• TABLE OF CONTENTS
HIDE
 Title Page
 Table of Contents
 Benevolent associations
 Municipal government and county...
 District administration
 Private ordinances
 Miscellaneous
 United States bases
 Alphabetical index of the...














Title: Trinidad and Tobago revised ordinances, 1950
ALL VOLUMES CITATION PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00076995/00006
 Material Information
Title: Trinidad and Tobago revised ordinances, 1950
Uniform Title: Laws, etc. (Trinidad and Tobago revised ordinances, 1950
Physical Description: 10 v. : ; 26 cm.
Language: English
Creator: Trinidad
Maingot, Elliot Francis, 1891-
Publisher: Printed by C. F. Roworth, Govt. printers
Place of Publication: London
Publication Date: 1951 [i.e. 1952]
 Subjects
Subject: Law -- Trinidad and Tobago   ( lcsh )
Genre: non-fiction   ( marcgt )
 Notes
Statement of Responsibility: Prepared under the authority of the Law revision ordinance, ch. 1, no. 1, by Elliot Francis Maingot.
General Note: Cover title: Laws of Trinidad and Tobago, 1950.
General Note: "Contains the ordinances of the colony in force on the 31st day of December, 1950, exclusive of those reserved by ordinance no.23 of 1949 and by subsequent proclamations."
 Record Information
Bibliographic ID: UF00076995
Volume ID: VID00006
Source Institution: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: aleph - 000255255
oclc - 28706053
notis - ABC5972

Table of Contents
    Title Page
        Page iii
        Page iv
    Table of Contents
        Page v
        Page vi
    Benevolent associations
        Page 1
        Page 2
        Page 3
        Page 4
        Page 5
        Page 6
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    Municipal government and county councils
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Full Text














TRINIDAD AND TOBAGO


REVISED ORDINANCES, 1950

PREPARED UNDER THE AUTHORITY OF
THE LAW REVISION ORDINANCE
Ch. 1. No. 1.

BY
ELLIOT FRANCIS MAINGOT
CROWN SOLICITOR OF TBINIDAD AND TOBAGO



THIS EDITION CONTAINS THE ORDINANCES OF THE COLONY
IN FORCE ON THE 31ST DAY OF DECEMBER, 1950,
EXCLUSIVE OF THOSE RESERVED BY ORDINANCE NO. 23 OF
1949 AND BY SUBSEQUENT PROCLAMATIONS.


VOL. VI.


Price per set of 10 Volumes--25 or $120.00 British Caribbean Currency




PRINTED BY
C. F. BOWORTH LTD., 88, FETTER LANE, LONDON, E.0.4.
1951.
[Appointed by the Government of the Colony of Trinidad and Tobago the Govrnment Printer
of this Edition within the meaning of the Evidence (Colonial Statutes) Act, 1907.]
To be purchased from the Government Printer, Port-of-Spain, and from the Crown Agents
for the Colonies, 4, Millbank, London, S.W.1.









UNIVER"T "-F O
L' -. .
VOL. NO. T- 4 t


PRINTED IN GREAT BRITAIN BY
C. F. ROWORTH LTD., 88 FETTER LANE. LONDON, E.C.4.









( v )


CONTENTS.




VOLUME VI.



CHAPTER 38.

BENEVOLENT ASSOCIATIONS.
VOL. VI. PAGE
BUILDING SOCIETIES ... ... .. ... ... 2
FRIENDLY SOCIETIES ... ... ... ... ... 30
FRIENDLY SOCIETIES HOUSING CORPORATION ... ... 168
CREDIT UNION SOCIETIES ... ... ... ... 219



CHAPTER 39.

MUNICIPAL GOVERNMENT AND COUNTY
COUNCILS.


