Effect of section 21. Document under seal of central office to be evidence. The Friendly Societies Act, 1875, s. 39. General prac 66 "of a society shall be sufficiently served by personally serving "such officer or other person, or by leaving a true copy thereof "at the registered office of the society, or at any place of busi"ness of the society within the jurisdiction of the Court in "which the proceeding is brought, or, if such office or place of "business be closed, by posting such copy on the outer door of "the same; but in all cases where the said summons, writ, process, or other proceeding shall not be served by means of "such personal service or by leaving a true copy thereof at the registered office of the society, a copy thereof shall be trans"mitted addressed to the committee of management at the registered office of the society, and the same shall be enclosed "in a registered letter posted at least six days before any "further step shall be taken on such summons, writ, process, "or other proceeding."-38 & 39 Vict. c. 60, s. 21. 66 It is to be noticed that the above section provides that the trustees or other officers of a society may bring or defend any action, &c., "touching, or concerning any property, right, or claim of the society or branch." A somewhat similar provision was contained in 18 & 19 Vict. c. 63 (g), which is now repealed, and on this provision there is a decision to which reference will now be made. In Roberts v. Page (h) the facts were as follows. Proceedings having been taken by a member of a society in the County Court to enforce a claim against a society, a compromise was arrived at between the plaintiff, the solicitor of the member, and the society, by which, inter alia, the society promised to pay the plaintiff certain costs and charges. These costs and charges not having been paid, the plaintiff sued the secretary of the society in a superior Court. It was held that this was a proceeding touching the right of the society and was properly brought against the secretary. With regard to the hearing of cases under "The Friendly Societies Act, 1875," the following general provision making certain documents evidence, without further proof, is of importance : 66 Every instrument or document, copy or extract of an "instrument or document, bearing the seal or stamp of the "central office, shall be received in evidence without further proof; and every document purporting to be signed by the "chief or any assistant registrar, or any inspector, or public "auditor or valuer under this Act, shall, in the absence of any "evidence to the contrary, be received in evidence without proof of the signature."-38 & 39 Vict. c. 60, s. 39. 66 Proceedings in the County Courts under "The Friendly tice in County Societies Act, 1875," are for the most part regulated by Order XXXV. of "The County Court Rules, 1875." Courts in But where the said order does not prescribe any mode of procedure, the rules of procedure in the preceding orders are made applicable. On this subject "The County Court Rules, 1875," provide as follows: cases under The Friendly 1875." Societies Act, "The rules of procedure contained in the preceding orders Order "shall apply to proceedings under The County Courts Ad- XXXVIII. "miralty Jurisdiction Acts, 1868 and 1869,' The Agricul"tural Holdings (England) Act, 1875,' and 'The Friendly "Societies Act, 1875,' except where Orders XXXIII. (i), "XXXIV. (k), and XXXV. (1) provide any other or incon"sistent mode of procedure."-Order XXXVIII. With regard to fees in proceedings in the County Court Fees. under "The Friendly Societies Act, 1875," it may be mentioned that the poundage is to be estimated upon the amount in dispute (m). 66 66 66 : per Court officers for duties under "The Societies It is expressly provided that the registrars and high bailiffs Remuneration are to be remunerated for the duties to be performed by them of County under "The Friendly Societies Act, 1875." This provision is contained in the following section of the Act :“(mm) .. . The registrars and high bailiffs of the Friendly County Courts shall be remunerated for the duties to be formed by them under this Act in such manner as the Treasury, with the consent of the Lord Chancellor, shall from time to time order and direct."-38 & 39 Vict. c. 60, s. 34. "The Friendly Societies Act, 1875," confers jurisdiction upon the County Courts as follows:-(1.) To compel officers of friendly societies to render accounts and deliver over money or property (n); (2.) To determine (either by consent of the parties, or, where the rules contain no directions as to disputes, or where no decision is given within 40 days) disputes between members of friendly societies and the societies or their officers (0); (3.) To give relief to members of dissolved friendly societies; and (4.) To enforce payment of moneys due to the societies from members of registered cattle insurance societies, or of other societies authorised by the Treasury (p). The jurisdiction under each of the four heads just mentioned being conferred by distinct sections of the Act, and the practice as to each slightly differing from the others, it will be convenient to deal with each of these matters in a separate section. () Which relates to Admiralty actions, see ante, Book IV. pp. 735 et seq. (4) Which relates to proceedings under "The Agricultural Holdings Act." See post, cap. viii. of this Division, at pp. 1015 et seq. (The Rules contained in this Order will be found set out in subsequent pages of this Chapter. (m) See Appendix I. (mm) The former part of this section applies only to Scotland and Ireland. (*) See sect. 20, subsect. 2, infra, p. 988. See sect. 22, infra, and also sect. 30, the latter of which sections has been held, Re Alfred Holl, L. R. 4 Q. B. Div. 29, to apply to all friendly societies. (P) Sect. 31, infra, p. 998. jurisdiction SECTION I. PROCEEDINGS TO COMPEL OFFICERS TO ACCOUNT The jurisdiction of the County Court to compel the officers of a friendly society to pay over money of a friendly society or to deliver up property belonging to it, is conferred by the following section: 66 : "With respect to officers of registered societies (r) having receipt or charge of money, the following provisions shall "have effect: 66 "(1.) Every officer, if the rules of the society require, shall, "before taking upon himself the execution of his office, become "bound with one sufficient surety at the least in a bond according to one of the forms set forth in the third schedule to this "Act, or give the security of a guarantee society, in such sum "as the society 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 appoint, or "as the society or the trustees or committee of management "thereof require him to do so, and for the payment by him of "all sums due from him to the society. 