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account of all moneys received and paid by him on account of the society at such times as its rules appoint, or as the society or the trustees or committee of management thereof require him to do so, and for the payment by him of all sums due from him to the society.
(2.) Every officer, his executors or administrators, shall, at such times as by the rules of the society he should render account, or upon demand made, or notice in writing given or left at his last or usual place of residence, give in his account as may be required by the society, or by the trustees or committee of management of the society, to be examined and allowed or disallowed by them, and shall, on the like demand or notice, pay over all moneys and deliver all property for the time being in his hands or custody to such person as the society, or the committee of management, or the trustees appoint; and in case of any neglect or refusal to deliver such account, or to pay over such moneys, or to deliver such property in manner aforesaid, the trustees or authorized officers of the society may sue upon the bond or security before mentioned, or may apply to the county court (which may proceed in a summary way), or to a court of summary jurisdiction, and the order of either such court shall be final and conclusive.*
21. Legal proceedings.-With respect to legal proceedings against registered societies, the following proisions shall have effect ::
(1.) The trustees of any society or branch, or any other officers authorized by the rules thereof, may
The treasurer of a society has been hell not liable for moneys received by him on account of the society of which he was robbed by violence, and without any fault of his own. (Walker v. The Eritish Guarantee Association, 18 Q. B. 279.)
bring or defend, or cause to be brought or defended, any action, suit, or other legal proceeding in any court whatsoever, touching or concerning any property, right, or claim of the society or branch, as the case may be, and shall sue and be sued, implead and be impleaded, in their proper names, without other description than the title of their office.
(2.) In legal proceedings which may be brought under this Act by a member or person claiming through a member, the scciety may also be sued in the name, as defendant, of any officer or person who receives contributions or issues policies on behalf of the society within the jurisdiction of the court in which the legal proceeding is brought, with the addition of the words "on behalf of the society" (naming the same).
(3.) No legal proceeding shall abate or be discontinued by the death, resignation, or removal from office of any officer, or by any act of such officer, after the commencement of the proceedings.
(4.) The summons, writ, process, or other proceeding to be issued to or against the officer or other person sued on behalf of a society shall be sufficiently served by personally serving such officer or other person, or by leaving a true copy thereof at the registered office of the society, or at any place of business of the society within the jurisdiction of the court in which the proceeding is brought, or, if such office or place of business be closed, by posting such copy on the outer door of the same; but in all cases where the said summons, writ, process, or other proceeding shall not be served by means of such personal service or by leaving a true copy thereof at the registered office of the society, a copy thereof shall be transmitted addressed to the committee of management at the registered office of the society, and the same shall be enclosed in a registered letter posted at least six days before any
further step shall be taken on such summons, writ, process, or other proceeding.
22. Disputes.- Every dispute between a member or person claiming through a member or under the rules of a registered society, and the society or an officer thereof, shall be decided in manner directed by the rules of the society, and the decision so made shall be binding and conclusive on all parties without appeal, and shall not be removable into any court of law or restrainable by injunction; and application for the enforcement thereof may be made to the county court.† Provided as follows:
(a.) The parties to a dispute in a society may, by consent (unless the rules of such society expressly forbid it), refer such dispute to the chief registrar, or to the assistant-registrar in Ireland or Scotland, who shall, with the consent of the Treasury, either by himself. or by any other registrar, hear and determine such dispute, and shall have power to order the expenses of determining the same to be paid either out of the funds of the society or by such parties to the dispute as he shall think fit, and such determination and order
This provision as to the reference of disputes has the effect, so far as regards such disputes, of excluding the jurisdiction of the Supreme Court of Judicature. (Crisp v. Bunbury, 8 Bing. 374; Timms v. Williams, 3 Q. B. 413.) It will be seen subsequently that, by section 30, sub-section 10, where a friendly society or industrial assurance company receives contributions at a greater distance than ten miles from the registered office, by means of collectors, a dispute between the society and a member or person assured may, notwithstanding any provision in the rules to the contrary, be referred to the county court, or court of summary jurisdiction.
+ See post, clause 34, p. 106, as to the regulation of proceedings in county courts.
shall have the same effect and be enforceable in like manner as a decision made in the manner directed by the rules of the society: (b.) The chief or other registrar to whom any dispute is referred may administer oaths, and may require the attendance of all parties concerned, and of witnesses, and the production of all books and documents relating to the matter in question; and any person refusing to attend, or to produce any documents, or to give evidence before such chief or other registrar, shall be guilty of an offence under this Act:
(c.) Where the rules of a society direct that disputes shall be referred to justices, the dispute shall be determined by a court of summary jurisdiction:*
Provided that in every case of dispute cognizable under the rules of a society by a court of summary jurisdiction, it shall be lawful for the parties thereto to enter into a consent referring such dispute to the county court, which may hear and determine the • matter in dispute:
(d.) Where the rules contain no direction as to disputes, or where no decision is made on a dispute within forty days after application to the society for a reference under its rules, the member or person aggrieved may apply either to the county court, or to a court of summary jurisdiction, which may hear and determine the matter in dispute:
(e.) The court, chief or other registrar, may, at
the request of either party, state a case for
As to what is a court of summary jurisdiction for the purposes of the present Act, see post, clause 33, pp. 103, 104.
the opinion in England of the Supreme Court of Judicature, in Scotland of either division of the Inner House of the Court of Session, or in Ireland of one of the superior courts of common law at Dublin, on any question of law, and may also grant to either party such discovery as to documents and otherwise, or such inspection of documents, and in Scotland may grant warrant for the recovery of documents and examination of havers, as might be granted by any court of law or equity, such discovery to be made on behalf of the society by such officer of the same as such court or registrar may determine.
23. Special powers of registrars to be exercised on application from members.-Upon the application of one-fifth of the whole number of members of a registered society, or of one hundred members in the case of a society of one thousand members and not exceeding ten thousand, or of five hundred members in the case of a society of more than ten thousand members, the chief registrar, or the assistant-registrar for Scotsand or Ireland, or in cases of societies registered and duing business exclusively in Ireland or in Scotland the assistant-registrars for Ireland and Scotland respectively, but with the consent of the Treasury in every
(1.) Appoint one or more inspectors to examine into the affairs of such society, and to report thereon, who may require the production of all or any of the books and documents of the society, and may examine on oath its officers, members, agents, and servants in rela