goods, purporting to be signed by or on behalf of such society, and 37 VICTORIA, in all bills of parcels, invoices, receipts, and letters of credit of the No. 477. society. of name. c. 87 s. 11. 14. If any society registered under this Act does not paint or Penalties for affix and keep painted or affixed its name in manner directed by this non-publication Act, it shall be liable to a penalty not exceeding Five pounds for not 25 & 26 Vict. so painting or affixing its name, 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 endorsement cheque or order for money or goods, or issues or authorizes to be issued any bill of parcels invoices 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. office. Penalty 15. Every society registered under this Act shall have a regis- Every society to tered office to which all communications and notices may be addressed. have a registered If any society registered under this Act carries on business without on default. having such office, it shall incur a penalty not exceeding Five pounds for every day during which business is so carried on. Ib. s. 12. tered office to 16. Notice of the situation of such registered office, and of any Notice of situ change therein, shall be given to the registrar, and recorded by him. ation of regisUntil such notice is given the society shall not be deemed to have be given to complied with the provisions of this Act. registrar. Ib. s. 13. 17. The rules of every society registered under this Act shall Effect of rules. bind the society and the members thereof to the same extent as if Ib. s. 14. each member had subscribed his name and affixed his seal thereto, and there were contained in such rules a covenant on the part of himself, his heirs, executors and administrators to conform to such rules subject to the provisions 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. ties Statute ap and provident 18. The provisions following in the "Friendly Societies Statute Provisions of 1865," shall apply to all societies registered under this Act, and no Friendly Sociesuch provision shall be affected in its application to such societies plied to industrial by its repeal in regard to Friendly Societies unless the contrary be societies. expressly declared by the Act repealing the same (that is to say) so 30 31 Vict. much of the "Friendly Societies Statute 1865" as relates to c. 117 s. 3. The remedy for recovery of books, papers, &c., in the hands of "Friendly Socie persons refusing to give them up. The decision of disputes and enforcement of decision. ties Statute 1865" 8. 36. Ib. s. 31. Ib. s. 35. Ib. s. 33. 19. Any society registered under this Act, if not dissolved in Winding-up as the manner herein provided, may be wound up either by the court or to societies. No. 477. 37 VICTORIA, Voluntarily in the same manner and under the same circumstances under and in which any company may be wound up under "The Companies Statute 1864," all the provisions of such statute with respect to winding up shall apply to such society with this exception, that the court having jurisdiction in the winding-up shall be the Court of Insolvency. 25 & 26 Vict. c. 87 s. 17. Dissolution of society not to prevent prevent winding up of its affairs. Ib. s. 18. 20. In case of the dissolution or winding up of 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. 21. The provisions of "The Companies Statute 1864" as to bills Companies Statute of exchange and promissory notes, and the admissibility of the register 1864" to apply. in evidence shall apply to all societies registered under this Act. Certain proviof "The Ib. s. 19. Liability of pre- Society may be constituted under 22. In the event of a society registered under this Act being dissolved or 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 the payment of the debts and liabilities of the society and the costs charges and expenses of dissolving or winding up the same, and for the payment of such sums as may be required for the adjustment of the rights of the contributories 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. (II.) No past member shall be liable to contribute in respect of any debt or liability of the society contracted after the time at which he ceased to be a member. (III.) 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. (IV.) No contributions shall be 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. 23. Any society registered under this Act may be constituted a The Companies company under "The Companies Statute 1864" by conforming to the provisions set forth in such Statute and thereupon shall cease to retain its registration under this Act. Statute 1864," Ib. s. 21. Members may inspect books. Ib. s. 22. Power to nomi nate persons into whose names the 24. Every person or member having an interest in the funds of any society registered under this Act may inspect the books and names of the members at all reasonable hours at the offices of the society. 25. A member of any society registered under this Act may by interest of mem any writing under his hand delivered at the registered office of the society appoint any person being the husband wife father mother child brother sister nephew or niece of such member, to whom his bers may be transferred at their death. shares in the society shall be transferred at his death, provided that 37 VICTORIA, the sum credited to the account of such member in the books of the No. 477. society does not exceed Fifty pounds sterling, and may from time to 30 & 31 Vict. time revoke or vary any such nomination by a writing under his c. 117 s. 5. hand similarly delivered, and the secretary of every such society shall keep a book wherein the names of all persons so nominated shall be regularly entered, and the shares comprised in any such nomination shall be transferable to the nominee although the rules of the society declare its shares to be generally not transferable, provided nevertheless that the society may in lieu of making such transfer elect to pay to any nominee the full value of the shares comprised in the nomination to him, and shall pay him the full value of any such shares which if transferred into his name would increase his interest in the society to an amount exceeding Two hundred pounds sterling. for moneys assurance. 