No. 254. 18 & 19 Vict. c. 63 s. 16. 28 VICTORIA, ceeds which shall from time to time arise from the money so laid out or invested as aforesaid shall be brought to account by such trustees and treasurer and shall be applied to and for the use of such society according to the rules thereof. Provided that it shall be lawful for the trustees or treasurer as aforesaid with the consent of such society as aforesaid to purchase hire or take upon lease any room or premises for the purpose of holding therein the meetings of such society or for the transaction of business relating thereto, and to hold the same in trust in and for the use of such society, and to sell exchange set and demise the same in whole or in part with the consent aforesaid. When trustees shall be absent or insolvent, a Court may order transferred and new trustees. Ib. s. 36. 18. Whenever it shall happen that any person in whose name any part of the several funds and securities of any society established judge of Supreme or coming under the operations of this Act or of any of the Acts funds &c. to be hereby repealed is or shall be standing as a trustee or treasurer of dividend paid to any such society shall be out of the colony of Victoria, or shall have been removed from his office of trustee or treasurer, or shall be a bankrupt insolvent or lunatic, or it shall be unknown whether such trustee or treasurer is living or dead, it shall be lawful for any judge of the Supreme Court, upon the petition of any trustee or treasurer of such society by order under his hand with or without reference to any person or any officer of the said court to appoint a person, in the room of the trustee or treasurer so bankrupt insolvent or lunatic or having been removed or absent from the colony or concerning whom it is unknown whether he is alive or dead, to transfer such funds or securities standing as aforesaid to the name of the duly appointed trustee or treasurer and also to pay over to such trustee or treasurer as aforesaid the dividends of such funds or securities: and whenever it shall happen that one or more of such trustees as aforesaid shall be so absent or have been removed or be a bankrupt insolvent or a lunatic or it be unknown whether any one or more of such trustees be living or dead, it shall be lawful for any judge of the said court in manner before mentioned to direct that the other and others of such trustees do transfer such funds or securities to the name of such person so appointed trustee as aforesaid jointly with the continuing trustees (if any) and also receive and pay over the dividends of such stock annuities or funds as such society shall direct. Receipts of trustees to operate as reconveyances. c. 82 s. 5. 19. The trustees named in any mortgage whether already made or hereafter to be made on behalf of any society established or 6 & 7 Will. IV. brought under the operation of this Act or of any of the Acts 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 secured by such mortgage or further charge; which receipt shall be sufficient and effectual to vacate the same 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 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 every society hereafter to be established under the provisions of this Act for the 28 VICTORIA, object herein before specified. No. 254. any one member number limited 20. No member of any society coming within the provisions Number of shares of this Act shall at any time directly or indirectly hold or be bene- to be held by ficially interested in or entitled to any claim upon the funds of the not to exceed the said society exceeding such amount as may be limited by the rules. by the rules. Provided that nothing herein contained shall be construed to exonerate or release any such member holding or beneficially interested in shares exceeding such authorised amount from making all such payments due upon such shares or interest as shall be required by the rules and regulations of the society. paid on death of funeral. payment to 21. It shall not be lawful for any society established under the No money to be provisions of this Act or of any of the Acts hereby repealed to assure assured child a sum of money to be paid on the death of a child whether a mem- except for ber of such society or not under the age of ten years, except the 13 & 14 Vict. actual funeral expenses not exceeding five pounds in case of such c. 115 s. 3. child to be paid to the undertaker or person by whom the burial is conducted and whose receipt alone shall be sufficient discharge to the society; nor to pay any sum of money which may have been certificate reassured and payable on the death of any member thereof or of the quired before husband wife or child of any member unless the person applying for the same shall produce and deliver to the officer a certificate signed by some legally qualified medical practitioner or coroner in the form set forth in the Fifth Schedule to this Act, except in cases Fifth Schedule. where from the nature of the circumstances it is impossible to procure such certificate. And if any officer of such society shall pay or cause to be paid such sum of money as aforesaid without such certificate as aforesaid, such officer shall be liable to a penalty not exceeding ten pounds. one society not benefit exceeding week in 22. If any person become a member of more than one society Members belongand thereby be entitled to certain benefits on account of the same ing to more than kind of assurance from more than one society, it shall not be lawful to be entitled to for him to claim or receive such benefit from any or either society £200 or £50 without signing a declaration that the greatest value or amount of perity or 40s. all the benefits in any one kind of assurance to which he may be sickness. entitled from any society or societies of which he may be a member does not in the aggregate exceed the amount of two hundred pounds in one sum, or an annuity of fifty pounds per annum, or a sum in sickness of forty shillings per week: and in case such declaration shall not be true such members shall be liable to the penalties herein before provided in cases of fraud. Ib. s. 37. hand belonging c. 63 s. 20. 