Recovery of penalties. Short title. society, a copy of such statement, without making any payment for the same. (a) i.e., of friendly societies, see 30 & 31 Vict. c. 117, s. 14, infra. (B) On or before the 1st of March, see 30 & 31 Vict. c. 117, s. 9, infra. By 30 & 31 Vict. c. 117, s. 9 (v. infra), penalties are imposed for not sending returns, &c. 25. All penalties imposed by this Act, or by the rules of any society registered under this Act, may be recovered in a summary manner before two justices, as directed by an Act passed in the eleventh and twelfth years of the reign of her present Majesty Queen Victoria, chapter forty-three, intituled "An Act to facilitate the Performance of the Duties of Justices of the Peace out of Sessions within England and Wales with respect to summary Convictions and Orders." This section is repealed by 30 & 31 Vict. c. 117, s. 1, and sect. 6 of that Act enacted in its stead (v. infra). 26. This Act may be cited as "The Industrial and Provident Societies Act, 1862." By 30 & 31 Vict. c. 117, s. 14, this Act is incorporated with that Act, and may be cited with it as the Industrial and Provident Societies Act, 1867 (v. infra). SCHEDULE OF MATTERS TO BE PROVIDED FOR IN THE 1. Object and 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. Determination whether the shares shall be transferable, and in case it be determined that the shares 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 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, or the Joint Stock Companies Act, as a society or company with limited liability. 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. (a) By 30 & 31 Vict. c. 117, s. 14 (v. infra), the Schedule annexed to that Act is substituted for this Schedule. INDUSTRIAL AND PROVIDENT SOCIETIES ACT, 1867. 30 & 31 VICT. C. 117. An Act to amend the Industrial and Provident Societies Acts. WHEREAS, by the Industrial and Provident Societies Act, And whereas doubts having arisen as to the effect of the said Act in certain cases, it is expedient that the same should be removed, and that the provisions so made should be amended in other respects: Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 19 Vict. c. 63, and sects. 5, 9, 15, 16, and 25 of 25 & 26 Vict. 1. There shall be repealed, from and after the passing of Sect. 48 of 18 & this Act, the forty-eighth section of the eighteenth and nineteenth Victoria, chapter sixty-three, and the fifth, ninth, fifteenth, sixteenth, and twenty-fifth sections of the recited Act, and so much of the third section as excepts the working of mines and quarries from the objects for which any society may be established under the Act. (a) 25 & 26 Vict. c. 87. (B) 15 & 16 Vict. c. 31. (7) 17 & 18 Vict. c. 25; 19 & 20 Vict. c. 40. c. 87, repealed. interest of 2. A society registered under this Act may hold in its Limitation of registered name any amount of interest in any other society members. so registered, but if any other person hold or claim in any society so registered any interest exceeding two hundred Provisions of the Friendly Societies Acts applied to Industrial and Provident Societies. 18 & 19 Vict. c. 63, s. 24. 18 & 19 Vict. s. 1. 18 & 19 Vict. c. 63, s. 30. 18 & 19 Vict. c. 63, s. 37. 21 & 22 Vict. c. 101, s. 4. Punishment of fraud in with holding money, &c. (18 & 19 Vict. c. 63, s. 24). pounds sterling, such person shall incur a penalty equal to the excess of such interest over the said sum. This section replaces sect. 9 of the Ind. and Prov. Soc. Act, 1862. 3. The provisions following contained in the Acts under mentioned relating to friendly societies shall apply to all societies registered under this Act, and no such provision shall be affected in its application to such societies by its repeal in regard to friendly societies, unless the contrary be expressly declared by the Act repealing the same; and in applying such provisions words concerning the trustee of any society shall be taken to apply to the society, except the context precludes such construction; (that is to say,) So much of the Friendly Societies Acts, 1855 and 1858, as The punishment of fraud in withholding any money The reception of rules and other instruments in evi- The exemption of rules and other instruments from stamp duty: The power to any society to change its name. The sections above mentioned are as follows: "If any officer, member, or other person, being, or representing himself to be, a member of such society, or the nominee, executor, administrator, or assignee of a member thereof, or any person whatsoever, by false representation or imposition, shall obtain possession of any moneys, securities, books, papers, or other effects of such society, or having the same in his possession shall withhold or misapply the same, or shall wilfully apply any part of the same to purposes other than those expressed or directed in the rules of such society, or any part thereof, it shall be lawful in England for any justice of the peace acting in the county or borough in which the place of business of such society shall be situated, upon complaint made by any person on behalf of such society, to summon the person against whom such complaint is made to appear at a time and place to be named in such summons; and any two justices present at the time and place mentioned in such summons shall proceed to hear and determine the said complaint in manner directed by the Act passed in the eleventh and twelfth years of Her present Majesty, chapter forty-three; and in Scotland every such offence may be prosecuted by summary complaint at the instance of the procurator fiscal of the county, or of the society with his concurrence, before the sheriff; and if the said justices or sheriffs respectively shall determine the said complaint to be proved against such person, they shall adjudge