PORT-OF-SPAIN CORPORATION ...
ST. JAMES AREA IMPROVEMENT ... .
DRY RIVER ... ... ... ...
BELMONT IMPROVEMENT RATE ..
EAST DRY RIVER IMPROVEMENT RATE
PORT-OF-SPAIN CORPORATION (ELECTRICITY)
SAN FERNANDO CORPORATION ... ...
SAN FERNANDO RECREATION GROUND ...
SAN FERNANDO ELECTRIC WORKS
SAN FERNANDO AND ARIMA HUCKSTERS,
AND PORTERS ... ... ... .
ARIMA CORPORATION ......
MUNICIPAL ELECTIONS ... ...
MUNICIPAL CORPORATIONS (PENSIONS) ...
PRINCE'S BUILDING ... ... ...
COUNTY COUNCILS ... ... ...


... ... 256
... ... 446
... ... 458
... ... 461
... ... 465
... ... 469
... ... 531
... ... 698
... ... 700


PEDLARS


730
737
874
910
924
928


No.
1.
2.
3.
4.









vi Contents.


CHAPTER 40.

DISTRICT ADMINISTRATION.
No. VOL. VI. PAGE
1. WARDENS ... ...... ... ... ... 1014
2. TOWNS AND VILLAGES (DEFINITION) ... ... ... 1017
3. RECREATION GROUNDS AND PASTURES ... ... ... 1019
4. COUNTRY MARKETS ... ... ... ... ... 1020


CHAPTER 41.

PRIVATE ORDINANCES.


B oY SCOUrs ASSOCIATION ...
GIRL GUll)lES ASSOCIATION ...
LA BREA JETTY AND TRAMWAY...
AION'REAL TRUST COMPANY ...
CARNAGE PIER ... ... ...


... ... 1024
.. ... ... 1026
... ... ... 1028
... ... ... 1031
... ... 1037


CHAPTER 42.
MISCELLANEOUS.


PUBLIC HOLIDAYS ... ... .
PUBLIC LIBRARY .... ...
(CATM111RI.II. R t I IBR AUDY


... ... 1042
.. ... ... 1044
10S4


4. CENTRAL LIBRARY OF TRINIDAD AND TOBAGO ...
5. RACES ... .. ... ......
b. QUEEN'S PARK ......... ...
7. TRADING WITH THE ENEMY ......
8. PATENTS, DESIGNS, COPYRIGHTS AND TRADE MARKS
(EMERGENCY) ... ... ......
9. DIPLOMATIC PRIVILEGES (EXTENSION) ......



CHAPTER 43.

UNITED STATES BASES.

1. UNITED STATES BASES (TEMPORARY PROVISIONS) ...
2. UNITED STATES COUNSEL ... ... ... ...


1057
1061
1065
1067


1082
1099


1106
1111















TRINIDAD AND TOBAGO.


Revised Ordinances, 1950.




CHAPTER 38.

BENE VIOLENT ASSOCIATIONS.
No. 1. -BUILDING SOCIETIES.
No. 2. --- FRIENDLY SoCIILIEs.
No. 3. -FRIENDLY SOCIETIES HOUSING CIORPOIATION.
No. 4. --CREDIT UNION SOCIETIES.


T. -VI.








2 Ch. 38. No. 1.] iBuilding Societics.






CHAPTER 38. No. 1.

BUILDING SOCIETIES.


Ordinance AN ORDINANCE RELATING TO BUILDING SOCIETIES.
Ch.38. No.l-
1 00.

Cominmnce- [31st December, 1890.]
iment.

short title. 1. This Ordinance may be cited as the Building Societies
Ordinance.

Interpre- 2. In this Ordinance-
tation.
Registrar means the Registrar under the Friendly
Societies Ordinance, who shall, for the purposes of this
Ordinance, be the Registrar of Building Societies;
terminating society means a society which by its
rules is to terminate at a fixed date, or when a result
specified in its rules is attained;
permanent society means a society which has not
by its rules any such fixed date or specified result at
which it shall terminate.

Fees of 3. The Registrar shall be entitled to claim, and shall be
Iegitrar. paid by every society under this Ordinance, such sums as
the Governor in Council shall fix, for any of the acts which
he is required to perform under this Ordinance.

