No. IV.
A n Act to consolidate a n d a m e n d t h e L a w r e l a t i n g to Friendly a n d other M u t u a l Benefit Societies. [28th November, 1873.]
E it e n a c t e d by t h e Q u e e n ' s M o s t E x c e l l e n t Majesty b y a n d w i t h t h e advice a n d consent of t h e Legislative Council a n d Legislative A s s e m b l y of New S o u t h W a l e s in P a r l i a m e n t assembled a n d by t h e a u t h o r i t y of t h e same as follows :-- 1. This A c t shall come i n t o operation on t h e t h i r t i e t h day after t h e notification in t h e Gazette of t h e a p p o i n t m e n t of a R e g i s t r a r as hereinafter provided I t m a y be cited as t h e " Friendly Societies A c t of 1873 " a n d is divided i n t o t h e following p a r t s viz. :-- PART I.--Preliminary. 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. PART III.--Friendly Societies. P A R T IV.-- Benefit Building Loan and Investment Societies. P A R T V . -- Co-operative Trading and Industrial Societies. P A R T VI.--Miscellaneous Provisions. 2.

B

2. T h e A c t s m e n t i o n e d i n t h e F i r s t Schedule hereto to t h e e x t e n t t h e r e i n expressed shall he a n d t h e same are h e r e b y repealed b u t s u c h repeal shall be subject to t h e following provisoes exceptions a n d qualifications-- (1.) A l l offences c o m m i t t e d a n d penalties or liabilities i n c u r r e d u n d e r a n y of t h e said repealed A c t s before t h e c o m m e n c e m e n t of this A c t shall be prosecuted a n d enforced u n d e r t h e provisions of t h e said repealed A c t s respectively as if t h i s A c t h a d n o t b e e n passed Provided t h a t a n y offence u n d e r t h e t w e n t y - t h i r d section of t h e A c t seventeenth Victoria n u m b e r twenty-six c o m m i t t e d w i t h i n five years before t h e c o m m e n c e  m e n t of this A c t m a y be prosecuted u n d e r t h e t h i r t e e n t h section of this A c t i n every respect a n d for all purposes as if t h e said offence h a d been c o m m i t t e d t h e r e u n d e r . (2.) A l l bonds or securities given or proceedings t a k e n all registrations certificates rules a n d alterations of rules com pleted all c o n t r a c t s e n g a g e m e n t s a n d a p p o i n t m e n t s m a d e all receipts given a n d all r i g h t s a n d e x e m p t i o n s conferred c o n t i n u e d or preserved u n d e r a n y of t h e said repealed A c t s before t h e c o m m e n c e m e n t of t h i s A c t shall c o n t i n u e a n d be as valid a n d have t h e same force a n d effect except as herein after e x c e p t e d as if t h i s A c t h a d n o t been passed. (3.) E v e r y existing Society established before t h e c o m m e n c e m e n t of this A c t u n d e r a n y of t h e said repealed A c t s shall h e d e e m e d to h a v e been established a n d registered u n d e r t h e provisions of this A c t a n d shall possess a n d be subject t o all t h e e x e m p t i o n s privileges a n d provisions of t h i s A c t applicable to Societies of t h e like class or c h a r a c t e r to t h e same e x t e n t as if such Society a n d t h e rules thereof h a d been registered u n d e r this A c t . (4.) I n case t h e rules of a n y s u c h Society shall n o t h a v e been certified in accordance w i t h t h e provisions of a n y of t h e said repealed A c t s before t h e c o m m e n c e m e n t of t h i s A c t t h e s a m e shall w i t h i n six m o n t h s thereafter be certified a n d registered u n d e r t h e provisions of t h i s A c t . (5.) N o Society established u n d e r t h e provisions of a n y of t h e said repealed A c t s r e l a t i n g t o F r i e n d l y or Benefit B u i l d i n g Societies a n d whose rules shall h a v e received a certificate of approval u n d e r t h e provisions i n t h a t behalf contained in t h e " I n d u s t r i a l a n d P r o v i d e n t Societies A c t 1 8 6 5 " shall by s u c h approval be deemed to h a v e become a body corporate w i t h l i m i t e d liability u n d e r t h e said l a s t - m e n t i o n e d A c t or to h a v e been b r o u g h t w i t h i n t h e operation thereof a n y t h i n g in t h e said A c t to t h e c o n t r a r y n o t w i t h s t a n d i n g Provided always t h a t n o t h i n g herein contained shall e x t e n d to invalidate a n y acts or proceedings done t a k e n or c o m m e n c e d b y t h e c o m m i t t e e of m a n a g e m e n t or by any officer or m e m b e r of a n y s u c h Society a n d p u r p o r t i n g so t o be done t a k e n or c o m m e n c e d u n d e r or by v i r t u e of t h e provisions of t h e said I n d u s t r i a l a n d P r o v i  d e n t Societies A c t a n d n o p e n a l t y or liability whatsoever shall be deemed to h a v e been i n c u r r e d b y a n y such person or officer as aforesaid by reason of a n y such acts or proceedings. 3 . All copies of r u l e s certificates a n d d o c u m e n t s w h i c h are n o w filed or deposited in t h e office a n d u n d e r t h e custody of t h e Clerk of t h e Peace in p u r s u a n c e of t h e provisions of a n y of t h e said repealed A c t s shall be t a k e n off t h e file a n d shall be t r a n s m i t t e d fourteen days before t h e c o m m e n c e m e n t of this A c t t o t h e R e g i s t r a r of F r i e n d l y Societies appointed u n d e r this A c t to be by h i m k e p t in such m a n n e r as shall be directed b y t h e Governor w i t h t h e advice of t h e E x e c u t i v e Council. 4.

