✨ Legislation Text




233
trator in his place, and the Rules shall direct in what manner such
Arbitrators, or any of them, shall proceed to determine such dis-
putes, and the award so made by them, or so many as may be
appointed for the purpose, according to the Rules, which shall be
final and binding on all parties without appeal, and shall not be
removed to any Court of Law or Equity; and if either of the
said parties shall refuse or neglect to comply with or conform
to the decision of the said Arbitrators, or the major part of them,
it shall and may be lawful for any Resident Magistrate, or any
two or more Justices of the Peace sitting in Petty Sessions in
the District or nearest to the District or place within which such
Society or Branch shall be established, upon good and sufficient
proof being adduced before them of such award having been made,
and of the refusal of the party to comply therewith, upon com-
plaint made by or on behalf of the party aggrieved, to summon
the person against whom such complaint shall be made to appear
at a time and place to be named in such summons, and upon his
or her appearance, or in default thereof, upon due proof upon
oath of the service of such summons, to make such Order there-
upon as may to them seem just, and if the sum of money awar-
ded, together with the sum for costs, not exceeding the sum of
Twenty Shillings, as to such Justices shall seem meet, shall not
be immediately pai
d, then such Justices shall, by warrant under
their hands, cause such sum and costs aforesaid to be levied by
distress, or by distress and sale of the moneys, goods, chattels, se-
curities, and effects belonging to the said party or to the said
Society, together with all further costs and charges attending
such distress and sale, or other legal proceedings, returning the
overplus (if any) to the said party, or to the said Society, or to
one of the Trustees thereof, and in default of such distress being
found, or in case of such other legal proceeding being ineffectual,
then to be levied by distress and sale of the proper goods of the
said party, or of the officer of the said Society, so neglecting or re-
fusing as aforesaid, together with such further costs and charges
as aforesaid, returning the surplus (if any) to the owner: Pro-
vided always that whatever sums shall be paid by any such offi-
cer so levied on his or her property or goods, in pursuance of the
Award of Arbitrators, or order of any Resident Magistrate or
Justices shall be repaid, with all damages accruing to him or her
by and out of the moneys belonging to such Society, or out of
the first moneys which shall be thereafter received by such So-
ciety.

If no arbitrators ap-
pointed or award given
Justices may decide.

  1. If the Rules of any such Friendly Society or Branch
    shall have provided for the settlement of disputes by arbitration,
    but no Arbitrator shall have been appointed, or no Award shall
    have been made, within twelve months after such complaint has
    been made to the Officers of such Society or Branch, or if the
    Rules shall have directed that any dispute between the Members
    and the Trustees, or other Officer of the Committee of Manage-
    ment, shall be settled by Justices of the Peace, then it shall be
    lawful for any Resident Magistrate or any Justice of the Peace
    usually acting in the District, or nearest to the District, or
    place, in which the principle business of the Society or Branch
    is carried on, on complaint being made to him by any Member


Next Page →



Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1856, No 32





✨ LLM interpretation of page content

πŸ›οΈ Continuation of Friendly Societies Act regarding dispute resolution enforcement and arbitration rules. (continued from previous page)

πŸ›οΈ Governance & Central Administration
16 August 1856
Friendly Societies Act, Arbitration, Enforcement, Resident Magistrate, Justices of the Peace, Distress, Rules