66 Now it is submitted that the construction which is here contended for is one which is not justified by the language of section 32 of "The Building Societies Act, 1874." For, as we have seen, that enactment provides that a building society may be dissolved by winding up either voluntarily under the super"vision of the Court or by the Court." And it is contended that these words must be read so as to give effect, if possible, to every word used, and that it must be presumed that the Legislature did not intend what would be absurd. Now, according to Mr. Buckley, the above words mean that building societies can be wound up in two ways only, namely, either (1.) Voluntarily under the supervision of the Court, or (2.) By the Court. But, he says, a voluntary winding up, subject to the supervision of the Court, necessarily presupposes a voluntary winding up. And as the above enactment does not enable a building society to be wound up voluntarily, therefore, it follows that the words "voluntarily under the supervision of the Court" have no meaning, and so a building society can only be wound up in one way, namely, by the Court. It is submitted that the construction here contended for is not a reasonable one, for it violates two canons of construction, namely, first, that you must, if possible, give effect to every word used and, secondly, that you must presume that the Legislature did not intend an absurdity. Now it is, on the other hand, submitted that the true construction of the words "either voluntarily under the supervision of the Court or by the Court" is that they must be read disjunctively, as though there were a comma after the word voluntarily, or else as though the word "it" were there instead of a comma. But, even on the assumption that the words in question cannot, as Mr. Buckley contends, be read disjunctively, it is submitted that his construction of the Act is clearly wrong. For, it is submitted that the words "voluntarily under the supervision of the Court" necessarily contemplate a voluntary winding up of a building society and confer the right of winding up in that way. Reasons for a contrary Buckley. view to Mr. Proceedings to wind up societies under "The Building In what disSocieties Act, 1874," (like all proceedings under that Act), trict proceedmust be commenced in the County Court of the district in which the chief office or place of meeting for the business of the society is situate (1). ings to wind up a building society should be taken. Fees on A scale of fees applicable to winding-up proceedings under "The Building Societies Act, 1874," is contained in Schedule proceedings. (B.), Part III., of "The County Court Rules, 1875." As regards the practice in proceedings to wind up a building Practice. society it is to be noted that "The Building Societies Act, 1874," provides, that "general orders for regulating the pro"ceedings of the Court under this section may be from time to (1) 37 & 38 Vict. c. 42, s. 4. The County "time made by the authority for the time being empowered to "make general orders for the Court" (m). In pursuance of this provision of "The Building Societies Act, 1874," the following order has been framed which is contained in "The County Court Rules, 1875" :— 66 "The general orders, rules, and forms of the Chancery "Division of the High Court of Justice regulating for the "time being the mode of proceeding under The Companies Acts, 1862 and 1867,' shall be the orders, rules, and forms in "all proceedings in the County Courts for the winding up of a "society registered under The Industrial and Provident "Societies Act, 1862, The Building Societies Act, 1874,' or "for the winding up of a company under The Companies "Acts, 1862 and 1867,' so far as the same are applicable : "Provided that where it shall appear to the Court incon"venient that the Bank of England should be the bank used "for the purposes mentioned in the order and rules, it shall "be competent for the Court to name some bank to be used in "lieu of the Bank of England.”—Order XXXIX. In the chapter on "Winding up," contained in a subsequent portion of this work (mm), are contained both the provisions of The Companies Act, 1862," and also the rules under such Act. It fully describes the practice in a winding up, whether such winding up be a compulsory winding up, or a voluntary winding up, or a winding up under the supervision of the Court. To it reference must be made for details. (m) 37 & 38 Vict. c. 42, s. 32, ante, pp. 879, 880. BOOK V.-DIVISION III. PROCEEDINGS UNDER SPECIAL STATUTES PROVIDING CHAPTER V. JURISDICTION AND PROCEEDINGS IN RELATION TO FRIENDLY SOCIETIES. 1875." "THE Friendly Societies Act, 1875"-38 & 39 Vict. c. 60- "The Friendly is the last of a series of enactments relating to friendly societies Societies Act, and other kindred associations. It repeals all previously existing enactments, and consolidates into one Act all the legislative provisions now existing with regard to such associa tions. Three classes of friendly societies are subject to the provisions of "The Friendly Societies Act, 1875," namely: (1.) Societies whose rules have been registered, enrolled, or certified under previous Acts (a); (2.) Societies whose rules have been deposited under section 44 of 18 & 19 Vict. c. 63 (b); and (3.) Societies which are registered under "The Friendly Societies Act, 1875" (c). With regard to the first of the three classes above mentioned, it is provided that, societies which are in that position shall be deemed to be registered under "The Friendly Societies Act, 1875;" but, such of their existing rules as do not contravene the provisions of the Act, are to continue in force till rescinded or altered, and nothing is to affect the validity of the rules of such friendly societies as were established before 15th August, 1850 (d). Three kinds of societies are subject to "The Friendly Societies Act, 1875." (1.) Societies enrolled or certified under previous Acts. With regard to the second class of societies above mentioned, (2.) Societies it was