Incorpor,- 4. Every society registered under this Ordinance shall,
societies. upon receiving a certificate of incorporation under this
Ordinance, become a body corporate by its registered name,
having perpetual succession and a common seal, until
terminated or dissolved in manner herein provided.







Building Societies. [Ch. 38. No. 1. 3

5. Any number of persons may establish a society under P1urposes
this Ordinance, either terminating or permanent, for the for which
,, ocieties may
purpose of raising by the subscriptions of members a stock estc1"1b-
or fund for making advances to members out of the funds lished.
of the society, upon security of freehold or leasehold
estate, by way of mortgage or any judgment or upon security
of the withdrawal value of the shares held by members of
thle said society; and any society under this Ordinance
may from time to time raise funds by the issue of shares
of one or more denominations, either paid tup in full or to be
paid by periodical or other subscripltions, and with or without
accumulating interest, and may repay such funds when no
longer required for the purposes of the society.

6. It shall be lawful for any society registered under this Botns, etc..
Ordinance to receive from any member or members thereof ,,,tL'tA
any sum or sums of money by way of bonus on any share or usurious.
shares for the privilege of receiving the same in advance
prior to the same leing realized, and also any interest for
the share or shares so received or any part thereof, without
being subject or liable on account thereof to any of the
forfeitures or penalties imposed by any law in force in the
Colony relating to usury.

7. Tlie liability of any member of any society under this i.intiiation
ordinancee in respect of any share upoln which no advance of liability
has been made shall be limited to lhe amount actually
)paid or in arrear on such share, and in respect of any share
upon which an advance has been made shall be limited to
the amount payable thereon under any mortgage or other
security or under the rules of the society.

8. With respect to the borrowing of money by societies Power to
under this Ordinance the following provisions shall have borrow
effect ---
(a) any society may receive deposits or loans, at
interest, within the limits in this section provided,
from the members or other persons, or from corporate
bodies, or from any terminating building society, to be
applied to the purposes of the society;
(b) in a permanent society the total amount so
received on deposit or loan and not repaid by the
1 (2)







4 Ch. 38. No. 1.] Building Societies.

society shall not at any time exceed two-thirds of the
amount for the time being secured to the society by
mortgages from its members;
(c) in a terminating society the total amount so
received and not repaid may either be a sum not
exceeding such two-thirds as aforesaid, or a sum not
exceeding twelve months' subscriptions on the shares
for the time being in force;
(d) every deposit book or acknowledgment or security
of any kind given for a deposit or loan by a society
shall have printed or written therein or thereon the
whole of the immediately preceding section and this
section.

Matters to 9. The rules of every society established under this
e set forth Ordinance shall set forth-
in rules.
(a) the name of the society, and the chief office or
place of meeting for the business of the society;
(b) the manner in which the stock or funds auc to be
raised;
(c) the terms upon which unadvanced subscription
shares are to be issued; and the manner in which the
contributions are to be paid to the society, and with-
drawn by the members, with tables, where applicable
in the opinion of the Registrar, showing the amount
due by the society for principal and interest separately;
(d) the terms upon which paid-up shares, if any, are
to be issued and withdrawn, with tables, where
applicable in the opinion of the Registrar, showing
the amount due by the society for principal and
interest separately;
(c) whether preferential shares are to be issued, and,
if so, within what limits;
(f) the manner in which advances are to be made and
repaid; the deductions, if any, for premiums, and the
conditions upon which a borrower can redeem the
amount due from him before the expiration of the
period for which the advance was made, with tables,
where applicable in the opinion of the Registrar,
showing the amount due from the borrower after
each stipulated payment;