66 66 "(2.) Every officer, his executors or administrators, shall, at "such times as by the rules of the society he should render account, or upon demand made, or notice in writing given or "left at his last or usual place of residence, give in his account as may be required by the society, or by the trustees or com"mittee of management of the society, to be examined and "allowed or disallowed by them, and shall, on the like demand "or notice, pay over all moneys and deliver all property for "the time being in his hands or custody to such person as the society, or the committee of management, or the trustees appoint; and in case of any neglect or refusal to deliver such account, or to pay over such moneys or to deliver such property in manner aforesaid, the trustees or authorised officers "of the society may sue upon the bond or security before men"tioned, or may apply to the County Court (which may proceed "in a summary way), or to a Court of summary jurisdiction, "and the order of either such Court shall be final and conclu"sive."-38 & 39 Vict. c. 60, s. 20. 66 66 66 66 This section only applies, it will be noticed, to "officers of registered societies having receipt or charge of money." Moreover, the application to the County Court, mentioned in subsection (2), is not the only mode of dealing with defaulting officers. For, as is expressly provided by this sub-section, the trustees or authorised officers may sue upon the bond or security mentioned in sub-section 1 of section 20. (r) As to what are registered societies, see supra, p. 984. s. 20 to be Proceedings under section 20 of "The Friendly Societies How proceedAct, 1875," must be commenced by plaint and summons (s). ings under For "The County Court Rules, 1875," provide as follows on the subject: taken. XXXV. "All applications to the Court by the trustees or authorised Plaint and "officers of a friendly society in respect of any of the matters summons to "mentioned in section 20 of The Friendly Societies Act, be entered. "1875, shall, whether any bond be put in suit or not, be by Order "action commenced by plaint and summons in the ordinary rule 1. "way in which the society or the trustees or authorised officers thereof shall be plaintiff's and the person against whom the "application is made defendant."-Order XXXV. r. 1. "If the application be made by action without putting the "bond in suit the summons or the particulars annexed thereto shall state shortly the nature of the act required to be done "or the neglect complained of."-Order XXXV. r. 2. "If the act required to be done be the delivering up of any "property, the summons or the particulars annexed thereto rule 2. "shall contain an intelligible description of the property And to de"required to be given up."-Order XXXV. r. 3. 66 The proper parties to the proceedings and the mode of service thereof can be ascertained by reference to the general provisions set out at the commencement of this chapter (1). Save in so far as the special provisions just referred to and set out in the commencement of this chapter varies it, the practice in proceedings under "The Friendly Societies Act" is directed by Order XXXVIII., above set out (u), to be the same as in ordinary cases. Particulars to state nature of Act required. Order XXXV. scribe pro perty (if any) Order XXXV. rule 3. Parties to service of proceedings. Practice. The proceedings and evidence at the hearing are the same as in ordinary actions (2). We have already seen that documents Hearing. purporting to be under the Seal of the Central Office are per se evidence without further proof (y). The form of order to be made at the hearing is provided in Form of the Appendix of Forms (2). There is no appeal from the decision of the County Court under section 20 (a) of “The Friendly Societies Act, 1875," it being expressly provided by that section that the order of the Court shall be "final and conclusive." order. An order made under "The Friendly Societies Act" may be Enforcement enforced in the same way as other orders of the County Court. of order. For the mode of enforcing such orders reference must be made to a former portion of this Work (b). The ordinary fees are payable on such a plaint. See supra, p. 987. Supra, p. 987. See ante, Book II. cap. xiii., pp. 444 et seq. See sect. 39 of the Act, set out supra, p. 986. (a) Supra, p. 988. See ante, Book II. cap. xix., pp. 586 et seq. Form of order. Jurisdiction of County Court to decide disputes between friendly societies and their members. The Friendly Societies Act, 1875, s. 22. In the Appendix of Forms there will be found forms of order for execution (c), and also of a warrant of execution against goods (d). SECTION II.-PROCEEDINGS TO DETERMINE DISPUTES There are two sections in "The Friendly Societies Act, 1875," under both of which (according to the construction which a recent decision (e) has placed upon such Acts) the County Courts possess jurisdiction to settle disputes between friendly societies, or the officers of friendly societies, and the members of such societies. The two sections in question are as follow : 66 Every dispute between a member or person claiming "through a member or under the rules of a registered society, "and the society or an officer thereof, shall be decided in "manner directed by the rules of the society, and the decision "so made shall be binding and conclusive on all parties without appeal, and shall not be removable into any court of law or "restrainable by injunction; and application for the enforce"ment thereof may be made to the County Court. 66 66 • Provided as follows: 66 "(a.) The parties to a dispute in a society may, by con"sent (unless the rules of such society expressly "forbid it), refer such dispute to the chief regis"trar, or to the assistant registrar in Ireland or "Scotland, who shall, with the consent of the "Treasury, either by himself or by any other registrar, hear and determine such dispute, and "shall have power to order the expenses of determining the same to be paid either out of "the funds of the society or by such parties to "the dispute as he shall think fit, and such de"termination and order shall have the same "effect and be enforceable in like manner as a "decision made in the manner directed by the "rules of the society: 66 "(b.) The chief or other registrar to whom any dispute is "referred may administer oaths, and may re"quire the attendance of all parties concerned, "and of witnesses, and the production of all "books and documents relating to the matter in Appendix II. Form 191. (d) Appendix II. Form 192. The decision, Re Alfred Holl, L. R. 4 Q. B. Div. 29, cited more fully infra, p. 994. |