4. T h e G o v e r n o r w i t h t h e advice of t h e E x e c u t i v e Council shall a p p o i n t some p u b l i c officer b e i n g a p r o p e r l y qualified person t o be t h e R e g i s t r a r of F r i e n d l y Societies for t h e p u r p o s e of c a r r y i n g o u t t h e provisions of t h i s A c t a n d a n office shall be provided for s u c h R e g i s t r a r w h e r e i n s h a l l be k e p t a n d registered t h e r u l e s a n d d o c u m e n t s h e r e i n  after m e n t i o n e d A n d s u c h R e g i s t r a r m a y d e m a n d a n d t a k e as fees t h e respective s u m s specified i n t h e second Schedule h e r e t o a n d m a y refuse to do a n y act m a t t e r or t h i n g h e r e i n r e q u i r e d a n d for which he is entitled to c h a r g e a fee u n t i l such fee shall h a v e b e e n paid. 5. I n t h e i n t e r p r e t a t i o n of this A c t t h e following words a n d expressions shall h a v e t h e m e a n i n g s h e r e b y assigned t o t h e m unless inconsistent w i t h or r e p u g n a n t to t h e c o n t e x t ( t h a t is to say) :-- " R e g i s t r a r " shall m e a n t h e R e g i s t r a r of Friendly Societies u n d e r this A c t . " S o c i e t y " shall m e a n a n d i n c l u d e every b r a n c h of a Society b y w h a t e v e r n a m e t h e s a m e m a y be designated P r o v i d e d t h a t in t h e c o n s t r u c t i o n of P a r t s I I I I V a n d V t h e said word wheresoever o c c u r r i n g shall be t a k e n to m e a n a n d include only s u c h a Society or b r a n c h thereof as is w i t h i n t h e respective purposes m e n t i o n e d or referred to in such P a r t s . " T r u s t e e s " shall i n c l u d e T r u s t e e . " C o m m i t t e e of m a n a g e m e n t " shall m e a n t h e body of persons a p p o i n t e d to m a n a g e a n d direct t h e affairs of t h e Society by w h a t e v e r 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 a p p o i n t e d by t h e Society to a c t i n t h a t capacity or t h e clerk or person w h o keeps t h e books a n d a c c o u n t s of t h e Society.

PART

II.

FORMATION AND REGISTRATION OP SOCIETIES--PROVISIONS OF GENERAL OR EXTENDED APPLICATION. 6. E v e r y p e r s o n b e i n g a m e m b e r of t h e c o m m i t t e e of m a n a g e  m e n t of a n y Society hereafter t o b e formed for a n y purpose w i t h i n t h e m e a n i n g of this A c t w h o shall t a k e a n y m o n e y in consideration of t h e a l l o t m e n t of shares or a n y i n t e r e s t in s u c h Society u n t i l t h e same shall b e registered u n d e r this A c t shall i n c u r a p e n a l t y for every such offence not exceeding twenty pounds. 7. Two p r i n t e d or w r i t t e n copies of t h e rules of every Society hereafter to be formed for a n y s u c h p u r p o s e as aforesaid signed by t h r e e of t h e i n t e n d e d m e m b e r s a n d t h e secretary or other officer shall w h e r e it is i n t e n d e d t h a t such Society shall b e registered u n d e r this A c t be t r a n s m i t t e d to t h e R e g i s t r a r w h o shall advise w i t h such secretary or officer of such Society if necessary for t h e purpose of ascertaining w h e t h e r t h e said rules are i n c o n f o r m i t y w i t h law a n d a r c calculated to c a r r y into effect t h e i n t e n t i o n s a n d object of t h e persons w h o desire to form such Society a n d if t h e R e g i s t r a r shall find t h a t such r u l e s are in conformity w i t h law a n d w i t h t h e provisions of this A c t h e shall give a certificate in t h e form set forth i n t h e t h i r d Schedule h e r e t o and shall r e t u r n one of t h e said copies to t h e said Society a n d shall k e e p t h e other as provided b y t h e t h i r d s e c t i o n hereof and all rules w h e n so certified as aforesaid shall be b i n d i n g on t h e several m e m b e r s of t h e said Society P r o v i d e d always t h a t it s h a l l n o t be lawful for t h e said R e g i s t r a r to g r a n t a n y such certificate to a Society assuring to a n y m e m b e r thereof a certain

