Industrial Societies Act 1864 (SA)

ANNO VICESIMO SEP'I'I3IO ET VICESIMO OCTAVO

A. D. 1864.

No. 12.

An Act to legalize the f'ormatiou Yf Itulustrial and Prowdent Societies.

[Assented to, 9th December, 1E64.1

E it Enacted, by the Governor-inr-Chief of tlic Province of South

B Australia, with the advice and consent of t h e Legislative	Council and House of Asscmbly of the said Province, in this present
l'arliameat usserrlblecl, as follows:

1. Any number of persons, not being less than seven, may cstab- r f

lish a society under this Act, for the purpose of carrying on any labor, trade, or hanclicraft, whether wholesale, or retail, except the business of banking,: ~ m l of applying thc profits for any purposes allowed by the Friendly Societies Acts, or otherwise permitted by law.

be

2. The rules of every such society shall contain provisions in R ~ J.

respect of the several matters mentioned in the Schedule annexed to

this Act.

3, The Governor in Council may from time to time appoint a Appointment of

rcgistrnr for the registration of socictics unclcr this ,4ct7 and remove

Registrar.

him at pleasure, and until such appointment shall be made, thc

3lastcr of t,hr Supreme Court shall be such registrar.

the time being, and shall be dealt with by him in the manner provided society. 4. Tvo copies of the rules shall be forwarded to the registrar for Registration of

by the G Friendly Societies Act, 1852," and he shall thereupon give vC/ 4

his certificatc of registration, and such certificate &all, in all cam, (SS q, S- 6

the-;lame therein described,,havhg a perpetual succc&on-and a

. c P v, 3 " ) ..$ h +

'a, t

.	dommon seal, with power to hold land and buildings, with limited
liability. 7-

Copy of rulee t o be

delivered to persons 5. A copy of the rules shall be delivered by the society to every

on demand.	person on demand, on payment of a sum not exceeding One shilling.
No society to be

registered under same 6. No society shall be registered under a name identical with that

name as any eAting by which any other existing society has been registered, or so near society. resembling such name as to be likely to deceive the members or the

public, and the word " limited" shall be the last word in the name of

every society registered under this Act.

Membcrs interest 7. No mernbe~ shall be entitled in any society registered under

limited to S200.	this Act, to hold or claim any interest exceeding thc sum of Two
Hundred Pounds. r-3

Publication of name 8. Every societ~ registered under this Act s h d paint or affix, and

of society. skull 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 con- spicuous position, in letters easily legible, and shall have its name engaven in legible characters a11 its seal, and shall have its name mentioned in legible cl~a~acters in dl notices, advertisements, and other official publications of such society, and in all bills of exchange, promisso;.y notes, endorscmentr;, chcqucs, anrl o~ders for money or goods purporting to bc signed by or on behalf of such compmy, 2nd in all bills of parcels, invoices, receipts and letters of credit of the society.

Penaltics on non.	9	If any socicty	under this ,let, does not paint or affix,
publication of name,

&C.	and keep iiainted or affixed, its name in mannrr directed by this .4ct,
it shall be liable to a penalty not exceeding Five Pounds, for not so painting or affixing its namc, and for cvery itay during which such name is not so kept painted or affixed; and if any officer of' such
society or any person on its bchnlf, uses any scd purpc;r.ting to be a. seal of the society whereon its name is not so cagrnven as aforesaid, or issuc, or authorize the insue nf m y i-icttice, advertisement, or other official publication of such society, or signs, or authorizes to be signed on be ld f of sucll scciety, any bill of exchange, promissory note, cndorsement, cheque, order for money or goods, or issues, or authorizes to be issued, any bill of paxcels, invoice, receipt, or letter of credit of the society, wherein its name is not incntiol~ed in manner aforesaid, he shall bc liable to a penalty of Fifty Pounds, zliid shall further be liable to the holders of any such bill of exchange, promissory note, cheque, or order fm money or goods for the amount thereof, unless the same is duly paid by the society.

mci@to'ha* 10. Every society registered under this Act shall have a registered

* a regqtered offiee

office to which d communications and notices may be addressed; if

-Gmals o n ~ m t - 1

oo npliance, any

27" 228" VICTORIX, No. 12.

Industrial and Provident f3ocietit)s Act-1864.

any society registered under this Act, carries on business without' having such an office it shall incur a penalty not exceeding Five Founds for every day during which business is so carried on.

l l. Notice of the situation of such registered office and of any Notice of ~ituation of

registered office.

change therein, shall be given to the registrar and recorded by him; until such iioticc is givcn the society shall not be deemed to have complied with the provisions of this Act.

12. The rules in forre for the time being of every society registered -effect

under this Act, shall bind the society and the mcmbcrs thereof, to of rulcs.	1
the same extent as if each member had subscribed his name and

affixed his seal thereto, and there were in such rules contained a	.
covenant on the part of himself, his heirs, executors, and administra-

. .:.. i * i. ,.. 21

tors, to conform to such r d ~ s subject to the provisions of this Act; ?

and all moneys payable by any member to the society in pursuance *& $,	,j	4
of such rules shall be deemed to be a debt dne from such member to the society.

13. The laws for the time being in force in the said Province relating to Friendly Societies shall apply to societies registered undcr A,,	to *h Act,
this Act, in tlic following particulars :-'

I. Reception of rules in evidence:

rr. Settlement of disputes by arbitration or Justices of the Pewe:

III. Jurisdiction of Courts in cases of dispute:

~ v. Power of Justices of the Peace or Local Courts, in cases of

fraud.

