time appli An application, under section 10 of the Act (c), to re-open an Within what agreement, must be made within twelve months after payment has been made under it (d). Proceedings under the Act cannot be by way of action or suit,-for section 8 (e) is explicit that". no action or suit shall be brought or instituted upon any such agreement." Therefore, applications to the County Court under the Act will be by motion or petition. So much therefore of Order XL. of "The County Court Rules of 1875," as relates to actions, is inapplicable to cases under this Act. The proceedings should be by way of petition. And the practice on such petition can be ascertained from the introductory chapter to the present Book of this Work (ƒ). The proceedings at the trial of a petition under the Act require but brief notice. agree cation must be made. Practice on proceedings. Trial. to enforce or set aside agreement. Where the application is to enforce, or, on the other hand, to Of petition set aside an agreement, the Court, if it considers that the ment is in all respects fair and reasonable between the parties, will make an order enforcing it in such manner and subject to such conditions, if any, as to the costs of the motion or petition as the Court shall think fit (g). But, if the agreement is not deemed fair and reasonable, the Court will declare it void, and may order such agreement to be given up to be cancelled, and may direct the costs, charges, and disbursements incurred or chargeable in respect of the matters included in such agreement to be taxed (h). to re-open agreement. With regard to applications to re-open agreements, if the Of petition Court accede to the application, it may order the costs, fees, charges, and disbursements to be taxed, and the whole or any portion of the amount received by the attorney or solicitor to be repaid by him, on such terms and conditions as to the Court or Judge may seem just (i). The costs of and relating to any motion or petition under the Costs. Act, and the proceedings thereon, may be dealt with by the order of the Court to which the application is made (k). (c) Ante, pp. 969, 970. See sect. 10, ante, pp. 969, 970. (e) Ante, p. 968. (f) See ante, pp. 886 et seq. (g) 33 & 34 Vict. c. 28, s. 9, ante, pp. 968, 969. (33 & 34 Vict. c. 28, s. 10, ante, pp. 969, 970. 33 & 34 Vict. c. 28, s. 9, ante, pp. 968, 969. BOOK V.-DIVISION III. PROCEEDINGS UNDER SCHEDULES PROVIDING FOR "The Build ing Societies Act, 1874." What societies are within the Act. (1.) Societies certified under the repealed Act.] (2.) Societies formed under the Act. CHAPTER IV. JURISDICTION AND PROCEEDINGS UNDER THE BUILDING "THE Building Societies Act, 1874" (37 & 38 Vict. c. 42), consolidates and amends the law relating to building societies, and repeals 6 & 7 Will. IV. c. 32 ("An Act for the Regulation of Benefit Building Societies ") (a). It is necessary to give a brief outline of the societies which are societies within the enactment in question. In the first place, it was provided by section 8 of "The Building Societies Act, 1874," that every society, the rules of which have been certified under the repealed Act, should be deemed to be a society under the new Act and might obtain a certificate of incorporation thereunder. This section has, however, been repealed by "The Building Societies Act, 1875" (b), which provides that every such society may obtain a certificate of incorporation under "The Building Societies Act, 1874," and thereupon shall be deemed to be a society under that Act (c). The effect of this new enactment is, shortly, that no sucu society shall be deemed to be a society under "The Building Societies Act, 1874," until a certificate of incorporation has been obtained. The certificate of incorporation renders the society receiving it a body corporate by its registered name and with a common seal (d). In the second place, any number of persons may establish a society under "The Building Societies Act, 1874," either terminating or permanent, for the purpose of raising by the subscriptions of the members a stock or fund for making advances to members out of the funds of the society upon (a) 37 & 38 Vict. c. 42, s. 7. 38 Vict. c. 9, s. 2. security of freehold, copyhold, or leasehold estate, by way of The following section of the Act authorises certain fees to be With regard to parties to proceedings under "The Building Parties to Societies Act, 1874," it is to be noticed that every society proceedings. incorporated under this Act sues and is sued in its registered name (h). Moreover, where a society changes its name, in manner pointed out by the Act, it is expressly provided that such change of name shall not affect any right or obligation of the society, or of any member thereof, or other person concerned (i). : In what dis trict proceedings under the Act should be taken. The Act contains the following directions as to the district in which proceedings under it are to be taken "The Court in this Act means, "In England, the County Court of the district in which "the chief office or place of meeting for the business The Build"of the society is situate."-37 & 38 Vict. c. 42, s. 4. ing Societies With regard to proceedings under "The Building Societies Act, 1874, Act, 1874," it is, perhaps, a little doubtful whether "The s. 4. County Court Rules, 1875," are made applicable to such pro- Rules of ceedings by Order XL. (k). For that order professes only to practice. regulate proceedings in Acts not previously referred to in the said rules. And "The Building Societies Act, 1874," is mentioned in the preceding order (Order XXXIX.), which deals with the winding up of building societies and companies. But "The County Court Rules" contain no direction whatever as to 37 & 38 Vict. c. 42, s. 13. 