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and such rules shall have the effect of, and be deemed to be general orders of the Court.
25 & 26 VICT. c. 87.
An Act to consolidate and amend the Laws relating to Industrial and Provident Societies.
[7th August, 1862.]
WHEREAS by the Industrial and Provident Societies Act, 15 & 16 Viet. 1852, it is enacted, that it shall be lawful for any number of c. 31. persons to establish a society under the provisions thereof and of the therein recited Act, for the purpose of raising by voluntary subscriptions of the members thereof a fund for attaining any purpose or object for the time being authorized by the laws in force with respect to friendly societies or by the said recited Act, by carrying on or exercising in common any labour, trade, or handicraft, or several labours, trades, or handicrafts, except the working of mines, minerals, or quarries beyond the limits of the United Kingdom of Great Britain and Ireland, and also except the business of banking, whether in the said United Kingdom or elsewhere; and that the said Act shall apply to all societies already established for any of the purposes herein mentioned, so soon as they shall conform to the provisions hereof: And whereas by an Act passed in the 17th and 18th 17 & 18 Vict. years of her present Majesty, cap. 25, various provisions c. 25. were made for the better enabling legal proceedings to be carried on in any matter concerning the societies formed
under the said Act of 1852: And whereas the last men- 19 & 20 Vict. tioned Act was amended by an Act passed in the first ses- c. 40. sion of the 19th and 20th years of her present Majesty, cap. 40: And whereas various societies have been formed and are now carrying on business under the provisions of the said recited Acts, and it is desirable to consolidate and amend the laws relating to such societies: Be it therefore 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. The Industrial and Provident Societies Act, 1852, and Recited Acts the said recited Acts for the amendment thereof, are hereby repealed. repealed from the passing of this Act.
As to So
2. All societies registered under the Industrial and Procieties regis- vident Societies Act, 1852, shall be entitled to obtain a cerrecited Acts. tificate of registration on application to the Registrar of Friendly Societies, and for which certificate no fee shall be payable to the registrar.
Constitution of Societies under this
to vest all property in
held in trust for Society.
Copy of rules to be deli
vered to persons, on de
name as that
3. Any number of persons, not being less than seven, may establish a society under this Act for the purpose of carrying on any labour, trade, or handicraft, whether wholesale or retail, except the working of mines and quarries, and except the business of banking, and of applying the profits for any purposes allowed by the Friendly Societies Acts, or otherwise permitted by law.
4. The rules of every such society shall contain provisions in respect of the several matters mentioned in the schedule annexed to this Act.
5. Two copies of the rules shall be forwarded to the Registrar of Friendly Societies of England, Scotland, or Ireland, according to the place where the office of the society is situate, and shall be dealt with by him in the manner provided by the Friendly Societies Act, 1855; and he shall thereupon give his certificate of registration, and such certificate shall in all cases be conclusive evidence that the society has been duly registered, and thereupon the members of such society shall become a body corporate, by the name therein described, having a perpetual succession and a common seal, with power to hold lands and buildings, with limited liability.
6. The certificate of registration shall vest in the society all the property that may at the time be vested in any person in trust for the society; and all legal proceedings then pending by or against any such trustee or other officer on account of the society may be prosecuted by or against the society in its registered name without abatement.
7. A copy of the rules shall be delivered by the society to every person, on demand, on payment of a sum not exceeding 18.
No Society to 8. No society shall be registered under a name identical be registered with that by which any other existing society has been registered, or so nearly resembling such name as to be likely of any exist to deceive the members or the public, and the word limited ing Society. shall be the last word in the name of every society registered under this Act.
9. No member shall be entitled, in any society registered
under this Act, to hold or claim any interest exceeding limited to the sum of 2007.
10. Every society registered under this Act shall paint or Publication affix, and shall keep painted or affixed, its name on the of name by outside of every office or place in which the business of the a Society. society is carried on, in a conspicuous position, in letters easily legible, and shall have its name engraven in legible characters on its seal, and shall have its name mentioned in legible characters in all notices, advertisements, and other official publications of such society, and in all bills of exchange, promissory notes, endorsements, cheques, and orders for money or goods purporting to be signed by or on behalf of such Company, and in all bills of parcels, invoices, receipts, and letters of credit of the society.
