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IV. Rules.—The rules of every such society shall contain provisions in respect of the several matters mentioned in the schedule annexed to this Act (a).
V. [Repealed by 30 & 31 Vict. c. 117].
VI. Certificate of registration to vest all property in society now held in trust for society.—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 trustee, or other officer on account of the society may be prosecuted by or against the society in its registered name without abatement.
VII. Copy of rules to be delivered to persons on demand.—A copy of the rules shall be delivered by the society to every person on demand on payment of a sum not exceeding one shilling.
VIII. No society to be registered by same name as that of any existing society :-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 “limited” shall be the last word in the name of every society registered under this Act.
IX. [Repealed by 30 & 31 Vict. c. 117.]
X. Publication of name by a society.—Every society registered under this Act 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
(a) For form of these rules, see Appendix III. The schedule is repealed and another substituted by 30 & 31 Vict. c. 117.
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, promissory notes, endorsements, 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.
XI. Penalties on non-publication of name.--If any society under this Act 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, endorsement, 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 hoīder 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.
XII. Every society to have a registered office.—Every society under this Act shall have a registered office, 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.
XIII. Notice of situation of registered office.-Notice of the situation of such registered office, and of any change therein, shall be given to the registrar and recorded by him : until such notice is given the society shall not be deemed to have complied with the provisions of this Act.
XIV. Signature and effect of rules.—The rules of every society registered under this Act 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 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 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.
XV. [Repealed by 30 & 31 Vict. c. 117.]
XVII. As to the winding-up of societies.--Any society registered under this Act may be wound up either by the court or voluntarily in the same manner and under the same circumstances under and in which any com. pany may be wound up under any Acts or Act for the time being in force for winding-up companies; and all the provisions of such Acts or Act 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 county court of the district in which the office of the society is situated (a).
(a) These clauses are given at length in “Brabrook on In. dustrial and Provident Societies."
XVIII. Dissolution of society not to prevent windingup of its affairs.- In 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.
XIX. Provisions of Joint Stock Companies Acts to apply.—The provisions of the Joint Stock Companies Acts as to bills of exchange, and the admissibility of the register of shares in evidence, shall apply to all societies registered under this Act (6).
XX. Liability of present and past members of society. - In the event of a society registered under this Act 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 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; (2). No past member shall be liable to contribute in
respect of any debt or liability of the society
“ Brabrook on Industrial and
(6) For these provisions, see Provident Societies.”
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 be required from any mem
ber exceeding the amount (if any) unpaid on the shares in respect of which he is liable as a past or present member.
XXI. Society may be constituted under Companies Acts.—Any society registered under this Act may be constituted a company under the Companies Acts, by conforming to the provisions set forth in such Act, and thereupon shall cease to retain its registration under this Act (a).
XXII. Members may inspect books.—Every person or member having an interest in the funds of any society registered under this Act may inspect the books and the names of the members at all reasonable hours, at the office of the society.
XXIII. Sheriff's jurisdiction in Scotland. - The sheriff in Scotland shall within his county have the like jurisdiction as is hereby given to the judge of the county court in any matter arising under this Act.
XXIV. Annual returns to be prepared as registrar may direct.-A general statement of the funds and
(a) The requisites for registration under the Companies Acts are set forth in “ Brabrook on Industrial and Provident Societies."