| of 1 8 5 3 " and all Societies duly cons t i tu ted under t he subsequen t provisions of th i s A c t shall be ent i t led to obtain a certificate of approval unde r th i s A c t in t he form set forth in Schedule A of th i s A c t on appl icat ion to the A t t o r n e y General or o ther officer appoin ted by the | Governor |
No. VIII.
An Act to establish Industrial and Provident
| Societies. | [21st June, 1865.] |
| WH E R E A S i t is expedient to encourage Societies the members whereof voluntar i ly un i t e to car ry on | a n d exercise in common any labour t r ade or handicraf t or several |
| labours t rades or handicraf ts except t he business of bank ing Be i t therefore enacted by t h e Queen ' s Mos t Excel len t Majesty by and wi th t h e advice and consent of t he Legislat ive Council and Legislat ive Assembly of N e w Sou th Wales in Pa r l i amen t assembled and by t h e au thor i ty of t h e same as follows :— |
| 1. Al l | Societies regis tered | u n d e r t he " Fr iendly Societies Ac t |
Governor to certify u n d e r t h e seventh section of t he F r i end ly Societies A c t of 1853 and for which certificate no fee shall he payable to any one.
| 2. A n y n u m b e r of persons | no t be ing less t h a n | seven | may |
establish a Society u n d e r th i s A c t for t he purpose of ca r ry ing on any labour t r ade or handicraft whe the r wholesale or re ta i l except the business of b a n k i n g and of apply ing t h e profits for any purposes
| allowed by t h e F r i e n d l y Societies Ac t or otherwise permi t ted by | law. |
3 . The ru les of every such Society shall contain provisions in
respect of the several ma t t e r s ment ioned in Schedule B annexed to
4 Two copies of t h e ru les when certified as above ment ioned shall be forwarded to t h e Clerk of t he Peace for t h e distr ict where the business of the Society is proposed to be carr ied on a n d shall be dealt wi th by h im in t h e m a n n e r provided by t h e F r i end ly Societies A c t of 1853 and he shall t he r eupon give his certificate of regis t ra t ion and such certificate shall in all cases be conclusive evidence t h a t t he Society has been duly registered and the reupon the member s of such Society shall become a body corporate b y the n a m e there in described hav ing pe rpe tua l succession and a common seal w i th power to hold lands
| and bui ldings wi th l imited liabili ty as hereinafter | ment ioned . |
5. The certificate of regis t ra t ion shall vest in t he Society all
| t h e p rope r ty t h a t m a y a t t h e t ime be vested in any person in t r u s t | for |
t h e Society and all legal proceedings t h e n pend ing by or aga ins t any such t rus tee or o ther officer on account of t he Society m a y be pro secuted by or against the Society in i ts registered n a m e wi thou t aba tement .
6. A copy of ru les shall be delivered by the Society to every person on demand on paymen t of a s u m no t exceeding one shi l l ing.
| 7. N o Society shall be registered u n d e r a n a m e | ident ical | w i th |
t h a t by which any other exis t ing Society has been regis tered or so near ly resembl ing such name as to be l ikely to deceive t h e member s
| or t he publ ic a n d the word | " L imi t ed " | shall be t he last word in t h e |
| n a m e of every Society regis tered unde r th i s | Act . |
8. N o member shall be ent i t led in any Society regis tered u n d e r
th i s A c t to hold or claim any in teres t exceeding t h e sum of two
| 9. Eve ry Society regis tered unde r th i s A c t shall pa in t | or | affix |
and shall keep pa in ted or affixed its n a m e on the outside of every
office or place in which the business of the Society is carr ied on in a
conspicuous posit ion in le t te rs easily legible and shall have its n a m e
engraven in legible charac ters on i ts seal a n d shall have i ts n a m e men t ioned in legible charac ters in all not ices adver t i sements and other official publ icat ions of such Society and in all bills of exchange promissory notes indorsements cheques and orders for money or goods p u r p o r t i n g to be signed by or on behalf of such company and in all bills of parcels invoices receipts and le t ters of credi t of t h e Society.
| 10. I f any Society u n d e r th i s Ac t does no t pa in t | or affix | and |
keep pa in ted or affixed i ts n a m e in m a n n e r directed by th i s A c t it shall be liable to a pena l ty no t exceeding five pounds for not so pa in t i ng or affixing its n a m e and for every day dur ing which such n a m e is n o t so k e p t pa in ted or affixed and if any officer of such Society or any person on its behalf uses any seal pu rpo r t i ng to be a seal of t he Society whereon its n a m e is no t so engraven as aforesaid or issues or au thor izes the issue of any not ice adver t i sement or other official publ ica t ion of such Society or signs or author izes 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 le t te r of credit of t he Society where in i ts
n a m e
n a m e is not men t ioned in m a n n e r aforesaid he shall be liable to a pena l ty of fifty pounds and shall fur ther be personal ly l iable to t h e holder of any such bil l of exchange promissory note cheque or order for money or goods for t h e a m o u n t thereof unless t h e same is duly paid by t h e Society.
| 1 1 . | Eve ry Society u n d e r | th i s A c t shall have a registered | office |
| to which all communica t ions and notices m a y be addressed | I f | a n y |
Society regis tered u n d e r th i s A c t carries on business w i t h o u t h a v i n g such an office it shal l i n c u r a pena l ty not exceeding five pounds for every day du r ing which business is so carr ied on.