23. No trustee shall be liable to make good any deficiency Trustees not perwhich may arise in the funds of the society or be accountable upon sonally liable any covenant contract or agreement entered into by him with any they have in person whomsoever on account of such society, save to the extent to society. of the assets of the society then in his hands or within his control, 18 & 19 Vict. unless he shall have declared by writing under his hand to be deposited with the registrar that he is willing so to be answerable and such trustee may limit his responsibility to such sum as shall be specified in such writing. Provided that every trustee shall be personally responsible and liable for all moneys actually received by him on account of the society; and that upon every contract covenant No. 254. Officers of society receiving money 18 & 19 Vict. c. 63 s. 21. 28 VICTORIA, or agreement as aforesaid the trustees for the time being of such society shall be liable to the extent of the assets of the said society then in their hands or within their control in the same manner as if they had been party or privy to such contract covenant or agreement. 24. Every paid officer(a) or other person appointed to any office to give security. touching or concerning the receipt management or custody of any of the moneys of the society except the trustees thereof shall, before he be admitted to take upon him the execution of his office, become bound in a bond with two sufficient sureties for the just and faithful execution of such office and for rendering a just and true account thereof in such penal sum of money as by the committee of management shall be deemed expedient: and every such bond shall be given to the trustees of the said society or other officer duly authorised for the time being: and in case of forfeiture it shall be lawful for the trustees or the said officer for the time being of the society to sue upon such bond for the use of the society. Minors may be members with consent of parents or guardians. Ib. s. 15. Members and purchasers of land from trus able for non-ap 25. A minor may become a member of any society established or brought under the operation of this Act, and shall be empowered to execute all instruments give all necessary acquittances and enjoy all the privileges and be liable to all the responsibilities appertaining to members of mature age, notwithstanding his incapacity or disability in law to act for himself; provided that such minor be admitted into such society by and with the consent of his parents or guardians. 26. No member of any society registered under this Act or any of the said Acts hereby repealed, nor any purchaser of any tees not answer- land conveyed to any such member or purchaser by the trustees of plication of funds. such society, shall be obliged to enquire into the application of the funds of such society or into the application of the consideration money mentioned in any such conveyance, or be answerable or accountable for the misapplication non-application or loss thereof. Executors or assignees of officers of society entrusted with money dying or being insolvent to pay over all 27. If any person already appointed to or employed or to be hereafter appointed to or employed in any office in any society established under this or any of the said Acts hereby repealed and being entrusted with the keeping of the accounts or having in his hands or possession any moneys or effects belonging thereto or any deeds or securities relating to the same shall die or become a bankrupt or insolvent, or have any execution or attachment or other process issued against his lands goods chattels or effects or property or estate, or make any assignment disposition or other conveyance thereof for the benefit of his creditors, the heirs executors administrators or assigns or other assignees or legal representatives of such person or the sheriff or other officer executing such process shall upon demand made in writing by the treasurer or two of the trustees of the society deliver and pay over all moneys and other things 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 person all sums of money remaining due which such person received by virtue of his said office or employment before any (a) This includes a trustee.-Eastwood v. Scott, 2 V.R. (L.), 101. No. 254. other of his debts are paid or satisfied or before the money directed 28 VICTORIA, to be levied by such process as aforesaid or which may be recovered or recoverable under such process is paid over to the person issuing such process; and all such assets lands goods chattels property estates and effects shall be bound to the payment and discharge thereof accordingly.(a) each class of 28. In all societies established under this Act or any of the Separate account Acts hereby repealed all moneys received or paid on account of each to be kept for and every particular fund or benefit shall be kept separate and benefit. distinct, and shall be entered in a separate account distinct from the moneys received and paid on account of any other benefit or fund; and the moneys belonging to one benefit or fund shall not be used in any manner for the advantage or otherwise of any other benefit or fund. subscribe to 18 & 19 Vict. C. 29. Any society established under this Act or any of the Acts Trustees may hereby repealed may out of the funds thereof subscribe to any hospital &c. for hospital infirmary charitable or other provident institutions such benefit of society. annual or other sum as may be agreed upon by the committee of c. 63 . 