manner of such inspection as may be made from time to time by the general meetings of the society, except that no such member or person, unless he be an officer of the society, or be specially authorized by a resolution thereof, shall have the right to inspect a loan or deposit account of any other member without the written consent of such member: (f) Supply gratuitously to every member or person interested in the funds of the society, on his application, a copy of the last annual return of the society for the time being: (g.) Keep a copy of the last balance sheet for the time being, together with the report of the auditors, always hung up in a conspicuous place at the registered office of the society. (2.) It shall be an offence under this Act if any registered society(a.) Fails to give any notice, send any return or document, or do, or allow to be done, any act or thing which the society is by this Act required to give, send, do, or allow to be done : (b.) Wilfully neglects, or refuses to do, any act, or to furnish any information required for the purposes of this Act by the Registrar, or other person authorized under this Act, or does any act or thing forbidden by this Act: (c.) Makes a return, or wilfully furnishes information in any respect false or insufficient: (3.) Every offence by a society under this Act shall be deemed to have been also committed by every officer of the same bound by the rules thereof to fulfil the duties whereof such offence is a breach, or if there be no such officer, then by every member of the committee of the same, unless such member be proved to have been ignorant of or to have attempted to prevent the commission of such offence; and every act and default under this Act constituting an offence, if continued, shall constitute a new offence in every week during which the same continues: (4.) Every return and other document required for the purposes of this Act shall be made in such form, and shall contain such particulars as the Registrar requires and prescribes : (5.) All documents by this section required to be sent to the Registrar shall be deposited with the rules of the society to which the same respectively relate, and shall be registered or recorded by the Registrar, with such observations thereon, if any, as he shall see fit. Privileges of societies. 8. Registered societies shall be entitled to the following privileges:(1.) The registration of a society shall render it a body corporate by the name described in the acknowledgment of registry, by which it may sue and be sued with perpetual succession, and a common seal, and with limited liability; and shall vest in the society all property for the time being vested in any person in trust for the society; and all legal proceedings pending by or against the trustees of such society may be prosecuted by or against the society in its registered name without abatement : (2.) The rules of the society shall bind the society and all members (3.) All moneys payable by a member to the society shall be a debt (5.) If any member of a society entitled at his death to an interest intestate, and without having made any nomination under this Act, which remains unrevoked at his death, such interest shall be transferable or payable without letters of administration to or among the persons who appear to a majority of the committee, upon such evidence as they may deem satisfactory, to be entitled by law to receive the same : (6.) Whenever the committee, after the decease of any member, make any payment or transfer to any person who at the time appears to them to be entitled under this section, the payment or transfer shall be valid and effectual against any demand made upon the committee or the society by any other person: (7.) A person under the age of twenty-one, but above the age of sixteen, may be a member of a society, unless provision be made in the rules thereof to the contrary, and may, subject to the rules of the society, enjoy all the rights of a member (except as herein provided), and execute all instruments, and give all acquittances necessary to be executed or given under the rules, but shall not be a member of the committee, trustee, manager, or treasurer of the society: (8.) A promissory note or bill of exchange shall be deemed to have been made, accepted, or endorsed on behalf of any society if made, accepted, or endorsed in the name of the society, or by or on behalf or account of the society by any person acting under the authority of the society : (9.) Any register or list of members or shares kept by any society shall be primâ facie evidence of any of the following particulars entered therein : (a.) The names, addresses, and occupations of the members, the number of shares held by them respectively, the numbers of such shares, if they are distinguished by numbers, and the amount paid, or considered as paid, on any such share: (b.) The date at which the name of any person, company, or society was entered in such register or list as a member: (c.) The date at which any such person, company, or society ceased to be a member: (10.) Contracts on behalf of the society may be made, varied, or discharged as follows: (a.) Any contract which, if made between private persons would be by law required to be in writing and under seal, may be made on behalf of the society in writing under the common seal of the society, and may in the same manner be varied or discharged : Provisions as to may (b.) Any contract which, if made between private persons (d.) A signature purporting to be made by a person holding the signature of a person holding at the time when the signature was made the office so stated: And all contracts which may be, or have been, made, varied, or discharged according to the provisions herein contained, shall so far as concerns the form thereof be effectual in law and binding on the society, and all other parties thereto. 9. With respect to the property and funds of registered societies the property and funds. following provisions shall have effect: (1.) A society may (if its rules do not direct otherwise) hold, purchase, or take on lease in its own name any land, and may sell, exchange, mortgage, lease or build upon the same, and no purchaser, assignee, mortgagee, or tenant shall be bound to enquire as to the authority for any such sale, exchange, mortgage, or lease by the society, and the receipt of the society shall be a discharge for all moneys arising from or in connection with such sale, exchange, mortgage, or lease: (2.) The rules may provide for the advancing of money by the society to members on the security of real or personal property: (3.) A society may, if its rules so allow, invest any part of its capital in the shares or on the security of any other society registered under this Act, or under any Act relating to Joint Stock Companies for the time being in force in this Province, or incorporated by statute: Provided that no such investment be made in the shares of any society or company other than one with limited liability, and a society so investing may make such investment in its registered name : (4.) Any other body corporate may, if its regulations permit, hold shares by its corporate name in a society registered under this Act: (5.) In the rules, or any schedules thereto, may be set forth the forms of conveyance, mortgage, transfer, agreement, bond or other instrument necessary for carrying the purposes of the society into effect: (6.) The profits of the society may be applied to any lawful purpose: (7.) A receipt under the hands of two members of the committee of the society, countersigned by the secretary, in the form contained in the third schedule to this Act, or in any form specified by the rules of the society, or any schedule thereto, for all moneys secured to the society by any mortgage or other assurance endorsed upon or annexed to such mortgage or other assurance, shall vacate the same, and shall vest the property therein described in the person entitled to the equity of redemption of the same without any reconveyance: The Registrar or Recording Officer under the "Land Registry Act" shall, on production of such receipt, enter satisfaction in the "Satisfaction Book," and shall cancel the entry made against the registration of the fee: (8.) If any person obtains possession by false representation or imposition of any property of a society, or having the same in his possession, withholds or misapplies the same, or wilfully applies any part thereof to purposes other than those expressed or directed in the rules of the society and authorized by this Act, he shall, on the complaint of the society, or of any member authorized by the society or the committee thereof, or of the Registrar, be liable on conviction before any Justice of the Peace having jurisdiction, or any Magistrate having the powers of two Justices under the "Summary Convictions Act," to a penalty not exceeding one hundred dollars and costs, and in default of payment thereof, with costs, to imprisonment for a term not exceeding three calendar months; but nothing herein contained shall prevent any such person from being proceeded against by way of indictment, if not previously convicted of the same offence under the provisions of this Act. 10. With respect to officers of any registered society having receipt or Provisions as to charge of moneys, the following provisions shall have effect: (1.) Every officer, if the rules of the society require, shall, before taking upon himself the execution of his office, become bound, either with or without a surety as the committee require, in a bond according to the form set out in the second schedule to this Act, or such other form as the committee of the society approve, in such a sum as the committee directs, conditioned for his rendering a just and true account of all moneys received and paid by him on account of the society at such times as its rules officers holding posi tions of trust. |