Repeal of part of section 13.

Date of registration of society.

An Act to explain and amend the "Friendly Societies
Statute 1865."

[29th September 1868.]

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

1. So much of the thirteenth section of the "Friendly Societies Statute 1865" as enacts that a society shall be deemed to be completely registered from and after the publication in the Government Gazette of the notice in the said section mentioned shall be and the same is hereby repealed.

2. Every society already established in Victoria under any enactment relating to friendly societies, and every society hereafter to be established under the said Statute, shall be deemed and taken

Liabilities or debts, specifying the same.

No. 329.

to have been completely registered on and from the day on which 32 VICTORIA, the original rules of such society were or shall be registered in the office of the registrar of friendly societies.

tion of rules.

3. The rules of every such society shall be deemed and taken Date of registra to have been or to be completely registered on the day recorded in the books of the registrar, and the registrar shall forthwith publish in the Government Gazette a notice thereof accordingly; but the failure to publish such notice shall in no way affect the validity of the registration of any society.

be in Gazette.

4. It shall not be necessary to publish in the Government New rules not to Gazette any notice of the registration of any new or altered rule of any such society.

5. A certificate under the hand of the registrar whose hand- Evidence of writing it shall not be necessary to prove, and who is hereby registration. required to give such certificate to any person applying for the same on payment of the sum of two shillings and sixpence, in the form of Schedule A or B or C to this Act annexed (as the case may require) shall be conclusive evidence in all courts of law and equity of the matters therein set forth, viz., that the society mentioned in form A was completely registered, or that the rules referred to in form B were completely registered, or that the resolution referred to in form C, appointing a trustee or trustees, was duly transmitted to the registrar, and deposited with the rules, on the days therein respectively mentioned. (a)

SCHEDULE A.

at

The Registrar's Certificate of the complete Registration of a Friendly Society.
I hereby certify that the Society called the

established
is completely registered, and is subject to the provisions and
entitled to the privileges of the Acts relating to Friendly Societies, from the
day of

18

The Registrar's Certificate to Rules of a Friendly Society.

I hereby certify that the foregoing Rules [or extracts from Rules] of the Friendly Society called the

were completely registered in accordance with the

Friendly Societies on the

Given under my hand this

day of
day of

established at

provisions of the Acts relating to

Friendly Societies Office,
Melbourne,

(a) The certificate of registration of a society under the "Friendly Societies Act," 28 Vict. No. 254, is not conclusive proof that the business of the society is conducted in furtherance of the objects for which it is registered. A society registered for one object, but conducting its

business for another object, not being one of those mentioned in the Act, does not come within the provisions of the Act; and the shareholders in such a society may be held personally liable as co-partners.-McEwan v. Blair, 1 V.R. (L.), 178; 1 A.J.R., 141.

SCHEDULE C.

The Registrar's Certificate to a Resolution appointing a Trustee.

I hereby certify that the annexed copy [or duplicate] of a resolution of the Friendly Society called the established at

appointing a trustee [or trustees] of the said society was duly transmitted to me, and by me deposited with the rules of the said society on the

An Act to legalize the formation of "Industrial and 37 VICTORIA, Provident Societies." [25th November 1873.]

BE

E it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

No. 477.

1. This Act shall be called and may be cited as the "Industrial Title of Act. and Provident Societies Act 1873."

societies under

c. 87 s. 8.

2. Any number of persons, not being less than five, may Constitution of establish a society under this Act for the purpose of carrying on this Act. any labour trade or handicraft, whether wholesale or retail, and of 25 & 26 Vict. applying the profits for any purpose allowed by any laws now or hereafter in force relating to Friendly Societies or otherwise permitted by law: The buying and sale of land shall be deemed to be 34 & 35 Vict. a trade within the meaning of this Act.

c. 80 s. 5.

lend or advance

person engaged

ment of asso

3. No society under this Act carrying on the business of Society not to banking shall make any loan or advance to any person engaged in money to any of its own management, or to any of its employés or to any person its employés or engaged in the management of any society associated with it in the in the managesaid business or any of its employés, and no such society shall give ciated society. any guarantee or contract any liability on behalf of any such persons or employés for the purpose of obtaining or securing such loan or advance. Provided that nothing in this section shall be deemed to apply to any trustee officer or employé of any such society who under its rules may in his official or corporate capacity hold or invest money in trust for or on behalf of such society.

vested as share

out at least six

4. No money invested as share capital in any society under this No money inAct carrying on the business of banking shall be withdrawn except capital to be after notice of the intention to withdraw, which shall be given by withdrawn withthe person so intending to the proper officer of the society not more months' notice. than twelve months nor less than six months before such withdrawal.

c. 87 s. 4.

