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(a.) Omission to comply with this Act. (b.) Disobedience to lawful requisitions. (c.) False returns.

(7.) Responsibility of officers for offences of society.

(8.) Returns and other documents to be in form prescribed by the Registrar. (9.) Power to dispense with quinquennial return and valuation in certain cases. 13. (1.) Powers exercisable by the Registrar in the event of the assets of a society or branch appearing insufficient to meet its liabilities.

(2.) Society to make changes accordingly. (3.) Failure of Society to comply to be published.

(10.) Punishment for fraudulently obtaining, withholding, or misappropriating the property of a society.

(11.) Power to Local Court to order repayment by trustees of money applied in breach of trust.

(12.) Liability of trustees.

16. Power to dispose of land held by way of investment.

17. Power of trustees to transfer or take transfers of mortgages.

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PRIVILEGES.

14. Privileges of societies.

(1.) Burial of deceased members.

(2. Power to pay to nominee of deceased member sums not exceeding £50 without administration.

(3.) Power to distribute sums not exceeding £50 of intestate member without administration.

(4.) Payments to persons apparently en-
titled valid.

(5.) Payment on behalf of lunatics.
(6.) Priority of claims of society against its
officers on their insolvency.

(7.) Membership of minors.

(8.) Limitation of cost of certificate of birth or death.

(9.) Power for society to subscribe to hospitals, etc.

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LEGAL PROCEEDINGS.

21. Legal proceedings.

(1.) Trustees may bring or defend actions touching property, etc., of the society. (2.) Power to sue the society in the name of an officer who receives contributions.

(3.) Legal proceedings not to abate by
death, etc., of officer.

(4.) Service on society.
(5.) Limitation of liability.

22. (1.) Decision of disputes in the manner pro-
Ivided by the rules. Proviso.
(a.) Powers unless the rules forbid to

refer disputes to the Registrar. (b.) Powers of registrar as to evidence. (c.) When rules refer disputes to justices.

(d.) Decision of disputes in default of provision in or determination under the rules.

(e.) Power to Local Court justices and registrar to state case and compel discovery.

(2.)

Interpretation

of dispute between

members and the society, etc.

(3.) Decisions, how enforced.

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iii.

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(7.) Value of members, how ascertained. (8.) Claims to be satisfied before division of funds.

(9.) Punishment for illegal dissolution. (10.) Claimant not satisfied may apply to justice.

(11.) Dissolution by award.

(a.) Power to registrar on application
of members to make investigation.
(b.) Power to registrar on such investi-
gation to award a dissolution.
(c.) Powers of registrar.
(d.) Award to be final.

(e.) Dissolution of society unless award
impeached within three months after
Gazette notice by registrar.

(12) Notice of proceedings to set aside dissolution.

(13.) Society with branches.

28. Penalties.

(1.) For falsification of documents. (2.) When no other penalty provided. (3.) Prosecution of offences and recovery

of penalties.

29. Power to societies to impose penalties on their officers and members.

30. Evidence.

EVIDENCE.

31. Printed copies of rules in use in a society to be evidence.

32. Certificates of the appointment and retirement of trustees to be evidence. Fifth Schedule.

33. (1.) Registrar's certificate evidence of trustees. Sixth Schedule.

(2.) Registration of trustees at Office of Titles.

34. Evidence of registration. Seventh Schedule. Eighth Schedule. Ninth Schedule.

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iv.

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FRIENDLY SOCIETIES.

58 Vict. No. 23.

As amended by No. 34 of 1904, No. 8 of 1913,* No. 6 of 1917, No. 13 of 1918, No. 3 of 1920, and No. 48 of 1923.

AN ACT to consolidate the Law relating to Friendly
Societies.

B1

[Assented to 23rd November, 1894.]

E it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:--

Preliminary.

1. This Act may be cited as the Friendly Societies Act, 1894-1923, and shall come into operation on the first day of January, one thousand eight hundred and ninety-five.

Short title and
No. 48 of 1923, s. 23.

commencement.

First Schedule.

2. The Acts mentioned in the First Schedule to this Act Repeal. are hereby repealed: Provided that such repeal shall not affect the establishment of any society or branch, or the validity of any rules duly confirmed or other documents registered, or the appointment of any officer of a society or branch, or any contract entered into, or any matter or thing lawfully done under the said Acts or any of them, before the commencement of this Act.

to existing socie

3. (1.) All societies and branches established at the time Application of Act of the coming into operation of this Act, under the Ordinance ties, etc. to regulate Friendly Societies hereby repealed, and all rules and other documents relating to any such society or branch registered under the said Ordinance, shall be deemed to be registered under this Act, and this Act shall apply to them accordingly.

* Proclaimed to commence 12th January, 1914. 6th January, 1914. q 8683/24.

"Government Gazette,"

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(2.) All acts, matters, or things commenced under such Ordinance may be completed under this Act; and this Act shall apply to all acts, matters, and things commenced under such Ordinance and completed under this Act as if they had been wholly carried out under this Act.

(3.) Notwithstanding the repeal of the said Ordinance to regulate Friendly Societies, such of the provisions thereof as are applicable to the purpose of any benefit building society established or hereafter to be established under "An Ordinance for the Regulation of Benefit Building Societies," passed in the 27th year of the reign of Her present Majesty, and numbered seven, and to the framing, certifying, allowing and enrolling and altering the rules of any such society, shall continue to extend and apply to such benefit building society and the rules thereof.

4. In this Act, if not inconsistent with the context, the following terms have the meanings hereinafter respectively assigned to them:

"Amendment of rule" includes a new rule and a resolu-
tion rescinding a rule.

"Branch" means any number of the members of a so-
ciety, under the control of a central body, having a
special fund administered by themselves or by a com-
mittee or officers appointed by themselves.
"Gazette" means the Government Gazette of Western
Australia.

"Meeting" includes

" includes (when the rules of a society so allow) a meeting of delegates appointed by members. "Officer" extends to any trustee, treasurer, secretary, or member of the committee of management of a society, or to any person or persons appointed to manage any hall or building erected by such society, or person appointed by a society to sue and be sued on its behalf.

"Persons claiming through a member" includes the ex-
ecutors, administrators, and assigns of a member,
and also his nominees when nomination is allowed.
"Property" means all real and personal estate (includ-
ing books and papers).

"Registered society" or "registered branch" means a
society or branch registered or deemed to be regis-
tered under this Act.

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