of Trustees	Section 28.
With reference to minors and list of charges	Sections 29 and 31 .

within the meaning	other Societies within	and Industrial Societies
of Part III .	Part IV.	within Part V.