(g) the manner in which losses are to be ascertained
and provided for;
(h) the manner in which membership is to cease;
(i) whether the society intends to borrow money,
and, if so, within what limits not exceeding those
prescribed by this Ordinance;
(j) the purposes to which the funds of the society
are to be applied, and the manner in which they are
to be invested;
(k) the manner of altering and rescinding the rules,
and of making additional rules;
(1) the manner of appointing, remunerating, and
removing the board of directors or committee of
management, auditors and other officers;
(m) the manner of calling general and special
meetings of the members;
(n) provision for an annual or more frequent audit
of the accounts, and inspection by the auditors of the
mortgages and other securities belonging to the
society;
(o) whether disputes between the society and any
of its members, or any person claiming by or through
any member, or under the rules, shall be settled by
reference to the Supreme Court, or to the Registrar,
or to arbitration;
(p) provision for the device, custody, and use of
the seal of the society, which shall in all cases bear the
registered name thereof;
(q) provision for the custody of securities and
documents belonging to the society;
(r) the powers and duties of the board of directors or
committee of management and other officers;
(s) the fines and forfeitures to be inrosed on
members;
(t) the manner in which the society, whether
terminating or permanent, shall be terminated or
dissolved.

10. The persons intending to establish a society under Registration
this Ordinance shall transmit to the Registrar two copies of rules.
of the rules agreed upon by them for the government of the


Building Societies.


[Ch. 38. No. 1.







6 Ch. 38. No. 1.] Building Societies.

society, signed by three of such persons and by the intended
secretary or other officer; and the Registrar, if he find
that the rules contain all the provisions set forth in section 9,
and that they are in conformity with this Ordinance, shall
return one copy of the rules to the secretary or other
officer of the society, with a certificate of incorporation, and
shall retain and register the other copy: Provided that no
society shall be registered under this Ordinance in a name
identical with that in which a subsisting society is already
registered, or so nearly resembling the same as to be
calculated to deceive, unless such subsisting society is
in course of being terminated or dissolved, and consents to
such registration. The society shall supply to any person
requiring the same a complete printed copy of the rules, with
a copy of the certificate of incorporation appended thereto,
and shall be entitled to charge for every such printed
copy of rules a sum not exceeding twenty-four cents.

Alteration 11. Any society established under this Ordinance may
of rules. alter or rescind any rule or make an additional rule, in the
manner its rules direct; and every society under this
Ordinance altering or rescinding any rule, or making an
additional rule, shall forward two copies of every resolution
for rescission of rules, and of every alteration of or addition
to its rules, signed by three members and the secretray,
and a statutory declaration by an officer of the society
that the provisions of this section have been complied
with, to the Registrar, who, if he finds that such alteration,
addition, or rescission is in conformity with this Ordinance,
shall return one of the copies to the secretary or other officer
of the society with a certificate of registration, and retain
and register the other copy.

Change of 12. Any society registered under this Ordinance may
chief office. change its chief office in the manner its rules direct, or
if there be no such directions, then at a general meeting
specially called for the purpose, in the manner set forth
in the rules of the society; and no alteration of rule shall
be necessary upon such change, nor shall the provisions of
section 11 apply to such change. Notice of every such
change shall be given by the secretary of the society to the
Registrar within seven days after such change, and shall








Building Societies. [Ch. 38. No. 1. 7

be registered by him, and he shall give a certificate of
such registration.

13. Any society under this Ordinance, in a schedule to Rules may
provide
its rules, may describe the forms of conveyance, mortgage, forms of
transfer, agreement, bond, security for deposit or loan, or conveyance,
other instrument necessary for carrying its purposes into etc.
execution.

14. Any certificate of incorporation or of registration, or Evidence of
other document relating to a society under this Ordinance, re istrtion
purporting to be signed by the Registrar, shall, in the
absence of any evidence to the contrary, be received by
all courts of law and equity and elsewhere, without proof
of the signature; and a printed copy of the rules of a society,
certified by the secretary or other officer of the society to
be a true copy of its registered rules, shall, in the absence
of any evidence to the contrary, be received as evidence of
the rules.

15. The rules of a society under this Ordinance shall be Rules bind-
mg on
binding on the several members and officers of the society, members
and on all persons claiming on account of a member, or and others.
under the rules, all of whom shall be deemed to have
full notice thereof.