First Schedule.

5. The rules of every such society shall contain provisions in Rules. respect of the several matters mentioned in the First Schedule 25 & 26 Vict. annexed to this Act either without any additions or with any 30 & 31 Vict. additions or alterations agreeable to law. The rules of any society c. 117 s. 10. may provide from time to time for the erection of any houses 34 & 35 Vict. cottages or other buildings on any lands from time to time held by c. 80 s. 1. the society and for the altering or pulling down and again rebuilding of any building whether erected by the society or otherwise vested in it and for the management laying out leasing and sub-leasing (whether at rackrent on building mining quarrying or improving lease or otherwise howsoever and whether to members of the society or other persons) and for the disposal and sale from time to time, whether to members or other persons of any lands or buildings for the time being held by the society, and for the appropriation of the purchase money rents and other moneys to be received in respect of any lands or buildings and for the advancing of any moneys by the society to members on the security of real or personal property; and the rules may prescribe the form of conveyance mortgage transfer

37 VICTORIA, agreement bond or other instrument necessary for carrying the purposes of the society into execution.

No. 477.

Registration of rules and of society.

18 & 19 Vict. c. 63 s. 26.

15 & 16 Vict. c. 31 s. 1.

30 & 31 Vict. c. 117 s. 4.

Certificate to vest in society all property held in

6. Two copies of the rules shall be forwarded to the Registrar of Friendly Societies, and so soon as the said registrar shall find the said rules to be framed in conformity with law he shall register the same and shall further deal with them in the manner provided for by the laws now in force relating to friendly societies; and he shall thereupon give his certificate of the said rules and his certificate of registration; and such last mentioned 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 purchase erect and sell and convey or to hold lands and buildings with limited liability.

7. The certificate of registration shall vest in the society all the property that may at the time be vested in any person in trust trust for society. 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.

25 & 26 Vict.

c. 87 s. 6.

Copy of rules to

be delivered on demand.

25 & 26 Vict.

c. 87 s. 7.

Alterations of

and additions to rules to be registered.

8. A copy of the rules shall be delivered by the society to every person on demand on payment of a sum not exceeding One shilling.

9. Two copies of every alteration of or addition to the rules of every society registered under this Act signed by five members of the society and countersigned by the secretary shall be sent to the registrar for his certificate of registration and shall be accompanied by a declaration in the form contained in the Second Schedule Second Schedule. hereto, and no alterations of or additions to the rules of any society registered under this Act shall be valid until they are so certified.

30 & 31 Vict.

c. 117 s. 7.

Forms of certificates.

30 & 31 Vict.

c. 117 s. 8.

Third Schedule.

registered by

10. The registrar shall give his certificates respectively in the forms contained in the Third Schedule in the cases therein mentioned.

11. No society shall be registered under a name identical with No society to be that by which any other existing society has been registered, or so nearly resembling such name as to be likely to deceive the members or the public, and the word "limited" shall be the last word in the name of every society registered under this Act.

same name as

that of any

existing society.
25 & 26 Vict.
c. 87 s. 8.

Limitation of
interest of
members.

30 & 31 Vict. c. 117 s. 2.

Publication of

25 & 26 Vict.

c. 87 s. 10.

12. A society registered under this Act may hold in its registered name any amount of interest in any other society registered under this Act, but if any person hold or claim in any society so registered any interest exceeding Two hundred pounds sterling, such person shall incur a penalty equal to the excess of such interest over the said sum.

13. Every society registered under this Act shall paint or affix, name of society. and shall keep painted or affixed, its name on the outside of every office or place in which the business of the 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