Legislation Text Continuation




Property veated in
Trustees.
230
interest, and proceeds, which shall from time to time arise from the
moneys so laid out or invested as aforesaid shall be brought to ac-
count by such Trustees, and shall be applied to and for the use of
such Society or Branch according to the rules thereof. Provided
always that it shall be lawful for the Trustees or Treasurer as
aforesaid, with the consent of such Society or Branch as aforesaid,
to purchase, hire, or take upon lease any room or premises for the
purpose of holding therein the meetings of such Society or Branch,
or for the transaction of business relating thereto, and to hold the
same in trust and for the use of such Society or Branch, and to sell,
exchange, let, and demise the same, in whole or in part, with such
consent as aforesaid.

  1. All hereditaments, moneys, goods, chattels, and effects
    whatever, and all titles, securities for money, or other obligatory
    instruments and evidences or muniments, and all rights or claims
    belonging to or had by such Society or Branch, shall be vested in
    the Trustees or Trustee for the time being of the same for the use
    and benefit of such Society or Branch and the respective Members
    thereof, their respective executors and administrators, according
    to their respective claims and interests; and after the death or
    removal of any Trustees or Trustée shall vest in the succeeding
    Trustees or Trustee for the same estate and interest as the former
    Trustees or Trustee had therein, and subject to the same trusts
    without any conveyance or assignment whatever; and also shall
    for all purposes of action or suit, as well criminal as civil, in
    law or in equity, in anywise touching or concerning the same, be
    deemed and taken to be, and shall in every such proceeding (where
    necessary) be stated to be the property of the person or person's
    appointed to the office of Trustee of such Society for the time
    being, in his or their proper name or names, without further de-
    scription; and such person or persons shall and they are hereby
    respectively authorised to bring and defend or cause to be brought
    and defended, any action, suit, or prosecution, criminal as well as
    civil, in any court of law or equity, touching or concerning the
    property right or claim aforesaid, of or belonging to or had by
    such Society or Branch, and such persons shall and may in all
    cases concerning the property right or claim aforesaid of such
    Society, sue and be sued, plead and be impleaded in any court of
    law or equity, in their or his proper names or name as Trustees or
    Trustee of such Society or branch without other description; and
    no such suit, action, or prosecution shall be discontinued or abate
    by the death of such person, or his removal from the office of
    Trustee, but the same shall and may be proceeded in by the suc-
    ceeding Trustees or Trustee in the proper name of the person
    commencing the same, and such succeeding Trustees or Trustee
    shall pay or receive the same costs as if the action or suit had
    been commenced in his or their name for the benefit of, or to be
    reimbursed from the funds of such Society or Branch. Provided
    always that no person shall be deemed to be a Trustee under the
    meaning of this Act until the resolution of the Society or Branch
    appointing him Trustee shall have been transmitted, under the
    hand of three members of the Society or Branch, and signed by
    such Trustee and by the Secretary of the Society, countersigned
    by the Registrar or deputy Registrar of the Supreme Court for


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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1856, No 32





✨ LLM interpretation of page content

🏛️ Continuation of Friendly Societies Act, 1856: Fees, Treasurer Bonds, and Fund Investment (continued from previous page)

🏛️ Governance & Central Administration
16 August 1856
Friendly Societies Act, Property vesting, Trustees, Legal actions, Supreme Court Registrar