β¨ Legislation Text Continuation
235
ing the sum of Β£5; and in case such person against whom
such complaint shall be made shall not pay the sum of money
so awarded to the person and at the time specified in the said
order, to deliver the said effects as aforesaid, such Justices are
hereby required, by Warrant under their hands and seals, to
cause the same to be levied by distress and sale of the goods of
such person on whom such order shall have been made, or by
other legal proceedings, together with such costs as shall be
awarded by the said Resident Magistrate or Justices, not exceed-
ing the sum of twenty shillings, and also the costs and charges at-
tending such distress and sale, or other legal proceedings, returning
the overplus (if any) to the owner, and in default of such distress
being found, or of such effects as aforesaid being returned, the said
Resident Magistrate or Justices of the Peace shall commit such
person so proved to have offended to the nearest common Gaol
or House of Correction, there to be kept to hard labour for such
period, not exceeding Three calendar months, as to them shall
seem fit. Provided nevertheless that nothing herein contained
shall prevent the said Society or Branch from proceeding, by
prosecution or complaint, against the party complained of, and
provided also that no party shall be proceeded against by prose-
cution or complaint if a previous conviction has been obtained
for the same offence under the provisions of this Act.
-
No sentence, order, or adjudication, of any Resident
Magistrate or Justices under this Act shall be removed by cer-
tiorari, or otherwise, into any Court of Law, nor shall the same
be restrained by the injunction of any Court of Equity. -
Every person who shall have or receive any part of the
moneys, effects, or funds of, or belonging to, any such Society
or Branch, or shall in any manner have been or shall be entrus-
ted with the disposal, management, or custody thereof, or of any
securities, books, papers, or property, relating to the same, his
or her Executors, Administrators, and Assigns, respectively,
shall, upon demand made, or notice in writing given, or left at
the last or usual place of residence of such persons, in pursuance
of any order of not less than two Trustees, or three Members of
the Committee or Board of Management, give in his account at
the usual meeting of such Society or Branch, or to such Com-
mittee or Board of Management, to be examined and allowed,
or disallowed, and shall, on the like demand or notice, pay over all
the moneys remaining in his hands, and assign and transfer or
deliver all securities and effects, books, papers, and property in
his hands, or custody, to the Treasurer or Trustee for the time
being, or to such other person as such Committee or Board of
Management shall appoint; and in case of any neglect or refusal
to deliver such account, or pay over such moneys, or to assign,
transfer, or deliver such securities and effects, books, papers, and
property, in manner aforesaid, it shall be lawful to and for the
Members of every such Society, or Committee or Board of Man-
agement thereof, to apply to any Resident Magistrate, or any
two or more Justices of the Peace sitting in Petty Session in the
District or nearest to the District or place in which the meetings
of the said Society or Branch shall be held, who shall and may
No certiorari.
Treasurer, &c., to ren-
der accounts and
upon demand pay
over moneys, &c., te
party appointed by
Societies, &c.
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β¨ LLM interpretation of page content
ποΈ
Enforcement and Accountability Provisions of Friendly Societies Act
(continued from previous page)
ποΈ Governance & Central Administration16 August 1856
Friendly Societies Act, Penalties, Warrants, Distress, Gaol, Account rendering, Resident Magistrate, Justices
NZ Gazette 1856, No 32