39. management or by a majority of the members, in consideration of any member of such society his wife child or relation being eligible to receive the benefits of such hospital or other institution according to the rules thereof. paid directly to deceased 30. When on the death of any member of the society any sum Fifty pounds if not exceeding fifty pounds shall have become payable from the funds due may be thereof, the trustees of such society may pay or divide the sum so executor &c. of payable to such person as may appear to them to be legally entitled member. to the same according to the rules of such society, although no Ib. s. 31. probate of the will of such member or letters of administration of his estate and effects may be produced to such trustees, unless notice in writing of the existence of a will and intention to prove the same or to take out letters of administration shall be given to the said trustees within the period of ten days from the death of the member and unless such will is proved or letters of administration taken out within the period of one month from such death: and the receipt of such person shall be a valid legal discharge for the same; but such payment shall not invalidate any better claim to any such money subsequently made as against the party who shall have received the same from such society. disputes and 31. Every dispute between any member of any society estab- Decision of lished under this Act or any of the Acts hereby repealed or any enforcement. person claiming through or under such member and the trustees b. s. 40. treasurer or other officer or committee of management thereof shall 21 & 22 Vict. be decided in the manner directed by the rules; and the decision so made shall be binding and conclusive on all parties without appeal; and if either of the said parties shall refuse or neglect to comply with or conform to such decision, or if from any cause whatever no (a) In July a trustee of a Friendly Society received money on behalf of the society. In November he executed a deed of assignment for creditors. In the following February the trustees of the society demanded the money of the trustees of the creditors' deed. Held, that the pre c. 101 s. 5. sumption was that the trustee had not been guilty of embezzlement, and that therefore he still had the society's money when he executed the deed of assignment, and that the trustees as his assignees must now pay it over.-Eastwood v. Scott, 2 V.R.(L.), 101. No. 254. 28 VICTORIA, decision can be or no decision shall be made within forty days after complaint made by any such member or person to the secretary of the society, or if the rules shall direct such disputes to be decided by justices, then in any of the said cases any two justices may enforce such decision or hear and determine such dispute as the case may be and make such order thereupon for payment of money or otherwise as they may think fit; and if such decision or order shall direct any expelled member to be reinstated, it may also direct a sum of money to be paid to such member in default of such reinstatement; and if the sum of money awarded or the costs directed to be paid (such costs not to exceed the sum of twenty shillings) shall not be immediately paid, then such justices shall by warrant under their hands cause the same to be levied by distress and sale of the property of the party or society making default; but whatever sums shall be paid by any officer of the society or levied on his property in pursuance of any such order of any justices shall be repaid to him with all damages accruing to him by and out of the moneys belonging to such society or out of the first moneys which shall be thereafter received by such society; and no such sentence order or adjudication of any such justices shall be subject to appeal.(a) Expulsion of members. Power for socie 18 & 19 Vict. c. 63 s. 13. 32. If any member of any society established under this Act or any of the said Acts hereby repealed shall be unlawfully or unjustly expelled therefrom, any three justices upon the complaint of such expelled member may summon the trustees or the proper officers of such society before them for the purpose of hearing and determining the matter of such complaint; and if it shall be made to appear to such justices that such expulsion was illegal or unjust, they may order that he be forthwith restored or reinstated; and in such order they may direct and adjudge that the officer to whom the same is directed in case such order be not obeyed shall pay to thei complainant such sum of money as to the said justices may appear a fair compensation for such expulsion; and in such order the said justices may direct that if the same be not paid within a certain time therein mentioned, the amount thereof together with the costs not exceeding the sum of forty shillings shall be levied by distress and sale of the property of such society or of the officer to whom the order aforesaid shall be directed; and the said justices may if necessary afterwards enforce their said order by issuing their warrant of distress thereon accordingly.") 33. It shall be lawful for the members of any society to be ties to dissolve. established under this Act or of any society coming under its provisions as herein provided 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 (a) This section is applied to Industrial and Provident Societies by 37 Vict. No. 477 s. 18, "Friendly Societies (Industrial and Provident)," post. Disputes should be first heard by the lodge; and if there is any dissatisfaction there should be an appeal to other persons, appointed a kind of domestic tribunal within the society.-Barnes v. Hunter, A.R., 2 Sept. 1868. (b) Where a member has been suspended for misconduct and fined, and, after the period of suspension has expired, applies for re-admission to the society, tendering the amount of the fine and of the weekly contributions, &c., accruing both before and after, but not during the term of, suspension, the magistrates have no jurisdiction to make an order to reinstate such member under this section.—Ibid. |