11. If any society under this Act does not paint or affix, Penalties and keep painted or affixed, its name in manner directed on non-pub. by this Act, it shall be liable to a penalty not exceeding 51, for not so painting or affixing its name, and for every day during which such name is not so kept painted or affixed; and if any officer of such society or any person on its behalf uses any seal purporting to be a seal of the society whereon its name is not so engraven as aforesaid, or issues or authorizes the issue of any notice, advertisement, or other official publication of such society, or signs or authorizes to be signed on behalf of such society any bill of exchange, promissory note, endorsement, cheque, order for money or goods, or issues or authorizes to be issued any bill of parcels, invoice, receipt, or letter of credit of the society, wherein its name is not mentioned in manner aforesaid, he shall be liable to a penalty of 50l., and shall further be personally liable to the holder of any such bill of exchange, promissory note, cheque, or order for money or goods, for the amount thereof, unless the same is duly paid by the society.
12. Every society under this Act shall have a registered Every Sooffice to which all communications and notices may be ad- ciety, to have dressed: If any society registered under this Act carries on office. business without having such an office, it shall incur a Penalty on penalty not exceeding 51. for every day during which busi- default. ness is so carried on.
13. Notice of the situation of such registered office, and of Notice of any change therein, shall be given to the registrar, and re- registered corded by him. Until such notice is given the society shall not office. be deemed to have complied with the provisions of this Act.
14. The rules of every society registered under this Act and effect of shall bind the society, and the members thereof, to the same extent as if each member had subscribed his name and affixed his seal thereto, and there were in such rules contained a covenant on the part of himself, his heirs, executors, and administrators, to conform to such rules subject to the provisions of this Act; and all monies payable by any member to the society in pursuance of such rules shall be deemed to be a debt due from such member to the society.
Application of Friendly Societies
Acts to this
member to nominate
persons into whose name
his interest may be transferred
at his death.
As to the
15. The provisions of the "Friendly Societies Acts" shall apply to societies registered under this Act in the following particulars :
Exemption from stamp duties and income-tax :
Power of justices or county courts in case of fraud :
16. The provisions of the "Friendly Societies Act, 1854,” whereby a member of any society registered thereunder is allowed to nominate any persons to whom his investment in such society shall be paid, shall extend, in the case of societies registered under this Act, to allow any member thereof to nominate any persons into whose name his interest in such society at his decease shall be transferred: Provided nevertheless, that any such society may, in lieu of making such transfer, elect to pay to any persons so nominated the full value of such interest.
17. Any society registered under this Act may be wound of Societies. up either by the Court or voluntarily, in the same manner and under the same circumstances under and in which any Company may be wound up under any Acts or Act for the time being in force for winding up Companies; and all the provisions of such Acts or Act with respect to winding up shall apply to such society, with this exception, that the Court having jurisdiction in the winding up shall be the County Court of the district in which the office of the society is situated.
Dissolution of Society
not to prevent wind
18. In case of the dissolution of any such society, such society shall nevertheless be considered as subsisting, and be in all respects subject to the provisions of this Act, so ing up of its long and so far as any matters relating to the same remain unsettled, to the intent that such society may do all things necessary to the winding up of the concerns thereof, and
that it may be sued and sue, under the provisions of this Act, in respect of all matters relating to such society.
19. The provisions of the Joint Stock Companies Acts as Provisions to bills of exchange and the admissibility of the register of of Joint shares in evidence shall apply to all societies registered panies Acts
under this Act.
bers of So
20. In the event of a society registered under this Act Liability of being wound up every present and past member of such present ard society shall be liable to contribute to the assets of the past m society to an amount sufficient for payment of the debts ciety. and liabilities of the society, and the costs, charges and expenses of the winding up, and for the payment of such sums as may be required for the adjustment of the rights of the contributories amongst themselves, with the qualifications following; (that is to say,)
(1). No past member shall be liable to contribute to the
assets of the society if he has ceased to be a member
(2). No past member shall be liable to contribute in
respect of any debt or liability of the society con-
(3). No past member shall be liable to contribute to the
21. Any society registered under this Act may be consti- Society may tuted a Company under the Companies Acts, by conforming be constito the provisions set forth in such Act, and thereupon shall Companies cease to retain its registration under this Act.
22. Every person or member having an interest in the Members funds of any society registered under this Act may inspect may inspect the books and the names of the members at all reasonable hours at the office of the society.
23. The sheriff in Scotland shall within his county have Sheriff's the like jurisdiction as is hereby given to the Judge of the jurisdiction County Court in any matter arising under this Act.
24. A general statement of the funds and effects of any Annual re