c e r t a i n a n n u i t y or certain s u p e r a n n u a t i o n deferred or i m m e d i a t e or a n y s u m or s u m s payable as e n d o w m e n t or in case of sickness or d e a t h or o t h e r object authorized b y this A c t w h i c h is susceptible of calculation b y w a y of average unless t h e tables of contributions p a y a b l e for s u c h k i n d of assurance shall h a v e been certified u n d e r t h e h a n d of a n a c t u a r y w h o has exercised his profession for a t least five years a n d s u c h certificate shall have been t r a n s m i t t e d to t h e R e g i s t r a r t o g e t h e r w i t h t h e copies of t h e rules aforesaid. 8. After t h e rules of a n y s u c h Society shall h a v e been so certified by t h e R e g i s t r a r as aforesaid it shall b e lawful for such Society b y reso l u t i o n a t a m e e t i n g specially called for t h a t purpose to alter a m e n d or rescind t h e same or a n y of t h e m or to m a k e new rules a n d it shall be lawful for t h e m e m b e r s of a n y Society formed a n d established u n d e r a n y of t h e A c t s h e r e b y repealed t o alter a m e n d or rescind t h e rules b y w h i c h t h e i r Society is governed r e g u l a t e d or m a n a g e d or to m a k e n e w rules P r o v i d e d always t h a t t w o copies of t h e proposed alterations or a m e n d  m e n t s a n d of s u c h n e w rules signed by t h r e e m e m b e r s of s u c h Society a n d such secretary or o t h e r officer shall be t r a n s m i t t e d to t h e R e g i s t r a r to one of w h i c h shall be a t t a c h e d a s t a t u t o r y declaration by t h e secretary or one of such officers t h a t in m a k i n g t h e same t h e rules of s u c h Society r e s p e c t i n g t h e m a k i n g a l t e r i n g a m e n d i n g a n d rescinding rules o r t h e directions of t h e A c t or A c t s u n d e r w h i c h such Society was established h a v e been d u l y complied w i t h a n d if t h e R e g i s t r a r shall find t h a t s u c h a l t e r a t i o n s a m e n d m e n t s or new rules are in conformity with law h e shall give to t h e Society a certificate in t h e form set forth i n t h e said t h i r d Schedule a n d r e t u r n one of t h e copies to t h e Society a n d s h a l l keep t h e o t h e r w i t h t h e rules of such Society i n his custody a n d as against s u c h m e m b e r or person s u c h certificate shall b e conclusive of t h e validity of a n y such rule a n d all rules alterations a n d a m e n d  m e n t s w h e n so certified as aforesaid shall be b i n d i n g on t h e several m e m b e r s of t h e said Society a n d all persons claiming on a c c o u n t of a m e m b e r or u n d e r t h e said rules b u t unless a n d u n t i l t h e same s h a l l be so certified such rules alterations a n d a m e n d m e n t s shall have no force or validity whatsoever. 9. W h e n e v e r a n y Society established u n d e r this A c t or u n d e r a n y of t h e A c t s h e r e b y repealed shall c h a n g e its place of business notice of such c h a n g e u n d e r t h e h a n d s of two of t h e Trustees or t h r e e m e m b e r s a n d t h e secretary or o t h e r officer of such Society shall w i t h i n fourteen days thereafter be sent to t h e R e g i s t r a r . 10. I f a n y person shall give t o a n y m e m b e r of a Society estab lished u n d e r this A c t or a n y of t h e said repealed A c t s or to a n y person i n t e n d i n g or a p p l y i n g to b e c o m e a m e m b e r of such Society a copy of a n y rules or of a n y alterations or a m e n d m e n t s of t h e same o t h e r t h a n those: respectively w h i c h h a v e been enrolled w i t h t h e Clerk of t h e P e a c e for t h e t i m e b e i n g or certified b y t h e R e g i s t r a r w i t h a copy of his certificate appended t h e r e t o u n d e r colour t h a t t h e same are b i n d i n g u p o n t h e m e m b e r s of s u c h Society or shall m a k e a n y alteration in or addition to a n y of t h e rules or tables of such Society after t h e y shall have been enrolled or certified b y t h e R e g i s t r a r a n d shall circulate t h e same p u r p o r t i n g t h a t t h e y h a v e been d u l y enrolled or certified u n d e r this or a n y of t h e s a i d repealed A c t s w h e n t h e y h a v e n o t been so d u l y enrolled o r certified every person so offending shall be deemed guilty of a misdemeanor. 1 1 . A l l t h e r u l e s a n d tables of a n y Society established u n d e r this A c t or of a n y of t h e hereby r e p e a l e d A c t s a n d all alterations a n d a m e n d m e n t s thereof a n d all c o p i e s thereof or e x t r a c t s therefrom a n d all writings a n d d o c u m e n t s r e l a t i n g to a n y s u c h Society and p u r p o r t i n g
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

t h e c o n t r a r y b e r e c e i v e d i n a l l Courts of law a n d E q u i t y a n d e l s e w h e r e w i t h o u t proof of t h e s i g n a t u r e t h e r e t o . 12.

12. T h e provisions of a n A c t passed i n t h e t h i r t y - n i n t h year of t h e r e i g n of K i n g G e o r g e t h e T h i r d i n t i t u l e d " An Act for the more
" effectual suppression of Societies established " able purposes and for better preventing for seditious and treasonable and, treasonseditious

