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SECOND SCHEDULE, OF PROPERTIES.

Reference to map or plan (if any).

Description of the properties conveyed.

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Signed, sealed, and delivered by the above-named mortgagor in the presence of

In the case of advancing money on the security of leasehold property a special form of mortgage would be required, and this could only be prepared on perusal of the deed relating to the particular property.

SECTION 41.-Societies Members of other Bodies Corporate
may vote by Proxy.

A society which has invested in the shares or on the
security of any other body corporate may appoint as
proxy any one of its members, although such member is
not personally a shareholder of such other body corporate.

This section embodies the provisions of the Companies Clauses Consolidation Act, 1888, which enables societies to overcome the difficulty they formerly experienced in

regard to attendance and voting at the meetings of other bodies corporate in which they had funds invested. Formerly, in regard to all bodies corporate, such as railway and other companies which had adopted the Companies Clauses, a society could only exercise its voting power by appointing as its proxy some person who was himself a shareholder in the body corporate in which the funds were invested and to which the voting power related. In view of the large sums belonging to co-operators which have found investment in railway and other companies, it was considered to be a great injustice that societies could not be directly represented by proxies belonging to themselves, and of their own selection; therefore the Companies Clauses Consolidation Act of 1888 was passed to remedy this injustice, and its main provisions have been included in the present Act. The above-mentioned Act of 1888 provides forms for appointment of proxies. The full text is as follows:

COMPANIES CLAUSES CONSOLIDATION ACTS, 1888 AND 1889.

Acts to amend the Companies Clauses Consolidation Act, 1845, in respect to voting by Proxy.

(51 and 52 Vict., c. 48, and 52 and 53 Vict., c. 37.)

Be it 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:

1. This Act may be cited as the Companies Clauses Consolidation Act, 1888, and the Companies Clauses Consolidation Act, 1845, and this Act may be cited together as the Companies Clauses Consolidation Acts, 1845 and 1888; and this Act shall be construed together with the said Act as part thereof. 2. To section 76 of the Companies Clauses Consolidation Act, 1845, the following words shall be added :— "Provided, that where the shareholder is a body corporate, the proxy may be any member of such body, though not personally a shareholder in the company."

3. Such a proxy shall, during the continuance of his appointment, be taken in virtue thereof to be a shareholder in the company to which his appointment relates, holding the number of shares held by the corporation by whom he is appointed, for all purposes except the transfer of any such share or the giving receipts for any dividend thereon.

4. The appointment may be made and revoked in the following form:

FORMS OF PROXY PAPERS.

(1). General Appointment.

We, the

being a

body corporate, and one of the proprietors of
the
company, hereby appoint
A.B., of
, who is hereby
certified to be a member of this corporation, to
be our proxy, to vote in our name as he shall
think proper upon any matter relating to the
several undertakings proposed at any meeting
of the said company to be held during the
continuance of this appointment, and otherwise
to be our representative in such company.

In witness whereof the common seal of the said
corporation, attested as is required by its
regulations, is hereto set this

of

(2). Revocation of General Proxy.

day

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In witness whereof the common seal of the said

corporation, attested as is required by its regulations, is set hereto the

of

day

(An i strument in this form shall not require any stamp.)

(3). Special Appointment.

We, the

being a

body corporate, and one of the proprietors of

the

company, do hereby

who is

a member of this

appoint A.B., of
hereby certified to be
corporation, to vote in our name as he shall
think proper upon any matter relating to the
said undertaking proposed at the meeting of
the proprietors of the said company, to be held
on the
day of

or at any adjournment thereof.

next,

In witness whereof the common seal of the said corporation, attested as is required by its regulations, is set hereto this

day

of

SECTION 42.-Body Corporate may hold Shares in a Society.

Any society, company, or other body corporate may hold shares by its corporate name in a society, if its regulations permit; but, except in the case of a society, may not hold more than £200.

SECTIONS 43, 44, 45, AND 46.-Mortgages and Receipts in Discharge.

IN ENGLAND AND WALES, AND IRELAND.

(1). On the discharge of a mortgage, a receipt in full, signed by two members of the committee, and countersigned by the secretary of a registered society, endorsed on or annexed to any mortgage or assurance, shall vacate the said mortgage and vest the property therein cmprised in the person entitled to the equity of redemption thereof without any formal reconveyance or surrender, and such receipt is exempt from stamp duty, provided it is made in the form prescribed by Form A of the third schedule to this Act, or in some other form specified in the registered rules of the society.

FORM A.-SCHEDULE III.

"Forms of Receipt to be Endorsed on Mortgage or Further Charge.

The

Limited, hereby acknowledges to have received all moneys intended to be secured by the within (or above) written deed. Dated this

day of

Members

of the Committee.

Secretary."

(2). If such mortgage has been registered or recorded, or is of copyholds or lands of customary tenure and is entered on any court rolls, the Registrar, recording officer, steward, or keeper of the register is required, under the conditions named in the Act, to acknowledge such receipt and to grant a certificate in accordance therewith, on payment of a fee of 2s. 6d.

IN SCOTLAND.

(1). A receipt given in one of the forms mentioned below, as prescribed in Schedule III. of this Act, if endorsed on or annexed to any security, such will effectively operate as a renunciation and discharge of security held by a society in connection with any heritable security, absolute conveyance, disposition, or other assurance, and will re-vest the property therein comprised in the person or persons cntitled to the same, provided that in each case the form prescribed for that particular kind of security must be used and no other.

FORM B.-SCHEDULE III.

In the case of a heritable security other than by way of an ex-facie or other absolute conveyance:—

"The

Limited, acknowledges to have received all moneys intended to be secured by the bond and disposition in security, dated the and recorded on the the register of Sasines for

in for the sum

of £
nation] in favour of the said society.

granted by A. [insert name and desig

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