opinion of a superior court in England, Scotland, or Ireland. The clause we have just cited relates, as we have seen, to disputes between individual members and a society. The next (23) makes provision for cases in which a portion of the members may be dissatisfied with the management, or may desire to have it investigated. It enacts that on the application of one-fifth of the whole number of members of a registered society, or of 100 members in the case of a society of 1,000 members and not exceeding 10,000, or of 500 members in the case of a society of more than 10,000 members, the chief registrar or the assistant-registrar of Scotland or Ireland (or, in the case of societies registered exclusively in Ireland or Scotland, the assistantregistrars for Ireland and Scotland respectively), but with the consent of the Treasury in every case, may appoint inspectors to examine into and report on the affairs of a society, or may call a special meeting of the society for the discussion of such matters as he may direct; and such meeting is to have all the powers of a meeting called according to the rules of the society, and is in all cases to have power to appoint its own chairman, notwithstanding any rule of the society to the contrary. Any application for the appointment of inspectors, or the holding of a special meeting, is to be supported by evidence that there are good grounds for making it, and that the applicants are not actuated by malicious motives and it is further provided that this section is not to apply to any society with branches unless : with the consent of the central body of such society. Registered societies are then (clause 24) empowered to do certain things by special resolutions; a special resolution being defined to be— "One which is passed by a majority of not less than three-fourths of such members of a society for the time being entitled under the rules to vote as may be present in person or by proxy (where the rules allow proxies) at any general meeting of which notice specifying the intention to propose such resolutions has been duly given according to the rules, and which resolution is confirmed by a majority of such members for the time being entitled under the rules to vote as may be present, in person or by proxy, at a subsequent general meeting of which notice has been duly given, held not less than fourteen days nor more than one month from the day of the meeting at which such resolution was first passed. At any meeting mentioned in this section a declaration by the chairman that the resolution has been carried shall be deemed conclusive evidence of the fact." By such a special resolution a society may, with the approval of the chief registrar (or, in the case of societies registered in Ireland or Scotland, of the assistant-registrar for Ireland and Scotland), change its name; or two or more societies may amalgamate; or a society may be converted into a company. All special resolutions must be registered in the manner and with the effect stated in the clause (see post, p. 82). And with respect to friendly societies, it is provided that no special resolution by any society for any amalgamation or transfer of engagements under this section is to be valid unless five-sixths in value (to be calculated as for dissolution) of the members assent thereto either (1) at the meetings at which such resolution is passed and confirmed, or (2) one of them, or (3) in writing, if such members were not present thereat; nor will it even then be valid without the written consent of every person for the time being receiving or entitled to any relief, annuity, or other benefit from the funds of the society, unless the claim of such person be first duly satisfied, or adequate provision be made for satisfying such claim. For the further provisions of this section, which does not apply to branches, see the clause itself, post, p. 86. The next point which we have to notice is the dissolution of societies. As to this it is enacted, by clause 25-the provisions of which do not, however, apply to any society having branches without the consent of the central body of such society-that a society may terminate or be dissolved in any of the following ways: (a.) Upon the happening of any event declared by the rules to be the termination of the society: (b.) As respects all societies other than friendly societies, by the consent of three-fourths of the members, testified by their signatures to the instrument of dissolution : (c.) As respects friendly societies, by the consent of five-sixths in value of the members (including honorary members, if any), testified by their signatures to the instrument of dissolution, and also by the written consent of every person for the time being receiving or entitled to receive any relief, annuity, or other benefit from the funds of the society, unless the claim of such person be first duly satisfied, or adequate provision made for satisfying such claim, and in the case of a branch society with the consent of the central body of the society, or in accordance with the general rules of the society: (d.) By the award of the chief registrar or assistantregistrars in the cases herein specified. Then the clause contains provisions as to the contents of the instrument of dissolution, to alterations in the instrument of dissolution, to the statutory declaration by which it is to be accompanied, to the vesting of the instrument of dissolution, and to publication of notice of its execution in the Gazette. It next regulates the manner in which the value of members of friendly societies is to be ascertained, and the number of votes which a member is to have; provides that no division or appropriation of the funds of a society is to be made otherwise than for the purpose of carrying into effect its objects, unless the claims of every member or person claiming relief, annuity, or other benefit from the funds be duly satisfied, or provision be made for satisfying it; that an officer or person aiding or abetting in the dissolution of a society, otherwise than as the Act provides, is on summary conviction to be liable to imprisonment for three months with hard labour; and that a member or claimant upon the funds of a dissolved society, who is dissatisfied with the provision made for meeting his claim, may appeal to the county court of the district. Finally, the clause regulates the mode in, and the terms upon, which a society may be dissolved, and its funds distributed, by an award of the registrar, if such funds, or the rates of contribution, are insufficient to meet the claims upon them (see post, p. 89). Clause 26 provides that militiamen, volunteers, &c., are not to lose the benefits on account of entering either of these branches of the service.* The limitation of benefits is the subject of clause 27, which provides that no member of a registered friendly society, or any person claiming through a member, shall be entitled to receive more than £200 by way of gross sum, or (except as provided by section 6 of the Act) † £30 a year by way of annuity, from any one or more of such societies; and any society may call for a statutory declaration from a member to this effect, the making of a false or fraudulent statutory declaration being a misdemeanour. One of the subjects most strenuously discussed in This clause applies both to registered and unregistered societies. |