16. A society under this Ordinance may change its name change of
by resolution of three-fourths of the members present at a name.
meeting called for the purpose, provided that the new
name is not identical with that of any society previously
registered and still subsisting, or so nearly resembling the
same as to be calculated to deceive, unless such subsisting
society is in course of being terminated or dissolved, and
consents to such registration. Notice of the change of name
shall be sent to the Registrar and registered by him, and
he shall give a certificate of registration. Such change of
name shall not affect any right or obligation of the society,
or any member thereof, or other person concerned.

17. Every officer of a society under this Ordinance officers to
having the receipt or charge of any moneys belonging to ugvety.
the society shall, before taking upon himself the execution










of his office, become bound with one sufficient surety at
the least, in a bond according to the form set forth in the
Schedule. Schedule hereto, or give the security of a guarantee society,
or such other security as the society direct, in such sum
as the society require, conditioned for rendering a true and
just account of all moneys received and paid by him on
account of the society, and for payment of all sums of
money due from time to time to the society at such times
as its rules appoint, or as the society require him to do so.

Officers to 18. Every such officer, his executors or administrators,
account, shall, upon demand made or notice in writing given or
left at his last or usual place of residence, give in his account
as may be required by the board of directors or committee of
management of the society, to be examined and allowed
or disallowed by them, and shall, on the like demand or
notice, pay over all the moneys remaining in his hands,
and deliver all securities and effects, books, papers, and
property of the society in his hands and custody, to such
persons as the society appoint; and in case of any neglect or
refusal to deliver such account, or to pay over such moneys,
or to deliver such securities and effects, books, papers,
and property in manner aforesaid, the society may sue
upon the bond, or may apply to a Judge of the Supreme
Court in Chambers, who may proceed thereupon in a
summary way, and make such order thereon as to him in
his discretion may seem just, which order shall be final
and conclusive.

Protection 19. If any person appointed to or employed in any office
of onety in any society established under this Ordinance, and
or property
of society in having in his hands or possession by virtue of his office
possession of any moneys or property whatsoever of such society or any
deeds or securities belonging to such society, shall die, or
become insolvent, or have any execution or attachment or
other process issued against any part of his property, or
shall have any action raised against his lands, goods,
chattels, effects, or property or other real or personal
estate, or shall make any assignment, disposition, assigna-
tion, or other conveyance for the benefit of his creditors,
the heirs, executors, administrators, or assignees of every
such officer, and every other person having or claiming


Building Societies.


Ch. 38. No. 1.]








[Ch.38. No.1. 9


right to the property of such officer, and the person
executing such process, and the party raising such action
respectively, shall upon demand in writing made by any
person authorised by the board of directors or committee
of management of such society or by some meeting of
such society to make such demand, deliver and pay over
all such moneys, property, deeds, and securities belonging
to such society to such person as shall have been appointed
as aforesaid to receive the same.

20. Any society under this Ordinance may from time to investment
time, as the rules permit, invest any portion of the funds of funds.
the society, not immediately required for its purposes, upon
real or leasehold securities, or in the purchase of lands, or
lands and buildings, being freehold in the Colony, with
power to exchange the said lands, or to sell the same together
or in lots, or to erect any buildings thereon and to sell the
same, or in the public funds of Great Britain or in or upon
any Parliamentary stock or securities, or in or upon any
stock or securities, payment of the interest on which is
guaranteed by the Imperial Parliament, or in Inscribed
Stock of the Colony, or in case of terminating societies,
with other societies under this Ordinance; and for the
purpose of investments in stock or upon security of real or
leasehold estate, the society, or the board of directors
or committee of management thereof, may from time to
time appoint and remove trustees or make such investments
in its registered name.

21. The powers of investment under this Ordinance Powers of
shall include power to invest in or upon any security in investment.
which trustees are for the time being authorised by law to
invest.