" practices" a n d also of a n o t h e r A c t passed i n t h e fifty-seventh year of K i n g George t h e T h i r d i n t i t u l e d " An Act for the more effectually preventing seditions meetings and assemblies" shall n o t e x t e n d to a n y Society or b r a n c h established u n d e r this A c t i n w h i c h benefits a r e a s s u r e d to t h e m e m b e r s d e p e n d i n g on t h e laws of sickness a n d m o r t a l i t y or to a n y m e e t i n g of t h e m e m b e r s or officers thereof i n w h i c h Society or b r a n c h or a t w h i c h m e e t i n g no business w h a t e v e r is t r a n s a c t e d o t h e r t h a n t h a t w h i c h directly a n d i m m e d i a t e l y relates to t h e objects of t h e Society or b r a n c h as declared i n t h e rules thereof as t h e y a r e set forth in t h e certified copy thereof P r o v i d e d always t h a t t h e T r u s t e e s or o t h e r officers of such Society or b r a n c h w h e n r e q u i r e d u n d e r t h e h a n d of two J u s t i c e s of t h e P e a c e shall give full i n f o r m a t i o n to such J u s t i c e s of t h e n a t u r e objects proceedings a n d practices of s u c h Society or b r a n c h a n d i n default thereof t h e provisions of t h e said recited A c t s shall be i n force w i t h r e g a r d to s u c h Society or branch. 1 3 . I f a n y officer m e m b e r or o t h e r person b e i n g or r e p r e s e n t i n g himself to be a m e m b e r of a n y such Society as aforesaid or t h e n o m i n e e e x e c u t o r a d m i n i s t r a t o r or assignee of a m e m b e r thereof or a n y person w h a t e v e r b y false r e p r e s e n t a t i o n or imposition shall obtain possession of a n y m o n e y s securities books p a p e r s or o t h e r effects of such Society or h a v i n g t h e s a m e in his possession shall w i t h h o l d or m i s a p p l y t h e s a m e or shall wilfully a p p l y a n y p a r t of t h e same to purposes o t h e r t h a n those expressed or directed i n t h e rules of such Society or a n y p a r t thereof it shall be lawful for a n y J u s t i c e of t h e P e a c e u p o n c o m  p l a i n t b e i n g m a d e by a n y person on behalf of such Society to s u m m o n t h e person a g a i n s t w h o m s u c h c o m p l a i n t is m a d e to a p p e a r at a t i m e a n d place to be n a m e d i n such s u m m o n s a n d a n y t w o J u s t i c e s p r e s e n t at t h e t i m e a n d p l a c e m e n t i o n e d i n such s u m m o n s shall proceed to h e a r a n d d e t e r m i n e t h e said c o m p l a i n t in m a n n e r directed by t h e A c t or A c t s in force for t h e t i m e b e i n g r e g u l a t i n g s u m m a r y proceedings before J u s t i c e s a n d if t h e said J u s t i c e s shall d e t e r m i n e t h e said com p l a i n t to be proved a g a i n s t s u c h person t h e y shall adjudge a n d order h i m to deliver u p all such m o n e y s securities books p a p e r s or other effects to t h e Society or to r e p a y t h e a m o u n t of m o n e y applied i m p r o p e r l y a n d t o p a y if t h e y t h i n k fit a further s u m of m o n e y n o t exceeding fifty p o u n d s t o g e t h e r w i t h costs a n d in default of such delivery of effects or r e p a y m e n t of such a m o u n t of m o n e y or p a y m e n t of such p e n a l t y a n d costs aforesaid t h e said J u s t i c e s m a y order t h e said person so convicted to be imprisoned w i t h or w i t h o u t h a r d l a b o u r for a n y t i m e n o t e x c e e d i n g t h r e e m o n t h s Provided that nothing h e r e i n c o n t a i n e d shall p r e v e n t t h e said Society from proceeding by i n d i c t m e n t against a n y s u c h offender Provided also t h a t n o person shall be proceeded a g a i n s t by i n d i c t m e n t if a conviction shall h a v e b e e n previously obtained for t h e same offence u n d e r t h e provisions of this A c t . 14. E v e r y d i s p u t e between a n y m e m b e r of a n y Society established u n d e r t h i s A c t or a n y of t h e A c t s h e r e b y repealed or any person c l a i m i n g t h r o u g h or u n d e r s u c h m e m b e r a n d t h e T r u s t e e s t r e a s u r e r or other officer or c o m m i t t e e of m a n a g e m e n t thereof shall be decided in m a n n e r directed b y t h e rules of such Society a n d t h e decision so m a d e shall be b i n d i n g a n d conclusive on all parties w i t h o u t appeal Provided t h a t where t h e rules of a n y Society established u n d e r t h e said A c t or a n y of t h e A c t s h e r e b y repealed shall direct disputes to be referred to J u s t i c e s t h e n it shall be lawful for any

