that such authority was duly given. 37 & 38 Vict. c. 42, s. 12.

15. Proof of the registrar's signature to a certificate is not required in the absence of evidence to the contrary, and the certificate is to be received by the court, and by all courts of law and equity and elsewhere, without such proof. 37 & 38 Vict. c. 42, s. 20.

16. On incorporation, property vests without conveyance. All rights of action and other rights, and all estates and interests in real and personal estate whatsoever, belonging to or held in trust for a society certified under 6 & 7 Will. 4, c. 32, on incorporation of the society vest in it without conveyance or assignment. The case of stocks and securities in the public funds, and copyhold or customary estates alone excepted. 37 & 38 Vict. c. 42, s. 27.

COMMITTEE. See DIRECTORS (31), OFFICERS (97).

CO-OPERATIVE LAND SOCIETIES.

17. Any number of persons, not being less than seven, may establish a society under the Industrial and and Provident Societies Acts, 1862, 1867, for the purpose of buying and selling land, whether wholesale or retail, and, upon registration, the members become a body corporate, having perpetual succession and a common seal, with power to purchase, erect and sell,

and convey, or to hold lands and buildings with limited liability. 25 & 26 Vict. c. 87, s. 3; 30 & 31 Vict. c. 117, s. 4; 34 & 35 Vict. c. 80, s. 5.

18. There is no restriction as to the amount of a share in a co-operative land society; but the total [share] interest of each member must not exceed £200: 30 & 31 Vict. c. 117, s. 2. If he be married, his wife may become a member for a like amount in paid-up shares. 33 & 34 Vict. c. 93, s. 5.

19. Liability of allottees of land where title defective.— Allottees of land in a co-operative land society should be careful to see that the title of the society to the land is complete. If it be defective, the original vendors may enforce contributions to the purchase-money from the several allottees.

Land was bought on behalf of a building society, acting as a freehold land society, but the whole of the price not having been paid, the vendors had a lien on the conveyance for the unpaid portion. Meanwhile, the society proceeded to allot the land among its members. It was held that the vendors, in a suit to recover the balance due, must join the whole of the allottees as defendants, and that the allottees were all liable to contribute to payment of it: Peto v. Hammond, 1861; 29 Beav. 91; 30 Beav. 495; 31 L. J. 354, Ch.

20. Restrictive covenants.—Allottees should be careful into what covenants they enter; and the society should see that all necessary restrictions are duly provided for in the several mortgage deeds: Eastwood v. Levers, 1863, 9 L. T. (N. s.) 615; 33 L. J. 355, Ch.

21. Position of allottees.-Allottees of land, even though let into possession, have no estate in it until the purchase-money has been paid by the society and the property conveyed to the members: Reg. v. Inhabitants of Carlton, 1849, 14 Q. B. (N. s.) 110; 18 L. T. 505.

See also APPEAL, STAMP DUTY.

COPYHOLDS.

22. Advances may be made to members out of the funds of a society upon the security of copyhold, as well as of freehold or leasehold, estate. 37 & 38 Vict. c. 42, s. 13.

Trustees may be appointed to be tenants in respect of copyholds. See TRUSTEES (192). Or the lord may admit the society itself as tenant on payment of special fine. 37 & 38 Vict.. c. 42, s. 28.

COSTS, Mortgagee entitled to, in a redemption suit, See REDEMPTION (125).

Taxation of. See REDEMPTION (126).

COUNTY COURT.

23. Equitable jurisdiction—Mortgage up to £500.— The County Court Equitable Jurisdiction Act, 1865, 28 & 29 Vict. c. 29 (clause 3 of section 1) confers upon the county courts "all the power and authority of the Court of Chancery in all suits for foreclosure and redemption, where the mortgage shall not exceed in amount the sum of £500; and no subsequent Act has interfered with this part of the equitable jurisdiction of the county courts: Powell v. Roberts, before Stuart, V. C.; 18 W. R. 84.

See also COURT.

COURT.

24. Definition of, under the Building Societies Act, 1874.

The court means:

In England, the county court of the district, in Scotland, the sheriff's court of the county, in which the chief office or place of meeting for the business of the society is situate; and in Ireland, the civil bill court within the jurisdiction of which such office or place of meeting is situate. 37 & 38 Vict. c. 42, s. 4.

See also COUNTY COURT (23), DISPUTES (42).

COVENANT, Action for breach of. See ACTION (4). Restrictive. See Co-OPERATIVE LAND SOCIETIES (20).

Mortgagor bound by. See MORTGAGE (89, 92), REDEMPTION (124, 125).

to pay beyond proceeds of sale. See REDEMPTION (127).

to have exclusive right of supplying beer. See RESTRAINT OF TRADE.

CRIMINAL PROCEEDINGS, Bond given to stay. See BOND (8). See also EMBEZZLEMENT.

CUSTODY of Deeds. See DEEDS (29).

of Seal. See SEAL (156).

DATE.

25. Of a deed, under which a claim is made, must be disclosed.—In a suit for forfeiture, in which a building society, who claimed in respect of certain leaseholds that had been mortgaged to them, were the defendants, they did not in their answer set out the date of the lease, and the plaintiff excepted to the answer for insufficiency.

Held by James and Mellish, L. JJ. (affirming the decision of Malins, V. C.) that the rule of the court excusing a defendant from answering in cases of forfeiture did not apply, as the plaintiff was a trustee, and the society claimed to be his cestuis que trust, and he, therefore, had a right to know under what title they claimed, and they must set out the date of the lease: Hurst v. Hurst, July, 1874; 31 L. T. Rep. (N. s.) 264.

DEATH.

26. Member or depositor dying intestate, having in society's funds a sum not exceeding £50.-In such case the amount due may be paid to the person who shall appear to the directors to be entitled under the statute of distributions to receive the same, without taking out letters of administration, upon the society receiving

satisfactory evidence of death and a statutory declaration that the member or depositor died intestate, and that the person so claiming is entitled as aforesaid. 37 & 38 Vict. c. 42, s. 29.

27. Such payment is valid and effectual with respect to any demand from any other person, as next of kin or as the lawful representative of such deceased member or depositor, against the funds of the society; but such next of kin or representative has his lawful remedy against the person who received the money. 37 & 38 Vict. c. 42, s. 29.

28. Advanced shareholder dying intestate, leaving infant heir.-Whenever a member, having executed a mortgage to a society, dies intestate, leaving an infant heir or infant co-heiress, the society may, after selling the mortgaged premises, pay to the deceased's administrator any money to the amount of £150, which shall remain after paying the amount due to the society and the costs and expenses of sale, without being required to pay the same into the Post Office Savings' Bank, as provided by the Trustees Relief Act and the amending Acts. The said sum of £150 to be considered as personal estate, and liable to duty accordingly. 37 & 38 Vict. c. 42, s. 30.

DEEDS.

29. Provision for the custody of the mortgage deeds and other securities belonging to the society must be made in the rules. 37 & 38 Vict. c. 42, s. 16.

Auditors to inspect. See ACCOUNTS (1).
See also DATE (25), MORTGAGE (84, 89, 92).

DEFINITIONS.

30. The following definitions of a building society are given by the Act of 1874::

A terminating society is one which, by its rules, is to terminate at a fixed date, or when a result specified in its rules is attained;