β¨ Text of Legislation
Remedy to member
unjustly expelled.
In case of fraud Jus-
tices may summon &
hear complaints,
234
or person claiming under a Member thereof of any matter in
dispute between him and such Society or Branch, to summon
the person against whom which complaint shall be made to ap-
pear at a time and place to be named in such summons, and upon
his appearance, or in default thereof, upon due proof on oath of
the service of such summons, it shall be lawful for any Resident
Magistrate, or any two Justices, to proceed to hear and determine
the said complaint; and in case the said Resident Magistrate or
Justices shall order any sum of money to be paid by such per-
son against whom such complaint shall be made, and such person
shall not pay the same to the person and at the time specified by
the said Resident Magistrate or Justices, they shall proceed to
enforce their order in the manner hereinbefore directed to be used
in case of any neglect to comply with the decision of the Arbitra-
tors appointed under the authority of this Act.
-
In case any member of any such Society or Branch shall
have been expelled from such Society, and the award of the Arbitra-
tors, or the order of the Resident Magistrate or Justices, shall di-
rect that he or she shall be reinstated, it shall be lawful for such
Arbitrators to award, or Resident Magistrate or Justices to or-
der, in default of such reinstatement, such a sum of money to be
paid to such Member by the Trustees of such Society as to such
Arbitrators, Resident Magistrate, or Justices, may seem just and
reasonable, which said sum of money, if not paid, shall be recov-
erable from the said Society or Branch, or the Treasurer, Trus-
tee or other Officer, in the same way as any money awarded by
Arbitrators is recoverable under this Act. -
For the more effectually preventing fraud and imposi-
tion on the funds of such Societies if any Officer, Member, or
any other person, being, or representing himself to be, a Member
of such Society or Branch, or the Nominee, Executor, Adminis-
trator, or Assignee, of any Member thereof, or any other person
whatever, shall in or by any false representation or imposition,
obtain possession of the moneys, securities, books, papers, or other
effects of such Society or Branch, or any part thereof, or having
the same in his or her possession, shall withhold or misapply the
same, it shall be lawful for any Resident Magistrate or Justice of
the Peace usually acting in the District or nearest to the District
or place where such Society or Branch is situated, upon complaint
made on oath or affirmation by any Officer of such Society or
Branch appointed for that purpose, to summon such 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 or affirmation of
the service of such summons, it shall be lawful for any Resident
Magistrate, or any two Justices, usually acting as aforesaid, to
hear and determine the said complaint, and upon due proof of
such fraud the said Resident Magistrate or Justices shall convict
the said party, and award double the amount of the money so
obtained, or withheld, to be paid to the Treasurer, to be applied
by him to the purposes of the Society or Branch, or order the
said securities, books, papers, or other effects, to be delivered to
the Society or Branch, together with such costs as shall be
awarded by the said Resident Magistrate or Justices, not exceed-
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β¨ LLM interpretation of page content
ποΈ
Continuation of Friendly Societies Act regarding member reinstatement and fraud penalties.
(continued from previous page)
ποΈ Governance & Central Administration16 August 1856
Friendly Societies Act, Dispute resolution, Member reinstatement, Fraud prevention, Resident Magistrate, Justices, Arbitration
NZ Gazette 1856, No 32