provided, in effect, that a previous enactment should whose rules apply to them until their registration under "The Friendly have been deposited Societies Act, 1875," or until the 31st December, 1878, which- under a preever should first happen (e). As the date last mentioned has vious Act. (3.) Societies registered under "The Friendly Society Act, 1875," itself. Enumeration of the societies (a.) Friendly societies. The Friendly Societies Act, 1875, s. 8. (b.) Cattle insurance societies. (c.) Benevolent societies. (d.) Working men's clubs. now elapsed, it follows, it is submitted, that they are now altogether governed by the provisions of "The Friendly Societies Act, 1875," and not by the earlier enactment. With regard to the third class of societies above mentioned— i.e., societies registered under "The Friendly Societies Act, 1875," it is to be noted that the Act itself accurately defines what societies may be registered under it. This it does in a section as follows :— "The following societies may be registered under this Act; ❝ viz., "(1.) Societies (herein called friendly societies) established to provide by voluntary subscriptions of the members thereof, "with or without the aid of donations "For the relief or maintenance of the members, their "husbands, wives, children, fathers, mothers, brothers "or sisters, nephews or nieces, or wards being orphans, during sickness or other infirmity, whether bodily "or mental, in old age (which shall mean any age "after fifty) or in widowhood, or for the relief or "maintenance of the orphan children of members during minority; 66 "For insuring money to be paid on the birth of a mem"ber's child, or on the death of a member, or for the "funeral expenses of the husband, wife, or child of a "member, or of the widow of a deceased member, or, "as respects persons of the Jewish persuasion, for the payment of a sum of money during the period of "confined mourning; "For the relief or maintenance of the members when on "travel in search of employment, or when in dis"tressed circumstances, or in case of shipwreck, or "loss or damage of or to boats or nets; "For the endowment of members or nominees of members "at any age; "For the insurance against fire to any amount not exceed"ing fifteen pounds of the tools or implements of the "trade or calling of the members; "Provided that no society (except as aforesaid) which con"tracts with any person for the assurance of an "annuity exceeding fifty pounds per annum, or of a 66 gross sum exceeding two hundred pounds, shall be "registered under this Act: (2.) Societies (herein called cattle insurance societies) for "the insurance to any amount against loss by death of neat "cattle, sheep, lambs, swine, and horses from desease or other"wise : 66 (3.) Societies for any benevolent or charitable purpose "(herein called benevolent societies): 66 (4.) Societies (herein called working men's clubs) for pur "poses of social intercourse, mutual helpfulness, mental and moral improvement, and rational recreation : 66 (5.) Societies for any purpose which the Treasury may (e.) Specially "authorise as a purpose to which the powers and facilities of authorised "this Act ought to be extended (herein called 'specially autho- societies. "rised societies ')."-38 & 39 Vict. c. 60, s. 8. 46 "The Treasury may limit the application of this Act, as respects specially authorised societies, to such of the pro"visions herein contained as may be specified in the authority "for registering any such society."-38 & 39 Vict. c. 60, s. 9. The Friendly Societies Act, 1875," provides, by the following section (sub-section (5)), that in all legal proceedings whatsoever concerning the property of registered societies the same shall be stated to be the property of the trustees for the time being in their proper names as trustees for the society or branch (as the case may be) without further description :"In all legal proceedings whatsoever concerning any such "property the same shall be stated to be the property of the "trustees for the time being in their proper names as trustees "for the society or branch (as the case may be) without further "description."-38 & 39 Vict. c. 60, s. 16, sub-sect. (5) (ƒ). "The Friendly Societies Act, 1875," contains the following general provision as to the parties to proceedings under the Act, and the service of process thereunder : With respect to legal proceedings against registered so"cieties, the following provisions shall have effect :"(1.) The trustees of any society or branch, or any other "officers authorised by the rules thereof, may bring or defend, "or cause to be brought or defended, any action, suit, or other legal proceeding in any Court whatsoever, touching or con"cerning any property, right, or claim of the society or branch, "as the case may be, and shall sue and be sued, implead and “be impleaded, in their proper names, without other descrip"tion than the title of their office. 66 "(2.) In legal proceedings which may be brought under this "Act by a member or person claiming through a member, the "society may also be sued in the name, as defendant, of any officer or person who receives contributions or issues policies " on behalf of the society within the jurisdiction of the Court "in which the legal proceeding is brought, with the addition "of the words on behalf of the society' (naming the same). " (3.) No legal proceeding shall abate or be discontinued by "the death, resignation, or removal from office of any officer, "or by any act of such officer after the commencement of the "proceedings. 66 Limited ap- societies. In legal proceedings the property of registered societies to be stated to be the property of the trus tees of such society. The Friendly Societies Act, 1875, s. 16, sub-s. (5). Parties and service of process. The Friendly 1875, s. 21. -Service of (4.) The summons, writ, process or other proceeding to be "issued to or against the officer or other person sued on behalf process. It has not been thought necessary to set out the whole of section 16. Ibid. |