β¨ Legislation Text
232
over to such person or persons as aforesaid, the dividends of such
stock annuities or funds, and whenever it shall happen that one or
more only, and not all or both of such Trustees as aforesaid shall
be so absent, or have been removed, or be an insolvent or lunatic,
or it be unknown whether one or more of such Trustees be living
or dead, it shall be lawful for a Judge of the said Court in manner
before mentioned, to direct that the other and others of such
Trustees do transfer such stock, annuities, or funds, to or into the
name of such person so appointed Trustees as aforesaid, jointly
with the continuing Trustees (if any), and also receive and pay
over the dividends of such stock, annuities, or funds as such Society
shall direct.
Act to be an indemni-
ty.
15. This Act shall be a full and complete indemnity and dis-
charge to all persons and companies, their officers and servants
for all acts and things done by such person or persons, authorised
by such Judge as aforesaid, pursuant hereto; and such acts and
things shall not be questioned or impeached in any Court of Law
or Equity to their prejudice or detriment.
Disputes to be settled
according to rules.
16. If any dispute shall arise between the Members or persons
claiming under or on account of any Member of any Society or
Branch established under this Act; and the Trustees, Treasurer
or other officer, or Committee thereof, it shall be settled in such
manner as the Rules of such Society or Branch shall direct, and
the decision so made shall be binding and conclusive, but if such
dispute be of such kind that, for the settlement of it according to
the Rules now in force, recourse must be had to the Supreme
Court of the said Colony in its Equitable Jurisdiction, it may be
referred at the option of either party to the Resident Magistrate,
or to any two or more Justices of the Peace, sitting in Petty Ses-
sions in the District or nearest to the District or place in which
the meetings of such Society or Branch shall be held, who shall
proceed ex parte on notice in writing to the other of the said
parties being left at his usual place of residence, or abode ten
days previously; and such Resident Magistrate or Justices are
hereby authorised to require of all parties, who are or may have
been Members Trustees or officers of such Society, to produce
before them all books or other documents relating to the concerns
of such Society, and thereupon if such Resident Magistrate or
Justices shall so think fit, it shall be lawful for them to determine
the said dispute and to displace any such Trustee or officer or to
make such award as the justice of the case in their opinion may
require, and such decision or award shall be binding and conclu-
sive.
Rules for arbitration.
17. If it shall be provided by the Rules of such Society or
Branch that disputes which may arise between any Member
thereof, and the Trustees, Committee, or officers on the part of
the Society, shall be settled by arbitration the number of Arbi-
trators and mode of election shall be stated in the Rules and in
case any of such Arbitrators shall at any time neglect or refuse
to act, the members of such Society or Branch, at a General
Meeting or General Committee thereof, are hereby required
forthwith to elect and appoint some other person to be an Arbi-
trator.
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β¨ LLM interpretation of page content
ποΈ
Sections 15-17 of Friendly Societies Act regarding indemnity, dispute resolution, and arbitration
(continued from previous page)
ποΈ Governance & Central Administration16 August 1856
Friendly Societies Act, Indemnity, Dispute Resolution, Arbitration, Supreme Court, Resident Magistrate, Justices of the Peace
NZ Gazette 1856, No 32