and order him to deliver up all such moneys, securities, books, papers, or other effects to the society, or to repay the amount of money applied improperly, and to pay (if they think fit) a further sum of money not exceeding twenty pounds, together with costs not exceeding twenty shillings; and in default of such delivery of effects, or repayment of such amount of money, or payment of such penalty and costs aforesaid, the said justices or sheriffs may order the said person so convicted to be imprisoned in the common gaol or house of correction, with or without hard labour, for any time not exceeding three months: Provided, that nothing herein contained shall prevent the said society, or in Scotland Her Majesty's Advocate, from proceeding by indictment against the said party: Provided, also, that no person shall be proceeded against by indictment if a conviction shall have been previously obtained for the same offence under the provisions of this Act." "In all friendly societies established under this Act, or any of the said repealed Acts, all applications for the removal of any trustee, or for any other relief, order, or direction, or for the settlement of disputes that may arise or may have arisen in any society the rules of which do not prescribe any other mode of settling disputes, or to enforce the decision of any arbitrators, or to hear or determine any dispute if no arbitrator shall have been appointed or if no decision shall be made by the said arbitrators within forty days after application has been made by the member or person claiming through or under a member or under the rules of the society, shall be made to the County Court of the district within which the usual or principal place of business of the society shall be situate; and such Court shall, upon the application of any person interested in the matter, entertain such application, and give such relief, and make such orders and directions in relation to the matter of such application as hereinafter mentioned, or as may now be given or made by the Court of Chancery in respect either of its ordinary or its special or statutory jurisdiction; and the decision of such County Court upon and in relation to such application as aforesaid shall not be subject to any appeal: Provided always, that in Scotland the sheriff within his county, and in Ireland the assistant barrister within his district, shall have the same jurisdiction as is hereby given to the judge of a County Court." "In all cases where the order of such County Court shall be for the payment of money, the same may be enforced in the same manner as the ordinary judgments of such Court are enforced; but where the order of the said Court shall be for the doing of some act not being for the payment of money, it shall be lawful for the judge of such County Court in his said order to order the party to do such acts, or that in As to the deter- Order of County Court, how enforced (18 & 19 Vict. c. 63, s. 42). Lord Chancellor may make Orders for regulating the Jurisdiction of given to judge of Sheriffs' Court, assistant Rules, how received in evidence (18 & 19 Vict. c. 63, s. 30). Power of default of his doing it he shall pay a certain sum of money; and in case he refuse or neglect to do the act required upon demand in that behalf, the sum of money or penalty in the said order may then be recovered in the same manner as a judgment for debt or damages in such Court; and it shall not be lawful to remove the same by certiorari or other writ or process to any superior Court of record: "Provided, however, that the Lord Chancellor may make such orders for regulating the proceedings by and before the judges of County Courts under this Act as he may think fit; and in Scotland the Court of Session shall have the like power by act of sederunt as regards proceedings before sheriffs under this Act; and subject to such orders and acts of sederunt respectively, such judges and sheriffs may regulate the proceedings before them respectively, so as to render them as summary and inexpensive as conveniently may be." "In the City of London the judge of the Sheriffs' Court, and in Ireland the assistant barrister within his district, and in the cities of Dublin and Cork the recorder thereof, shall respectively have the same jurisdiction as by the said Act (a) as amended by this Act is given to the judge of a County Court in any matter arising under the said Act; and in Ireland a justice of the peace, or two justices of the peace, as the case may be, shall have the same jurisdiction as by section twenty-four of the said Act is given to a justice of the peace, or two justices of the peace, in England in any matter arising under the said section; but the complaint shall be heard and determined in manner directed by the Act passed in the fourteenth and fifteenth years of Her Majesty, chapter ninety-three." "All rules and tables of any society established under this Act or any of the said repealed Acts, and all alterations and amendments thereof, and all copies thereof or extracts therefrom, and all writings and documents relating to a friendly society, and purporting to be signed by the registrar, shall, in the absence of any evidence to the contrary, be received in all Courts of law and equity, and elsewhere, without proof of the signature thereto." "No copy of rules, nor power, warrant, or letter of attorney granted by any person as trustee of any society established under this Act or any of the Acts hereby repealed, for the transfer of any share in the public funds 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 receive the same by virtue of the rules thereof, nor 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 or Acts relating to stamp duties shall be deemed to extend to any society which shall assure the (a) 18 & 19 Vict. c. 63. |