12. Not ice of t h e s i tua t ion of such regis tered office and of a n y
change the re in shall be given to t he Clerk of t he Peace aforesaid and recorded by h i m and u n t i l such not ice is given t h e Society shall no t
| be deemed to | have complied wi th t h e provisions of th i s Ac t . |
13 . The rules of every Society registered u n d e r th i s A c t shal l b ind t h e Society and t h e member s thereof to t h e same ex ten t as if each m e m b e r h a d subscribed his n a m e and affixed his seal t he re to and as if t h e r e were in such ru les conta ined a covenant on t h e pa r t of himself h i s he i rs executors a n d adminis t ra tors to conform to such ru les subject to t h e provision of th i s Ac t and all moneys payable by any member to t h e Society in pu r suance of such rules shall be deemed to be a debt due from such m e m b e r to t he Society.
14. The provision of t h e Fr iendly Societies Act shall apply to
| Societies regis tered | unde r | th i s A c t | in t h e | following | pa r t i cu l a r s— |
| Se t t l ement | of | disputes | by | a rb i t ra t ion | or | Jus t i ces . |
| Compensat ion to member s un jus t ly | expelled. |
| Power of Jus t i ces in case of fraud. |
| Ju r i sd ic t ion | of | t h e | Clerk of | t h e | Peace . |
15 . The provisions of t h e Fr iendly Societies A c t of 1853 whereby t h e executors of officers a re directed to pay moneys due to such Societies before o ther debts and for t he p a y m e n t of moneys due to deceased m e m b e r s of such Societies shal l ex tend in t h e case of Societies regis tered u n d e r th i s A c t to t h e executors of officers of t h e
| las t -ment ioned Societies and to deceased m e m b e r s of | such Societies. |
| 16. A n y Society regis tered | u n d e r | th i s A c t | m a y be | wound | u p |
| e i ther by t h e Supreme Cour t t h e Chief Commissioner of | Inso lven t |
Es t a t e s or voluntar i ly in t h e same m a n n e r and u n d e r t h e same c i rcum stances unde r a n d in which any company m a y be wound u p unde r a n y A c t or law for t h e t ime be ing in force for wind ing u p Companies a n d
al l t h e provisions of such A c t or law wi th respect to wind ing u p shall
apply to all Societies regis tered unde r th i s Ac t .
17 . I n case of t h e dissolution of any such Society such Society shal l never the less be considered as subsis t ing and be in all respects subject t o t h e provisions of th i s A c t so long and so far as any m a t t e r s r e l a t ing to t h e same r ema in unse t t l ed to t h e in t en t t h a t such Society m a y do all t h ings necessary to t h e wind ing u p of t h e concerns thereof a n d t h a t i t may be sued and sue unde r t h e provisions of th i s A c t in
| respect of all m a t t e r s r e la t ing to such | Society. |
| 18 . I n t h e even t of a Society regis tered | unde r | th i s Ac t | be ing |
w o u n d u p every presen t and pas t member of such Society shall be l iable to cont r ibu te to t h e assets of t h e Society to an a m o u n t sufficient
| for p a y m e n t of t h e debts and liabilities of t he Society and | the | costs |
| charges and expenses of t h e wind ing u p a n d for | t he p a y m e n t of such |
| sums as m a y be requi red for t h e ad jus tment | of t he r igh t s of t h e |
| con t r ibu to r s amongs t | themselves wi th | t h e | qualifications | following |
| ( t ha t | is | s ay )— |
| (1.) N o pas t member shall be liable to cont r ibute to t h e | assets | |
of t he Society if he has ceased to be a member for a period of one year or upwards pr ior to t h e commencemen t of t h e
| (2.) N o pas t m e m b e r shall be l iable in respect to any debt | or |
| l iabil i ty of t he | Society cont rac ted after t h e t ime a t | which |
he ceased to be a member .
(3.) N o past member shall be liable to con t r ibu te to t h e assets
| of t he Society unless i t appears to t h e Cour t t h a t | t he |
| exis t ing m e m b e r s | are unab le | to | satisfy | t h e | cont r ibu t ions |
| r equ i red to be m a d e by t h e m | in order | to | satisfy | all j u s t |
| demands u p o n such Society. |
| (1.) N o cont r ibu t ion | shall be | requi red from | any | m e m b e r |
| exceeding t h e a m o u n t | (if any) unpa id on t h e shares in res |
pect of which h e is l iable as a past or present member .