a n y J u s t i c e of t h e P e a c e u p o n c o m p l a i n t m a d e b y a n y m e m b e r his executors a d m i n i s t r a t o r s n o m i n e e or assigns or b y a n y person c l a i m i n g u n d e r t h e rules of t h e Society of a n y m a t t e r of d i s p u t e b e t w e e n h i m or t h e m a n d t h e Society to s u m m o n t h e p e r s o n a g a i n s t w h o m t h e c o m p l a i n t is m a d e to a p p e a r a t a t i m e a n d place to be n a m e d i n s u c h s u m m o n s a n d a n y t w o J u s t i c e s p r e s e n t a t t h e t i m e a n d place m e n t i o n e d in s u c h s u m m o n s shall proceed to h e a r a n d d e t e r m i n e s u c h c o m p l a i n t i n m a n n e r provided b y t h e A c t or A c t s in force for t h e t i m e b e i n g r e g u l a t i n g s u m m a r y proceedings before J u s t i c e s a n d s u c h J u s t i c e s m a y m a k e s u c h order t h e r e u p o n e i t h e r for t h e p a y m e n t of m o n e y or o t h e r  wise t o g e t h e r w i t h costs as t h e y shall t h i n k fit a n d w h e r e t h e order m a d e shall b e for t h e d o i n g of some a c t o t h e r t h a n t h e p a y m e n t of m o n e y t h e said J u s t i c e s m a y order t h e p a y m e n t of a s u m of m o n e y i n default of t h e doing of such act a n d a n y m o n e y w h i c h shall b e paid b y a n y officer of t h e Society so levied on his p r o p e r t y u n d e r a n y order or w a r r a n t of t h e J u s t i c e s shall be repaid w i t h all d a m a g e s a c c r u i n g t o h i m b y t h e Society. 1 5 . I n all Societies established u n d e r t h i s A c t or a n y of t h e said repealed A c t s all applications for t h e r e m o v a l of T r u s t e e s or for a n y o t h e r relief order or direction or for t h e s e t t l e m e n t of disputes t h a t m a y arise or m a y h a v e arisen in a n y Society t h e r u l e s of w h i c h do n o t prescribe a n y o t h e r m o d e of s e t t l i n g s u c h disputes or to enforce t h e decision of a n y arbitrators or t o h e a r or d e t e r m i n e a n y d i s p u t e if n o a r b i t r a t o r shall h a v e b e e n a p p o i n t e d or if n o decision shall be m a d e b y t h e a r b i t r a t o r s w i t h i n forty days after application h a s b e e n m a d e b y t h e m e m b e r or person c l a i m i n g t h r o u g h or u n d e r a m e m b e r or u n d e r t h e rules of t h e Society shall be m a d e t o t h e D i s t r i c t C o u r t of t h e district w i t h i n w h i c h t h e u s u a l or p r i n c i p a l place of business of t h e Society shall b e s i t u a t e a n d such C o u r t shall u p o n t h e a p p l i c a t i o n of a n y person i n t e r e s t e d in t h e m a t t e r e n t e r t a i n such a p p l i c a t i o n a n d give s u c h relief a n d m a k e such orders a n d directions i n r e l a t i o n to t h e m a t t e r of s u c h a p p l i c a t i o n a s hereinafter m e n t i o n e d or as m i g h t before t h e c o m m e n c e m e n t of this A c t b e given or m a d e b y t h e S u p r e m e or a n y o t h e r C o u r t a n d t h e decision of s u c h D i s t r i c t C o u r t u p o n a n d in r e l a t i o n to s u c h a p p l i c a t i o n as aforesaid shall n o t be subject to a n y appeal. 16. I n all cases w h e r e t h e order of such D i s t r i c t C o u r t shall be for t h e p a y m e n t of m o n e y t h e s a m e m a y be enforced in t h e s a m e m a n n e r as t h e ordinary j u d g m e n t s of s u c h C o u r t s a r e enforced b u t w h e r e t h e order of t h e said Court shall be for t h e d o i n g of some a c t n o t b e i n g for t h e p a y m e n t of m o n e y it shall be lawful for t h e J u d g e of s u c h D i s t r i c t C o u r t in his said order to order t h e p a r t y to d o s u c h a c t or t h a t i n default of his so doing i t h e s h a l l p a y a c e r t a i n s u m of m o n e y a n d i n case h e refuse or n e g l e c t to do t h e a c t r e q u i r e d u p o n d e m a n d i n t h a t behalf t h e s u m of m o n e y o r p e n a l t y in t h e said order m a y t h e n b e recovered in t h e same m a n n e r a s a j u d g m e n t for debt or d a m a g e s i n such C o u r t a n d it shall n o t be l a w f u l to r e m o v e t h e s a m e b y certiorari o r o t h e r w r i t or process before t h e S u p r e m e C o u r t Pro vided however t h a t t h e P r i m a r y J u d g e m a y m a k e s u c h orders for r e g u l a t i n g t h e proceedings b y a n d before t h e J u d g e s of D i s t r i c t C o u r t s u n d e r this A c t a s h e m a y t h i n k fit a n d s u c h J u d g e s m a y r e g u l a t e t h e proceedings before t h e m respectively so a s t o r e n d e r t h e m as i n e x p e n  sive a n d s u m m a r y as conveniently m a y be. 17. I n t h e case of a n y Society established for a n y of t h e p u r p o s e s w i t h i n t h e m e a n i n g of t h i s A c t or for a n y p u r p o s e w h i c h is n o t illegal h a v i n g w r i t t e n o r p r i n t e d r u l e s w h i c h h a v e n o t b e e n certified b y t h e R e g i s t r a r (provided a copy of s u c h r u l e s shall h a v e been deposited w i t h t h e R e g i s t r a r ) every d i s p u t e b e t w e e n a n y m e m b e r of s u c h Society his e x e c u t o r s a d m i n i s t r a t o r s n o m i n e e s or assigns a n d

