Text of Legislation




236

proceed thereupon in a summary way, and make such order
therein as to such Justices may seem just.

Minors may be mem-
bers but not hold
office.

  1. A Minor may become a Member of any such Society
    or Branch, and he is hereby empowered to execute all instruments,
    and give all necessary acquittances: Provided always that such
    Minor shall not be competent, during his minority, to hold any
    office as Director, Trustee, Treasurer, or Manager in such So-
    ciety or Branch.

Consent necessary for
dissolution of Society.

  1. It shall not be lawful for the Members of any such So-
    ciety or Branch by any Rule, or Order, or Resolution, to dissolve
    or determine such Society or Branch so long as the intents and
    purposes declared by the Rules of such Society, or any of them,
    remain to be carried into effect, without obtaining the votes of
    consent of five-sixths in number of the then existing Members,
    to be ascertained in manner hereinafter mentioned, and also the
    consent of all persons then receiving, or then entitled to receive,
    relief, either on account of sickness, age, or infirmity, to be testi-
    fied under their hands individually, and respectively; and for the
    purpose of ascertaining the votes of such five-sixths in number
    every member shall be entitled to one vote, and an additional
    võte for every five years that he may have been a member, and in
    all cases of dissolution the intended appropriation or division, of
    the funds, or other property, shall be fairly and distinctly stated in
    the proposed plan of dissolution prior to such consent being given;
    and it shall not be lawful for such Society or Branch, by any Rule,
    to direct the division or distribution of such stock, or fund, or any
    part thereof, to or amongst the several Members of such Society
    other than for carrying into effect the general intents and purposes
    declared by the Rules originally certified; and all such Rules for
    the dissolution or determination thereof, without such consent as
    aforesaid, or for the distribution or division of the stock, or funds,
    contrary to the Rules, shall be void and of none effect and in the
    event of such division or misappropriation of the funds without the
    consent hereby declared to be requisite, any Trustee, or other Offi-
    cer, or person aiding or abetting therein, shall be liable to the like
    penalties as are in this Act provided in cases of fraud: Provided
    always that it shall be lawful for any two or more Societies or
    Branches to become united or incorporated in one Society or Branch,
    upon such terms as shall be approved by the major part of the
    Trustees and Board of Management of both Societies or Branches.

Rules, &c., under
hand of Registrar of
Supreme Court to be
received without proof
of signature.

  1. All rules, alteration of rules, transcript or copy of or ex-
    tracts from all rules, and alteration of rules, and all awards, writ-
    ings, and documents, of what nature or kind soever, relating to any
    Society or Branch, directed by this Act, to be certified by the Regis-
    trar or Deputy Registrar of the Supreme Court having the custody
    thereof, and purporting to be signed by him, shall, in the absence
    of anything to the contrary, be received in all Courts of Law or
    Equity, and elsewhere, without proofs of the signature thereto.

Circulating false co-
pies of rules, &c., a
misdemeanor

  1. If any person shall circulate amongst or give to Members,
    or any Member of a Friendly Society established under this Act, or
    to any person intending or applying to become a Member of such
    Society, a copy of any rules, or tables, or any alterations or am-


Next Page →



Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1856, No 32





✨ LLM interpretation of page content

🏛️ Enforcement and Accountability Provisions of Friendly Societies Act (continued from previous page)

🏛️ Governance & Central Administration
16 August 1856
Friendly Societies Act, Minors, Membership, Dissolution, Funds, Registrar, Supreme Court, Misdemeanor