22. If any member of or depositor with a society under Payment of
this Ordinance, having in the funds thereof a sum of money xeeSing
not exceeding two hundred and forty dollars, shall die $240 when
intestate, then the amount due may be paid to the person meo~tors
who shall appear to the directors or committee of manage- die intestate.
ment of the society to be entitled, under the law for the
time being regulating the devolution of personal estate
applicable to the case, to receive the same, without taking
out letters of administration, upon the society receiving


Building Societies.










satisfactory evidence of death, and a statutory declaration
that the member or depositor died intestate, and that the
person so claiming is entitled as aforesaid: Provided that
whenever the society after the decease of any member or
depositor has paid any such sum of money to the person
who at the time appeared to be entitled to the effects of
the deceased, under the belief that he had died intestate,
the payment shall be valid and effectual with respect to any
demand from any other person as next of kin or as the lawful
representative of such deceased member or depositor against
the funds of the society, but nevertheless such next of kin
or representative shall have his lawful remedy for the
amount of such payment as aforesaid against the person
who has received the same.

Member 23. Whenever a member of a society under this Ordi-
instate nance, having executed a mortgage to the society containing
leaving a power of sale, shall die intestate leaving an infant next
nfa next of kin, it shall be lawful for the said society, after selling
the premises so mortgaged to them, to pay to the adminis-
trator or administratrix of the deceased member any money
to the amount of seven hundred and twenty dollars, which
shall remain in the hands of the said society after paying
the amount due to the society and the costs and expenses
of the sale, any law or Ordinance in force in the Colony
to the contrary notwithstanding. The said sum of seven
hundred and twenty dollars to be considered as personal
estate, and liable to duty accordingly.

Punishment 24. If any person whosoever, by false representation or
of fraud in
withholding imposition, obtains possession of any moneys, securities,
money, etc. books, papers, or other effects of a society under this
Ordinance, or, having the same in his possession, withholds
or misapplies the same, or wilfully applies any part thereof
to purposes other than those expressed or directed in the
rules of the society and authorised by this Ordinance, he
shall be liable, on summary conviction to a fine of ninety-six
dollars and costs, and to be ordered to deliver up to the
society all such moneys, securities, books, papers, or other
effects of the society, and to repay the amount of money
applied improperly, and in default of such delivery of effects,
or repayment of such amount of money, or payment of


Ch. 38. No. 1.]


Building Societies.








[Ch.38. No.1. 11


such fine and costs aforesaid, to be imprisoned for three
months; but nothing herein contained shall prevent any
such person from being proceeded against by way of
indictment if a conviction has not been previously obtained
against him for the same offence under the provisions of this
Ordinance.

25. Proceedings under the last preceding section may be Initiation of
proceedings.
taken by or at the instance of-
(a) the society; or
(b) any member authorised by the society or by the
board of directors or committee of management
thereof or by the Registrar; or
(c) the Registrar.

26. A society under this Ordinance may terminate or be Proceedings
necessary for
dissolved- dneerSmnao
(a) upon the happening of any event declared by its tion or
rules to be the determination of the society;
(b) by dissolution in manner prescribed by its rules;
(c) by dissolution with the consent of three-fourths
of the members holding not less than two-thirds of the
number of shares in the society testified by their
signatures to the instrument of dissolution: The
instrument of dissolution shall set forth-
(i) the liabilities and assets of the society in
detail;
(ii) the number of members, and the amount
standing to their credit in the books of the society;
(iii) the claims of depositors and other creditors,
and the provision to be made for their payment;
(iv) the intended appropriation or division of
the funds and property of the society;
(v) the names of one or more persons to be
appointed trustees for the special purpose and their
remuneration:
Alterations in the instrument of dissolution may be
made with the like consent, testified in the same
manner; the instrument of dissolution and all altera-
tions therein shall be registered in the manner provided


Building Societies.










for the registration of rules, and shall be binding upon
all the members of the society;
(d) by an order of the Supreme Court to wind up the
society, made as is directed in regard to companies
by the Companies Ordinance, the provisions whereof
except paragraph (4) of section 161 of the said Ordi-
nance shall apply to any such order.
Notice of the commencement and termination of every
dissolution or winding up shall be sent to the Registrar and
registered by him.