the

t h e T r u s t e e s t r e a s u r e r or o t h e r officer or t h e C o m m i t t e e of s u c h Society shall h e decided in m a n n e r hereinbefore m e n t i o n e d or provided w i t h r e s p e c t to disputes a n d t h e decision thereof in t h e case of Societies t o be established u n d e r t h i s A c t a n d t h e provisions of t h i s A c t r e l a t i n g t o disputes a n d t o t h e p u n i s h m e n t of fraud or i m p o s i t i o n shall b e applicable t o s u c h uncertified Societies P r o v i d e d always t h a t n o t h i n g h e r e i n c o n t a i n e d shall b e c o n s t r u e d t o confer on a n y such Society whose r u l e s shall n o t h a v e b e e n certified b y t h e R e g i s t r a r or a n y of t h e officers or m e m b e r s of s u c h Society a n y of t h e powers e x e m p t i o n s or privileges of t h i s A c t save a n d except as in a n d b y this section is expressly provided.

PART

III.

FRIENDLY SOCIETIES. 1 8 . I t shall b e lawful for a n y n u m b e r of persons to form a n d establish a F r i e n d l y Society u n d e r t h e provisions of this A c t for t h e p u r p o s e of r a i s i n g b y v o l u n t a r y s u b s c r i p t i o n s of t h e m e m b e r s thereof w i t h or w i t h o u t t h e aid of donations a fund for a n y of t h e following objects ( t h a t is t o s a y ) -- (1.) F o r i n s u r i n g a s u m of m o n e y to be paid o n t h e d e a t h of a m e m b e r or for t h e funeral expenses of t h e h u s b a n d wife or child of a m e m b e r . (2.) F o r t h e relief m a i n t e n a n c e or e n d o w m e n t of a m e m b e r or t h e h u s b a n d wife child or k i n d r e d of a m e m b e r i n infancy old age sickness widowhood or a n y n a t u r a l s t a t e of w h i c h t h e p r o b a b i l i t y m a y b e calculated b y way of average. (3.) F o r i n s u r i n g a s u m t o b e paid on t h e d e a t h of a m e m b e r to t h e p e r s o n n o m i n a t e d i n a w r i t i n g to be deposited w i t h t h e secretary of t h e Society b y such m e m b e r b e i n g t h e h u s b a n d wife father m o t h e r child b r o t h e r sister n e p h e w or niece of such m e m b e r or in default of s u c h n o m i n a t i o n or in case of t h e d e a t h of s u c h n o m i n e e t o b e p a i d to t h e e x e c u t o r or a d m i n i s t r a t o r or n e x t of k i n of such m e m b e r . (4.) F o r i n s u r i n g or m a k i n g good a n y loss or d a m a g e of live or dead stock goods i m p l e m e n t s of t r a d e a n d tools sustained b y a n y m e m b e r b y fire flood s h i p w r e c k or o t h e r c o n t i n g e n c y of w h i c h t h e probability m a y b e c a l c u l a t e d b y w a y of average. (5.) F o r t h e frugal i n v e s t m e n t of t h e savings of m e m b e r s for t h e b e t t e r e n a b l i n g t h e m t o p u r c h a s e food firing clothes or other necessaries or t o p u r c h a s e or h i r e a n y i m p l e m e n t m a t e r i a l or article of u s e or necessity in t h e i r t r a d e calling or business or t o provide for t h e e d u c a t i o n of t h e i r c h i l d r e n Provided t h a t t h e shares i n a n y s u c h I n v e s t m e n t Society shall n o t be transferable a n d t h a t t h e i n v e s t m e n t s of each m e m b e r shall a c c u m u l a t e or b e employed for t h e sole benefit of s u c h m e m b e r i n v e s t i n g or of t h e h u s b a n d wife c h i l d r e n or k i n d r e d of s u c h m e m b e r a n d of n o o t h e r person a n d t h a t t h e whole a m o u n t of t h e b a l a n c e due t o s u c h m e m b e r a c c o r d i n g to t h e r u l e s of s u c h Society be paid to h i m on w i t h d r a w a l therefrom. (6.) F o r t h e p u r p o s e of e n a b l i n g a n y m e m b e r or t h e h u s b a n d wife or c h i l d r e n or n o m i n e e of s u c h m e m b e r t o i m m i g r a t e to N e w S o u t h W a l e s a n d of e n a b l i n g s u c h i m m i g r a n t s to p u r c h a s e t h e tools i m p l e m e n t s m a t e r i a l s or o t h e r necessaries of t h e i r t r a d e calling or business a n d of a d v a n c i n g loans to t h e m for a n y s u c h p u r p o s e a n d t a k i n g security for t h e r e p a y m e n t 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 I V 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. I n 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 be entitled to receive any fee for the same and if such child shall not have been attended by any such practitioner the legally 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

be ascertained in m a n n e r hereinafter m e n t i o n e d n o r w i t h o u t t h e consent of all persons (if any) t h e n receiving or t h e n entitled to receive a n y relief a n n u i t y or o t h e r benefit from t h e funds thereof to be testified u n d e r t h e i r h a n d s individually a n d respectively unless t h e claim of every s u c h person be first duly satisfied or a d e q u a t e provision m a d e for satisfying s u c h claim a n d for t h e purpose of ascertaining t h e votes of such live-sixths in value of t h e m e m b e r s as aforesaid every m e m b e r shall be entitled t o one vote and a n additional vote for every five years t h a t h e m a y h a v e been a m e m b e r b u t n o one m e m b e r shall h a v e m o r e t h a n five votes on t h e whole a n d t h e intended appropriation or division of t h e funds or other p r o p e r t y shall be fairly a n d distinctly stated i n t h e a g r e e m e n t for dissolution prior to such consent b e i n g given a n d t h e a g r e e m e n t for s u c h dissolution duly signed as aforesaid accompanied w i t h a s t a t u t o r y declaration by one of t h e Trustees or b y t h r e e m e m b e r s a n d t h e secretary t a k e n before a J u s t i c e of t h e P e a c e t h a t t h e pro visions of t h i s A c t h a v e been complied w i t h shall be forthwith t r a n s  m i t t e d to t h e R e g i s t r a r t o be b y h i m deposited w i t h t h e rules of t h e Society a n d such a g r e e m e n t shall t h e r e u p o n be an effectual discharge at law a n d i n equity to t h e Trustees treasurers a n d other officers of such Society a n d shall operate as a release from all t h e m e m b e r s of t h e Society to s u c h Trustees t r e a s u r e r s or other officers A n d it shall n o t be lawful i n a n y Society to direct a division or a p p r o p r i a t i o n of a n y p a r t of t h e funds or p r o p e r t y thereof except for t h e purpose of c a r r y i n g into effect t h e general interests a n d objects declared i n t h e rules as origi nally certified unless t h e claim of every such m e m b e r is first d u l y satisfied or a d e q u a t e provision be m a d e for satisfying such claim a n d in case a n y m e m b e r of such Society shall be dissatisfied w i t h such provision it shall be lawful for s u c h m e m b e r to apply to t h e D i s t r i c t Court J u d g e of the district w i t h i n w h i c h t h e u s u a l place of business of t h e Society is situated for relief or o t h e r order a n d t h e said J u d g e shall have t h e same powers to e n t e r t a i n s u c h application a n d t o m a k e such order or direction in relation t h e r e t o as h e m a y t h i n k t h e justice of t h e case m a y r e q u i r e as hereinbefore provided in r e g a r d t o t h e settlement of disputes A n d in t h e event of the dissolution or d e t e r m i n a t i o n of a n y Society or t h e division or appropriation of t h e funds thereof except in t h e w a y hereinbefore provided a n y Trustee or o t h e r officer or person aiding or a b e t t i n g t h e r e i n shall on conviction thereof before t w o J u s t i c e s in a s u m m a r y w a y be liable to be imprisoned w i t h h a r d l a b o r for a n y t e r m n o t exceeding t h r e e m o n t h s . 22. I n case of t h e dissolution of a n y such Society as hereinbefore provided it shall n o t be necessary to state in t h e a g r e e m e n t t h e intended appropriation or division of t h e funds or other p r o p e r t y b u t it shall be lawful for t h e m e m b e r s if t h e y shall t h i n k fit t o refer such appropria tion or division to t h e award of t h e R e g i s t r a r a n d in case application shall be m a d e in w r i t i n g by t h e m e m b e r s of a n y such Society n o t b e i n g less in n u m b e r t h a n five-eighths of t h e whole body thereof s e t t i n g forth t h a t t h e funds of s u c h Society arc; insufficient to m e e t t h e claims t h e r e o n w i t h t h e grounds u p o n w h i c h such insufficiency can be proved it shall be lawful for t h e R e g i s t r a r to investigate t h e same a n d if u p o n s u c h investigation h e shall find t h a t t h e Society is in a n insolvent condition a n d t h a t it would conduce to t h e interests of all parties concerned t h a t t h e affairs of t h e Society should be w o u n d u p a n d b r o u g h t to a t e r m i n a t i o n h e shall m a k e a n a w a r d to t h a t effect a n d shall direct in w h a t m a n n e r t h e funds a n d p r o p e r t y of t h e Society shall b e divided or appropriated Provided t h a t previous to such investigation t h e R e g i s t r a r shall give n o t less t h a n t w e n t y - o n e days notice in w r i t i n g to be sent by post to t h e T r u s t e e s secretary or o t h e r officer of such Society a t t h e place w h e r e such Society holds its meetings. 23.