19. E v e r y person or m e m b e r hav ing an in teres t in t h e funds of
any Society regis tered u n d e r th i s A c t m a y inspect t he books and the n a m e s of t he members a t all reasonable hour s at t h e office of t h e Society.
20. A general s t a t emen t of t he funds and effects of any Society regis tered unde r th i s A c t shal l bo t r ansmi t t ed to t h e Clerk of the Peace aforesaid once in every year and shall exhibi t fully t h e assets and l iabil i t ies of t h e Society and shall be prepared and m a d e out wi th in such period a n d in such form and shall comprise such par t i cu la rs as t h e A t t o r n e y General or o ther officer as aforesaid shall from t ime to
| t ime requ i re and the A t t o r n e y | Genera l | or | o ther | officer | as | aforesaid |
| shall have au thor i ty to requ i re such evidence as he | m a y t h i n k |
| expedient of all m a t t e r s requi red to be done a n d of all | documen t s |
requi red to be t r ansmi t t ed to h i m u n d e r th i s A c t and every member of or any depositor in any such Society shal l be ent i t led to receive on appl ica t ion to t h e Treasure r or Secretary of t ha t Society a copy of
| such | s t a t emen t | w i thou t | m a k i n g | any | p a y m e n t | for | t h e | same. |
2 1 . Al l penal t ies imposed by th is A c t or by t h e rules of any
| Society regis tered u n d e r | th i s | Ac t | m a y | be | recovered | in | a | s u m m a r y |
| m a n n e r | before | two | Jus t i ces . |
| 22. | This A c t m a y be cited | as | t h e | " I n d u s t r i a l | and | Prov iden t |
| Societies | Ac t | 1 8 6 5 . " |
| Form of Attorney | General's | or other officer's Certificate | to Rules of Society registered | wider |
| I | h e r e b y | ce r t i f y | t h a t | t h e s e R u l e s (or | a l t e r a t i o n s | of | R u l e s as | the | case | may | be) | a r c | in |
| c o n f o r m i t y | t o L a w | a n d | to t h e | p r o v i s i o n s | of | t h e | A c t | i n | force | r e l a t i n g | t o | I n d u s t r i a l | a n d |
| P r o v i d e n t | Soc i e t i e s . |
( S i g n e d )
| D a t e d | t h i s | d a y | of | 1 8 |
| Matters | to he provided | for | in the | Rules. |
| 1 . — O b j e c t | a n d | n a m e | a n d | p l a c e | of office | of t h e | S o c i e t y | w h i c h | m u s t | i n | a l l | cases | b e |
| r e g i s t e r e d | as | one | of | l i m i t e d | l i a b i l i t y . |
| 2 . — T e r m s | of | a d m i s s i o n | of | m e m b e r s . |
| 3 . — M o d e | of | h o l d i n g | m e e t i n g s | a n d | r i g h t | of | v o t i n g | a n d | of | m a k i n g | or | a l t e r i n g | r u l e s . |
| 4 . — D e t e r m i n a t i o n | w h e t h e r | t h e | s h a r e s | s h a l l | b e | t r a n s f e r a b l e | P r o v i s i o n | for | t h e | fo rm |
| of | t r a n s f e r | a n d | r e g i s t r a t i o n | of | s h a r e s | a n d | for | t h e | c o n s e n t | of | C o m m i t t e e | of | M a n a g e m e n t | a n d |
| c o n f i r m a t i o n | b y | t h e | G e n e r a l | M e e t i n g | of | t h e | S o c i e t y | a n d | i n | case | s h a r e s | s h a l l | n o t | b e | t r a n s |
| f e r a b l e | p r o v i s i o n | for | p a y i n g | t o | m e m b e r s | b a l a n c e | d u e | t o | t h e m | on | w i t h d r a w i n g | f r o m | t h e |
| S o c i e t y . |
| 5 . — P r o v i s i o n | for | t h e | a u d i t | of | a c c o u n t s . |
| 6 . — P o w e r | t o | i n v e s t | p a r t | of | c a p i t a l | i n | a n o t h e r | S o c i e t y | P r o v i d e d | t h a t | n o | s u c h |
| i n v e s t m e n t | b e | m a d e | i n | a n y | o t h e r | S o c i e t y | n o t | r e g i s t e r e d | u n d e r | t h i s | A c t . |
| 7 . — P o w e r | a n d | m o d e | of | w i t h d r a w i n g | f rom | t h e | S o c i e t y | a n d | p r o v i s i o n s | for | t h e | c l a i m s |
| of | e x e c u t o r s | a d m i n i s t r a t o r s | o r | a s s i g n s | of | m e m b e r s . |
| 8 . — M o d e | of | a p p l i c a t i o n | of | prof i t s . |
| 9 . — A p p o i n t m e n t | of | M a n a g e r s | a n d | o t h e r | officers | a n d | t h e i r | r e s p e c t i v e | p o w e r s | a n d |
r e m u n e r a t i o n .