14. The provisions of thc Act to regulate Friendly Societies, Power to member to ,

whereby a mcmbcr of any society rcgister&d thereunder is allowed ~	~	~	~	~	~	~	~	;	~	~	;
to nominate any persons to whom his investment in such society sI1a11 be transi;rrec~. at

his death.

should bc paid, shall cxtencl iil thc casc of socictics rcgistcrccl undcr	i
this Act to allow m y ~ricmber thereof to nominate my persons into
whose riamc his share in such socicly at his decease shall be trans-	ferred; and such transfer s h l l be inark notwithstanding such share
shall not be transf~rable in other cascs: Provided, nevertheless, that any such society may in lieu of making such transfer elect to pay to any persons so nominated the fill1 value of such share.

15. Any society registered under this Act may be wound up,, ,, ,i,,in,,

either by the Court or voluntarily, in the same manner and under s

the s m c circumstances undcr nild in which any company may

wound up under anv Acts or Act for the time being in force

winding up compnni&, and all thc provisions of such Acts or

with respect to winding up shall apply to such socicty, with this

exception, that the Court having jurisdiction in the winding up S

bc the Local Court of the district in which the office of the society is -

situated. A- -&+,+*d;##'i

16. In case of the dissolution of any such society, such society Dimolution of soc ic t~ not to prevent wind-

ahd, M up of it. a-.

27" & 28" VICTORIB, No. 12.

Industrial and Provident Societies Act.--1864.

-shall nevertheless be considered as subsisting and be in all respects

subject to thc 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 thercof, and that it may be sued and sue undcr the pro&ions of this Act in respect of all matters relating to such society,

Proviaiom of Com-

panies Acta to apply 17, The provisions of any Act for regulating Joint Stock Corn-

m certain cases, panics as to bills of exchange, and the admissibility of the register

-

of dares in evidence shall apply to all societies registered undcr

this Act.

Liability of present

and past members of 18. In the event of a society registered under this Act bcing wound up, every present and past member of such society shall be liable to contribute to the assets of the society to an amount suffi- Eient 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 rcquired for the adjustment of the rights of the contributories amongst tl~ernselves with the qualifica- tions following, (that is to say)-

I. No past member shall be liable to contribute to the assets of the society if he has ceased to be a membe:. for a period of one year or upwards prior to the conimmcernent of the winding up:

11. No past member shall be liable 'to contribute in respcct of any debt or liability of the society contracted after the time at which he ceased to be a mcmber:

111. No past member shall bc liable to contribute to the assets of the society, unless it appears to the Court that the existing members are unable to sat,isfy the contributions required to be made by them, in order to satisfy all just demands upon such society:

IT. No contribution shall be required from any member exceed-

ing the amount (if any) myaid on the shares in respect of

which b-e is liable as a past or present mcmbcr.

#P

Society may be con- 19. Any society registered under this Act may bc constitnted a

stituted under Com-

*

panics Acts, company under the Companies Acts, by conforming to the provisions set forth in such Acts, and thereupon shall cease to retain its regis- tration under this Act.

20. Every p w n or member having in the funds of

dny socicty registered under this Act, may inspect the books, and the names of the mcmbers, at all reasonable hours, at the office of the society.

p Annual return8 to Be 1 prepared as registrar *Q1 may direct L g H k

in every year, and 8haU exhibit fully the assets and liabilities of the

af .X

kc

society,

$ 8 ~ ' I

27" & 28" VICTORIE, No. 12.

lizdustrial and Provident Societies Act.-1864.

society, and shall be prepared and made out within such period and in snch form, and shall comprise such particulars as the registrar shall from time to time require; and the registrar shall have au- thority to require such evidence as he may think expedient of all matt& required to be done, and of all documents required to be transmitted to him under this Act; and any member of,- or any de-

*, any such society s l d l be entitled to receive, on applieatlon - &2,u

to the treasurer or secretary of that socicty s copy of such statement, without making any p y m & t for the same; add if any society sh& make default in transmitting such return as aforesaid. the officer

making such dcfault shall '6e liable to a penalty ndt exceeding Penalty on asfault,

Twenty Shillings.

22. All ~enalties imposed by this Act, or by tho rules of any Reao.reryof penalties,

society registered undcx this Act, may be recovered in a summary way before two Justices of the Peace, as directed by Ordinance No. 6 of 1850, " To facilitate thc performance of the duties of Justices of the Peace out of Sessions, with respect to summary convictions and

* orders."

23. This Act may be cited as " The Industrial and Provident short tide,

Societies Act, 1864."

In the name and on behalf of the Quecn I hereby assent t o

this Act.

- D. DALY, Governor.

SCHEDULE

27" & 28" VICTORIA",, No. 12.

~ndustriil and Pmrovident Societies Act.-1 86 4.

SCI-IEDULE OF MATTERS TO BE PROVIDED FOR IN

THE RULES.

1. Object and name, and place of officc of the Society, which must in all- cases+

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. Determination whether the shares s l~a l l be transFerable; and in case i t shall be

deterxinrd that the shares shall bc transferable, provision for the form of transfer and registration of shares, and for the consent of the Committee of Management and confirnlation 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 withdr6wing f r o a the Society.

6. Provision for the audit of accnunts.

6. Determination whether any part of the capital may be invested in or on the security of another Society, or in the Savings Rank; provided that no such investment be made in any other Society not registered under this Act, or the Companies Act, as a society or company with limited liability.

7. Determination whether and how members may withdraw from the Society, and

provisions for the claims of executors, administmtora, or assigns of members.

8. Mode of application of profits;

9. Appointment of Managers and other officers, and theIr respective powers and

remuneration.

Adelaide : ~rintod by auihority, by W. C. Cox, Government Printer, Victoria-epuare.