2 3 . E v e r y a w a r d so m a d e as aforesaid b y t h e R e g i s t r a r shall be final a n d conclusive o n all m e m b e r s a n d o t h e r persons h a v i n g a n y c l a i m o n t h e funds of t h e said Society w i t h o u t appeal a n d shall be enforced i n t h e s a m e m a n n e r as is hereinbefore provided for enforcing t h e a w a r d of a r b i t r a t o r s a n d t h e expenses of such a w a r d a n d of p u b l i s h i n g t h e notice of dissolution in t h e Gazette shall be paid o u t of t h e funds of t h e Society before a n y a p p r o p r i a t i o n thereof shall be made. 24. W h e n a n y s u c h a g r e e m e n t for t h e dissolution of a Society shall be transmitted to the Registrar and when any such award to be m a d e shall b e m a d e b y t h e R e g i s t r a r notice thereof shall w i t h i n t w o c a l e n d a r m o n t h s after t h e s a m e shall h a v e been so t r a n s m i t t e d or m a d e respectively be advertised b y t h e R e g i s t r a r i n t h e Gazette a n d u n l e s s w i t h i n t h r e e c a l e n d a r m o n t h s from t h e d a t e of t h e Gazette i n w h i c h s u c h a d v e r t i s e m e n t shall a p p e a r a m e m b e r or o t h e r p e r s o n i n t e r e s t e d in or h a v i n g a n y c l a i m on t h e funds of t h e Society shall c o m m e n c e p r o c e e d i n g s t o set aside t h e dissolution of t h e Society c o n s e q u e n t u p o n s u c h a g r e e m e n t or a w a r d t h e Society shall be considered for all i n t e n t s a n d p u r p o s e s a n d i n all C o u r t s of law a n d E q u i t y as legally dissolved a n d t h e requisite consents t o s u c h a g r e e m e n t or as t h e case m a y be t o t h e application t o t h e R e g i s t r a r to h a v e b e e n d u l y obtained w i t h o u t proof of t h e signatures t h e r e t o . 25. T h e R e g i s t r a r i n t h e n e x t a n n u a l r e p o r t s u b m i t t e d t o P a r l i a m e n t shall set forth t h e p a r t i c u l a r s of every a w a r d m a d e u n d e r t h e provisions of t h i s A c t w h i c h h e m a y h a v e m a d e d u r i n g t h e p r e c e d i n g twelve m o n t h s . 26. I n r e g a r d to Societies w h i c h h a v e b e e n dissolved before t h e c o m m e n c e m e n t of t h i s A c t if notice of a n y a g r e e m e n t for t h e disso l u t i o n of s u c h Society shall w i t h i n t h r e e m o n t h s after t h e said t i m e b e advertised i n t h e Gazette as aforesaid t h e provisions of this A c t shall a p p l y i n t h e s a m e w a y as if s u c h a g r e e m e n t h a d b e e n t r a n s m i t t e d a n d m a d e s u b s e q u e n t t o t h e said t i m e . 27. I t shall be lawful for a n y t w o or m o r e Societies established u n d e r t h i s or a n y of t h e A c t s h e r e b y repealed t o u n i t e a n d b e c o m e i n c o r p o r a t e d i n one Society w i t h or w i t h o u t a n y dissolution or division of t h e funds of such Societies or e i t h e r of t h e m or for a Society formed or established u n d e r this A c t or t h e said repealed A c t s t o transfer its e n g a g e m e n t s t o a n y o t h e r F r i e n d l y Society if a n y o t h e r Society shall u n d e r t a k e t o fulfil t h e e n g a g e m e n t s of s u c h Society u p o n such t e r m s as shall b e a g r e e d u p o n b y t h e c o m m i t t e e of m a n a g e m e n t of b o t h Societies confirmed b y t h e m a j o r i t y of t h e m e m b e r s of each of such Societies a t a g e n e r a l m e e t i n g convened for t h e p u r p o s e a n d afterwards a p p r o v e d of b y t h e R e g i s t r a r P r o v i d e d also t h a t a n y m e m b e r w h o is a b s e n t from s u c h m e e t i n g in c o n s e q u e n c e of sickness or o t h e r e m e r g e n c y m a y vote b y w r i t i n g u n d e r his h a n d a t t e s t e d b y t w o p e r s o n s . 28. E v e r y Society established h e r e u n d e r for a n y of t h e p u r  poses hereinbefore i n t h i s P a r t specified or referred to shall a t some m e e t i n g of its m e m b e r s a n d b y a resolution of a majority of t h e m e m b e r s t h e n p r e s e n t n o m i n a t e a n d a p p o i n t one or m o r e p e r s o n or persons to be T r u s t e e or T r u s t e e s for t h e said Society a n d t h e like i n case of a n y v a c a n c y i n t h e s a m e office a n d a copy of t h e resolution so a p p o i n t i n g s u c h person or persons to t h e office of T r u s t e e a n d signed b y s u c h T r u s t e e or T r u s t e e s b y t h e secretary a n d t h r e e m e m b e r s of t h e said Society shall be sent t o t h e R e g i s t r a r to be b y h i m deposited w i t h t h e rules of t h e said Society i n his custody Provided always t h a t where n o T r u s t e e shall h a v e b e e n a p p o i n t e d in a n y Society established u n d e r t h e A c t h e r e b y repealed t h e t r e a s u r e r t h e r e o f or o t h e r person w h o h a s c u s t o d y of t h e m o n e y s of s u c h Society shall be t a k e n to be a T r u s t e e w i t h i n t h e m e a n i n g of this A c t . 29.

