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ment or award, the society shall be considered for all intents and purposes, and in all courts of law and equity, as legally dissolved, and the requisite consents to such agreement, or, as the case may be, to the application to the Registrar, to have been duly obtained, without proof of the signatures thereto.

NOTE.-Friendly Societies are within the provisions of the Joint-Stock Companies Winding-up Acts (in re the National Industrial and Provident Society, 9 Weekly Rep. 774; 30 L. J. chy. 940); and having any endowment, will come under the provisions of the Charitable Trusts Act, 1853, the 62nd section of that Act exempting only such societies as are wholly maintained by voluntary contributions.

ᏢᎪᎡᎢ X.

25TH & 26TH VICTORIA, CHAPTER 87.

AN ACT TO CONSOLIDATE AND AMEND THE LAWS RELATING ΤΟ INDUSTRIAL AND PROVIDENT

SOCIETIES.-7th

August, 1862.

15 & 16 Vic. c. 31.

WHEREAS by the Industrial and Provident Societies' Act, 1852, it is enacted, that it shall be lawful for any number of persons to establish a society under the provisions thereof and of the therein-recited Act, for the purpose of raising by voluntary subscriptions of the members thereof, a fund for attaining any purpose or object, for the time being, authorised by the laws in force with respect to Friendly Societies, or by the said recited Act, by carrying on or exercising in common any labour, trade, or handicraft, or several labours, trades, or handicrafts, except the working of mines, minerals, or quarries beyond the limits of the United Kingdom of Great Britain and Ireland, and also except the business of banking, whether in the said United Kingdom or elsewhere; and that the said Act shall apply to all societies already established for any of the purposes herein mentioned, so soon as they shall conform to the provisions hereof: And whereas by an Act passed in the 17th & 18th Vic. c. 25, various 17 & 18 Vic. provisions were made for the better enabling legal proceedings to be carried on in any matter concerning the societies formed under the said Act of 1852: And whereas the last-mentioned Act was amended by an Act passed in the first session of the 19th & 20th Vic.

c. 25.

c. 40.

c. 40: and whereas various societies have been formed, 19 & 20 Vic. and are now carrying on business under the provisions of the said recited Acts, and it is desirable to consolidate and amend the laws relating to such societies: 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 :—

Recited Acts

1. The Industrial and Provident Societies' Act, 1852, and the said recited Acts for the amendment repealed. hereof, are hereby repealed from the passing of this Act.

2. All societies registered under the Industrial and Provident Societies' Act, 1852, shall be entitled to obtain a Certificate of registration, on application to the Registrar of Friendly Societies, and for which Certificate no fee shall be payable to the Registrar.*

As to societies registered under recited Acts.

Constitution

of societies

3. Any number of persons, not being less than seven, may establish a society, under this Act, for the purpose of carrying on any labour, trade, or handiunder this craft, whether wholesale or retail, except the working of mines and quarries, and except the business of banking, and of applying the profits for any purposes allowed by the Friendly Societies' Acts, or otherwise permitted by law.

Act.

4. The Rules of every such society shall contain provisions in respect of the several matters menRules. tioned in the schedule annexed to this Act.

*Trustees of a Provident Society formed under 15 & 16 Vic. c. 31, but not registered under 25 & 26 Vic. c. 87, cannot be sued in an action commenced after the passing of the latter Act, as the previous Act is absolutely repealed by it without any saving clause. Toutill v. Douglas, 33, L. J., Q. B., p. 66.

5. Two copies of the Rules shall be forwarded to the Registrar of Friendly Societies of England, Scotland, or Ireland, according to the place where the office of the society is situate, and shall be dealt with by him in the manner provided by the Friendly Registration Societies' Act, 1855; and he shall thereupon of society. give his Certificate of registration, and such Certificate shall in all cases be conclusive evidence that the society has been duly registered, and thereupon the members of such society shall become a body corporate, by the name therein described, having a perpetual succession and a common seal, with power to hold lands and buildings with limited liability.

Certificate of Registra

on to rest

6. 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.

all property in society

now held in

trust for society.

Copy of Rules

7. A copy of the Rules shall be delivered to be delivered by the society to every person, on demand,

to persons on demand.

on payment of a sum not exceeding one shilling.

by same

8. No society shall be registered under a name identical with that by which any other existing society has been registered, or so nearly resembling No society to such name as to be likely to deceive the be registered members or the public, and the word name as that of any exist"Limited" shall be the last word in the ing society. name of every society registered under this Act. 9. No member shall be entitled, in any society interests registered under this Act, to hold or claim any interest exceeding the sum of £200.

D

Member's

limited to

£200.

Publication

10. 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 of name by a business of the society is carried on, in a consociety. spicuous 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.

Penalties on

tion of name, &c.

11. 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 non-publica- penalty not exceeding £5, 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 authorises the issue of any notice, advertisement, or other official publication of such society, or signs or authorises to be signed on behalf of such society, any bill of exchange, promissory note, endorsement, cheque, order for money or goods, or issues or authorises 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 £50, and shall further be personally liable to the holder of any such bill of exchange, promissory note, cheque, or order for money or goods, for

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