37 & 38 Vict. c. 42, s. 14. (g) 37 & 38 Vict. c. 42, s. 21. (h) 37 & 38 Vict. s. 9 & s. 27. See sect. 22 of the Act. Set out ante, p. 887. Proceedings. Court fees. Documents purporting to be signed by proceedings under "The Building Societies Act, 1874," save such proceedings as are winding-up proceedings. It would, therefore, appear that all proceedings other than those for winding up are regulated by Order XL. (1), and may be instituted either by action or by petition. With regard to fees payable in the County Court in proceedings under "The Building Societies Act, 1874," they are the same as in ordinary cases (m). The following sections of "The Building Societies Act, 1874," provides that documents purporting to be signed by the registrar to be registrar shall be received in evidence :— evidence. -And to be exempt from stamp duty. The Build ing Societies Act, 1874, S. 41. Summary of "Any certificate of incorporation or of registration, or other "document relating to a society under this Act, purporting to "be signed by the registrar, shall, in the absence of any evi"dence to the contrary, be received by the Court, and by all "Courts of law and equity and elsewhere, without proof of the “signature; and a printed copy of the rules of a society, cer"tified by the secretary or other officer of the society to be a "true copy of its registered rules, shall, in the absence of any "evidence to the contrary, be received as evidence of the rules." -37 & 38 Vict. c. 42, s. 20. Certain documents are also, by the following section, made admissible in evidence without being stamped : 66 66 66 66 "No rules of any society under this Act, nor any copy thereof, nor any power, warrant, or letter of attorney granted "or to be granted by any person as trustee for the society for "the transfer of any share in the public funds standing in his name, nor any receipts given for any dividend in any public "stock or fund, or interest of exchequer bills, nor any receipt, nor any entry in any book of receipt, for money deposited in "the funds of the society, nor for any money received by any member, his executors or administrators, assigns, or attorneys, "from the funds of the society, nor any transfer of any share, nor any bond or other security to be given to or on account "of the society, or by any officer thereof, nor any order on any "officer for payment of money to any member, nor any appoint"ment of any agent, nor any certificate or other instrument "for the revocation of any such appointment, nor any other "instrument or document whatever required or authorised to "be given, issued, signed, made, or produced in pursuance of "this Act, or of the rules of the society, shall be subject or "liable to or charged with any stamp duty or duties whatsoever, provided that the exemption shall not extend to any "mortgage."-37 & 38 Vict. c. 42, s. 41. 66 "The Building Societies Act, 1874," gives the County Court jurisdiction of jurisdiction as follows, namely:-(1.) To compel officers of (7) Set out ante, p. 887. societies under the Act to render accounts and deliver over County Court money or property (n); (2.) To enforce the decision of arbi- under "The Building Sotrators (o); (3.) To hear and determine disputes in certain specified cases (p); (4.) To wind up societies under the Act (g). cieties Act, 1874." SECTION I.-PROCEEDINGS TO COMPEL OFFICERS TO RENDER 66 County Court to compel accounting or delivery over of property or money by The position of officers of building societies which are sub- Jurisdiction of ject to the Act, and the jurisdiction of the County Court over such officers, is derived from the following sections :"Every officer of a society under this Act having the receipt or charge of any money belonging to the society shall, before "taking upon himself the execution of his office, become bound "with one sufficient surety at the least, in a bond according to officers of "the form set forth in the schedule to this Act, or give the Building "security of a guarantee society, or such other security as the Societies. "society direct, in such sum as the society require, conditioned The Build"for rendering a just and true account of all moneys received ing Societies "and paid by him on account of the society, and for payment "of all sums of money due from him to the society, at such "times as its rules appoint, or as the society require him to do so."-37 & 38 Vict. c. 42, s. 23. Act, 1874, . 23. "Every such officer, his executors or administrators, shall, The Build66 upon demand made, or notice in writing given or left at his ing Societies "last or usual place of residence, give in his account as may Act, 1874, "be required by the board of directors or committee of s. 24. 64 66 management of the society, to be examined and allowed or disallowed by them, and shall, on the like demand or notice, pay over all the moneys remaining in his hands, and deliver "all securities and effects, books, papers, and property of the "society in his hands or custody, to such person as the society appoint; and in case of any neglect or refusal to deliver such "account, or to pay over such moneys, or to deliver such "securities and effects, books, papers, and property, in manner "aforesaid, the society may sue upon the bond, or may apply "to the Court, who may proceed thereupon in a summary way, "and make such order thereon as to the Court in its discretion "shall seem just, which order shall be final and conclusive."37 & 38 Vict. c. 42, s. 24. (n) Sects. 23 and 24 set out supra. |