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 acquired under this Act and the land or buildings which may be vested in the treasurer Trustees or other officer thereof for the time being shall 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 Schedule 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 provident 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 mis demeanor. 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.

46. If default be made in transmitting to the Registrar before the first day of J u n e 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. P A R T IV.
B E N E F I T B U I L D I N G 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 dwellinghouses 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.

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

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) :-- W i t h 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. W i t h reference to appointment of Trustees Section 28. W i t h reference to minors and list of charges Sections 29 and 3 1 . With reference to purchase or lease of buildings for holding meetings &c. Section 32. W i t h 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.

P A R T 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 " L i m i t e d " 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 promissorynotes 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.

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. I n 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.
FIRST SCHEDULE. No. of Act. Title of Act. Extent of Repeal.

7 Vic. N o . 10 11 Vic. N o . 10 11 Vic. N o . 53 14 Vic. N o . 11

17 Vic. No. 29 Vic. N o . 8

A n A c t to regulate Friendly Societies in N e w South W a l e s An Act for the regulation of Benefit Building Societies ............. A n A c t to amend the A c t regulating Friendly Societies in N e w South W a l e s A n A c t 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 26 A n A c t to consolidate and amend the Laws relating to Friendly Societies A n A c t to establish Industrial and Provi dent Societies

The whole. The whole. The whole.

The whole. The whole. The whole. SECOND

SECOND

SCHEDULE. Registrar.

Scale of Fees payable to

For Friendly Societies within the meaning of Part I I I .

For Benefit Building and other Societies within Part IV.

For Co-operative Trading and Industrial Societies within Part V.

£ s. d. Certificate of R u l e s 1 1 0 of now Society... Certificate of new or amended r u l e 0 5 0 or change ofname..................... A.ward 3 3 0

£ 2

s. 2

d. 0

£ 2

s. 2

d. 0

0 10 5 5

6 0

0 10

6

THIRD Form of Registrar's Certificate

SCHEDULE. or amendments thereof

to Rules of Societies alterations or change in name.

I H E R E B Y certify t h a t t h e foregoing r u l e s (or t h e alterations or a m e n d m e n t s of t h e r u l e s ) of t h e Society a t are in conformity with law (and in the case of a new Society) and t h a t t h e Society is duly established from t h e p r e s e n t date and is subject to t h e provisions and entitled t o t h e privileges of t h e " F r i e n d l y Societies A c t of 1 8 7 3 . " [If Society is a Friendly Society within Part III of the said Act] t h e r a t e s of c o n t r i b u t i o n s and p a y m e n t s are stated to have been p r e p a r e d b y A.B. a c t u a r y of (or as the case may be) a r e n o t stated to have been prepared by a n y a c t u a r y (or if certificate is of change of name) t h a t t h e registered n a m e of t h e Society established a t is changed from t h e date hereof t o t h e n a m e following Society in accordance with t h e provisions of t h e seventyeighth section of t h e " F r i e n d l y Societies A c t of 1 8 7 3 . " D a t e d this day of 18 .

(A.B.) R e g i s t r a r of F r i e n d l y Societies.

FOURTH

SCHEDULE. Bond.

Form of

K N O W all m e n by t h e s e presents t h a t we A.B. of T r e a s u r e r &c. (as the case may be) of t h e Society established a t and C.D. of (as s u r e t y on behalf of t h e said A.B.) are jointly and severally h e l d and firmly b o u n d to A.B. of C.D. of and F.F. of t h e T r u s t e e s of t h e said Society in t h e sum of to be paid to t h e said A.B. C.D. and F.F. as such T r u s t e e s or t h e i r successors T r u s t e e s for t h e t i m e being or their certain A t t o r n e y for which p a y m e n t well and t r u l y t o be made wo j o i n t l y and severally bind ourselves a n d each of us by himself our a n d each of o u r heirs executors and administrators firmly by these p r e s e n t s sealed with o u r seals. D a t e d t h e day of in t h e year of o u r Lord W h e r e a s t h e above-bounden A.B. h a t h been duly appoiuted T r e a s u r e r &c. (as the case may be) of t h e Society established as aforesaid and he t o g e t h e r with t h e above-bounden CD. as his s u r e t y have e n t e r e d into t h e above-written bond subject to t h e condition hereinafter contained N o w therefore t h e condition of t h e above w r i t t e n bond is such t h a t if t h e said A.B. shall a n d do j u s t l y and faithfully execute his office of T r e a s u r e r &c. (as the case may be) of t h e said Society established as aforesaid and

a n d shall and do r e n d e r a j u 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 h a n d s and assign and transfer or deliver all securities and effects books p a p e r s and p r o p e r t y of or belonging to t h e said Society in his hands or custody to such person or persons as t h e said Society shall a p p o i n t according to t h e rules of t h e said Society t o g e t h e r with t h e p r o p e r or legal receipts or vouchers for such p a y m e n t s and likewise shall and do in all respects well and t r u l y and faithfully perform and fulfil his office of T r e a s u r e r &c. (as the case may he) to t h e said Society according to t h e r u l e s thereof t h e n t h e above-written bond shall be void a n d of n o effect otherwise shall be and r e m a i n in full force and virtue.