26. A receipt under the seal of a society countersigned by the Effect of receipt secretary for all moneys secured to the society by any mortgage or secured by mortother assurance such receipt to be in the form specified by the rules gage or other or any schedule thereto and to be endorsed upon or annexed to such mortgage or other assurance shall vacate the same and vest the estate of and in the property therein comprised in the person entitled to the equity of redemption of the same or in such person as the society may direct without any reconveyance whatever: Provided always that nothing in this section contained shall apply to or affect land under the operation of "The Transfer of Land Statute" or any mortgage thereof. to be prepared as direct. 30 & 31 Vict. 27. The general statement of the funds and effects of any Annual returns society registered under this Act shall be transmitted to the Regis- the Registrartrar-General once in every year on or before the first day of March General may and such statement shall exhibit fully the assets and liabilities of 25 & 26 Vict. the society and shall be prepared and made out in such form and c. 87 s. 24. shall comprise such particulars as the Registrar-General shall from c. 117 s. 9. time to time require and the Registrar-General shall have authority to require such evidence as he may think expedient of all matters required to be done and of all documents required to be transmitted to him under this Act, and every member of any such society shall be entitled to receive on application to the treasurer or secretary of such society a copy of such statement without any payment for the same. Every society which does not transmit any such return or furnish copies thereof or of its rules as required by this Act shall incur a penalty not less than Fifty shillings nor exceeding Five pounds for each such offence, and every person who makes or orders to be made any false statement or any omission in any such return with intent to deceive the Registrar-General shall incur a penalty not exceeding Fifty pounds sterling for each return so dealt with. penalties. 28. All penalties imposed by this Act or by the rules of any Recovery of society registered under this Act shall be recoverable in a summary 30 & 31 Vict. way before two justices, and in case of default in transmitting the c. 117 s. 6. returns hereby required penalties shall be recoverable at the suit of the Registrar of Friendly Societies, and in the case of penalties imposed by the rules of the society such penalties shall be recoverable ! at the suit of the society. 37 VICTORIA, No. 477. Section 5. 30 & 31 Vict. c. 117. Schedule. Section 9. Section 10. SCHEDULES. FIRST SCHEDULE. OF MATTERS To be provided FOR BY THE RULES OF SOCIETIES TO BE ESTABLISHED 1. Object-Name and place of office of the society. 2. Terms of admission of members. 3. Mode of holding meetings and right of voting and of making and altering rules. 4. Determination whether the shares or any number of them shall be transferable and in case it be determined that the shares or any number thereof shall be transferable provision for the form of transfer and registration of shares and for the consent of the committee of management and confirmation by a general meeting of the society; and in case it be determined that the shares shall not be transferable provision for paying to members the balance due to them on withdrawing from the society. 5. Provision for the audit of accounts. 6. Determination whether and by what authority any part of capital may be invested in or on the security of another society, provided that no such investment be authorized in any society not registered under this Act or under "The Com panies Statute 1864" as a company with limited liability. 7. Determination whether and how members may withdraw from the society, and provisions for the claims of executors administrators or assigns of members, and for paying nominees in the case herein mentioned, 8. Mode of application of profits. 9. Appointment of managers and other officers, and their respective powers and remuneration. 10. Provision for the custody use and device of the seal of the society, which shall in all cases bear the registered name thereof. SECOND SCHEDULE. THE FORM OF DECLARATION TO ACCOMPANY ALTERATIONS OF OR ADDITIONS TO RULES. and city, town, I. of Limited, established at Society, Register No. the clerk [or secretary, or some other officer] of the above-mentioned society, do solemnly and sincerely declare that in the altering the rules of the said society (or amending or rescinding or making new rules as the case may be) the rules of the said society have been duly complied with. And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of an Act of the Parliament of Victoria rendering persons making a false declaration punishable for wilful and corrupt perjury. Taken and received before me, one of Her Majesty's Justices of the Peace for I, THIRD SCHEDULE. FORMS OF CERTIFICATES TO BE GIVEN UNDER THIS ACT. Certificate of Registration of a Society. Registrar of Friendly Societies, hereby certify that the Society (limited), established at Given under my hand this day of 187 Registrar of Friendly Societies. Certificate to follow Rules upon the registration of a Society established under this Act. '37 VICTORIA, Society (limited) are I hereby certify that the foregoing rules of the in conformity with the law, and that the said society is duly established from the present date, and is subject to the provisions and entitled to the privileges of the "Industrial and Provident Societies Act 1873." No. 477. Certificate of alterations of Rules. I, Registrar of Friendly Societies, do hereby certify that the foregoing alterations of [or additions to] the rules of the Society (limited), established at are in conformity with law, and are registered from the present date under the "Industrial and Provident Societies Act 1873." Given under my hand this , day of 187 . Registrar of Friendly Societies. I, name of the Certificate of Changed Name. Registrar of Friendly Societies, hereby certify that the registered date hereof to the name following |