PART III.

THE APPOINTMENT OF OFFICERS AND MEMBERS, THEIR RIGHTS, DUTIES, AND LIABILITIES.

SEC. 17. Every Friendly Society established under this Act shall, at some meeting of its members, and by Trustees, how a resolution of a majority of the members then appointed. present, nominate and appoint one or more person or persons to be trustee or trustees for the said society; and the like in case of any vacancy in the said office, and a copy of the resolution so appointing such person or persons to the office of trustee, and signed by the trustee or trustees so appointed, and by the secretary of the said society, shall be sent to the Registrar, to be by him deposited, with the Rules of the society, in his custody; provided that, where no trustee shall have been appointed to any society established under any one of these Acts hereby repealed, the treasurer thereof, or other person, who has custody of the moneys of such society shall be taken to be as trustee within the meaning of this Act.

Minors may

SEC. 15. A person under the age of twenty-one may be elected or admitted as a member of any society established under this Act, or any of the Acts be elected hereby repealed, the Rules of which do not prohibit such election; and may, and he is hereby empowered to, execute all necessary instruments, and to give all necessary acquittances. Provided always that during his nonage he shall not be competent to

members.

hold any office of director, trustee, treasurer, or manager of such society.

SEC. 18. All real and personal estate whatsoever, belonging to any such society established under this Act, or any of the Acts hereby repealed, shall Property of

vested in

be vested in such trustee or trustees for the society time being, for the use and benefit of such trustees. society, and the members thereof; and the real or personal estate of any branch of a society shall be vested in the trustees of such branch, and be under the control of such trustee or trustees, their respective executors or administrators, according to their respective claims and interest, and upon the death or removal of any such trustee or trustees, the same shall vest in the succeeding trustee or trustees, for the same estate and interest as the former trustee or trustees had therein, and subject to the same trusts without any conveyance or assignment whatsoever, save and except in the case of stocks and securities in the public funds of Great Britain and Ireland, which shall be transferred into the name or names of such new trustee or trustees; and in all actions, or suits, or indictments, or summary proceedings before magistrates touching or concerning any such property, the same shall be stated to be the property of the person or persons for the time being holding the said office of trustee in his or their proper name or names as trustees of such society, without any further description.

SEC. 19. The trustee or trustees of any such society are hereby authorised to bring or defend, or cause to be brought or defended, any action, suit, or prosecution, in any court of law or equity, by or against touching or concerning the property, right,

Actions, &c.,

them.

or claim to property of the society for which he or they

are such trustee or trustees as aforesaid; and such trustee or trustees shall and may in all cases concerning the real or personal property of such society, sue and be sued, plead and be impleaded, in any court of law or equity, in his or their proper name or names as trustee or trustees of such society, without other description; and no such action, suit, or prosecution, shall be discontinued, or shall abate by the death of such person, or his removal from the office of trustee, but the same shall and may be proceeded in by or against the succeeding trustee or trustees, as if such death or removal had not taken place; and such succeeding trusteè or trustees shall pay or receive the like costs as if the action, or suit, or prosecution had been commenced in his or their name or names for the benefit of, or to be reimbursed from, the funds of such society. Provided, nevertheless, that no trustee or trustees of any such society shall be liable to make good any deficiency which may arise or happen in the funds of such society, but shall be liable only for the moneys which shall be actually received by him or them on account of such society.

Limitation of their responsibility.

An officer to

against on

behalf of a society.

By Sec. 7 of the Act 21 and 22, Vic. c. 101, it is enacted that, in any proceeding under the said recited Act or this Act against a society, it shall be be proceeded sufficient to make the secretary or other officer of the society at the time of the plaint or complaint being entered or made, the defendant in such proceeding, by his name and the title of the office he holds in the society; and the proceedings on such plaint or complaint shall be commenced and carried on against such officer on behalf of the society, and shall not be abated or prejudiced by the death, resignation, or removal, or by any act of such officer after the com

mencement thereof; and the summons to be issued to such officer may be served by leaving the same at the usual place of business of the society.

SEC. 21. The treasurer of every such society, and every treasurer hereafter appointed in any society established under any of the repealed Acts, or any Treasurer to other officer who is required by the Rules to give security. give security, shall, before he take upon himself the execution of his office, become bound with one sufficient surety in a bond to give the security of a guarantee society established in London, in such penal sum as the society or the committee of management shall direct and appoint, conditioned for his just and faithful execution of his said office of treasurer, and for rendering a just and true account of all moneys received or paid by him on account of the said society at such times as the Rules of the said society shall direct and appoint, and at such times as he shall be required so to do by the trustee or trustees of the said society, or by a majority of the said committee of management, or by a majority of the members present at any meeting of such society; and every such bond shall be given to the trustee or trustees of the said society for the time being; and if the same shall at any time become forfeited, it shall be lawful for such trustee or trustees for the time being to sue upon such bond for the use of such society, and in Scotland such bond shall have the same force and effect as a bond there in use duly attested and com- . pleted, and containing a clause of registration for execution as well as for preservation in the Books of Council and Session and other judges' books competent, and shall be registered in such books accordingly with a view to diligence.

SEC. 22. Every such treasurer or other officer, whether

account.

appointed before or after the passing of this Act, at such times as by the Rules of such society he should Treasurer to render such account as aforesaid, or upon being required so to do by the trustee or trustees of such society, or by a majority of the said committee of management, or by a majority of the members present at a meeting of the said society as aforesaid, within seven days after such requisition, shall render to the trustee or trustees of the society, or to the said committee of management, or to the members of such society at a meeting of the society, a just and true account of all moneys received and paid by him since he last rendered the like account, and of the balance then remaining in his hands, and of all bonds or securities of such society, which account the said trustee or trustees or committee of management shall cause to be audited by some fit and proper person or persons by them to be appointed; and such treasurer, if thereunto required, upon the said account being audited, shall forthwith hand over to the said trustee or trustees the balance which on such audit shall appear to be due from him, and shall also, if required, hand over to such trustee or trustees all securities and effects, books, papers, and property of the said society in his hands or custody; and if he fail to do so the trustee or trustees of the said society may sue upon the bond aforesaid, or may sue such treasurer in the county court of the district, or in any of the superior courts of common law, or in any court having jurisdiction, for the balance appearing to have been due from him upon the account last rendered by him, and for all the moneys since received by him on account of the said society, and for the securities and effects, books, papers, and property in his hands or custody, leaving to him to set off in such action the