Power to 27. (1) Notwithstanding the provisions of the last pre-
dissolve
society after ceding section, on the application in writing of one-tenth
investiga- of the whole number of members of any society under this
tion. Ordinance, or of one hundred members in the case of a
society of more than one thousand members, setting forth
that the society is unable to meet the claims of its members,
and that it would be for their benefit that it should be
dissolved, and requesting an investigation into the affairs
of the society with a view to the dissolution thereof, the
Registrar may investigate the affairs of the society, but
shall before so doing give not less than two months' previous
notice in writing to the society at its registered chief office
or place of meeting.
(2) If on such investigation it appears that the society
is unable to meet the claims of its members, and that it
would be for their benefit that it should be dissolved, the
Registrar may, if he considers it expedient so to do, award
that the society be dissolved, and shall direct in what
manner the affairs of the society are to be wound up:
Provided that the Registrar may suspend his award for
such period as he may deem necessary to enable the society
to make such alterations of its rules as will in his judgment
prevent the necessity of the award being made.
(3) The Registrar shall, within twenty-one days after
the making of any award for dissolution under this section,
cause notice thereof to be advertised in the Royal Gazette,
and in some newspaper circulating in the Colony.
Obligations
of liquida- 28. Where a society under this Ordinance is being
tors and dissolved in manner prescribed by its rules, or in pursuance
trustees on
dissolution.


Ch. 38. No. 1.]


Building Societies.







Building Societies. [Ch. 38. No. 1. 13

of the consent of three-fourths of the members, the pro-
visions of this Ordinance shall continue to apply in the case
of the society, as if the liquidators or other persons con-
ducting the dissolution of the society, or the trustees
appointed under the instrument of dissolution, were the
board of directors or committee of management of the
society.

29. When a society under this Ordinance is being dis- Liability of
solved or wound up, a member to whom an advance has borrowion
been made under any mortgage or other security, or under dissolution.
the rules of the society, shall not be liable to pay the
amount payable under such mortgage, security, or rules,
except at the time or times and subject to the conditions
therein expressed.

30. If a society under this Ordinance is dissolved in Account and
manner prescribed by its rules, or in pursuance of the consent baae be
of three-fourths of the members, the liquidators, trustees, sent to
or other persons having the conduct of the dissolution shall, egistr on
within twenty-eight days from the termination of the
dissolution, send to the Registrar an account and balance
sheet signed and certified by them as correct, and showing
the assets and liabilities of the society at the commencement
of the dissolution and the mode in which those assets and
liabilities have been applied and discharged, and in default
of so doing shall each be liable, on summary conviction, to a
fine of twenty-four dollars for every day during which the
default continues.

31. A society under this Ordinance shall not cause or Prohibition
permit the applicants for advances to ballot for precedence, of balloting
for
or in any way make the granting of an advance depend on advances.
any chance or lot.

32. (1) A society under this Ordinance shall not advance Prohibition
money on the security of any freehold or leasehold estate of advances
on second
which is subject to a prior mortgage, unless the prior mortgage.
mortgage is in favour of the society making the advance.
(2) If any advance is made in contravention of this
section, the directors of the society who authorised the







Building Societies.


advance shall be jointly and severally liable for any loss on
the advance occasioned to the society.

Limits of 33. In calculating the amount for the time being secured
power" to a society under this Ordinance by mortgages from its
members for the purpose of ascertaining the limits of its
power to receive deposits or loans at interest, the amount
secured on properties the payments in respect of which were
upwards of twelve months in arrear at the date of the
society's last preceding annual account and statement,
and the amount secured on properties of which the society
had been twelve months in possession at the date of such
account and statement, shall be disregarded: Provided
that this section shall not affect the validity of any deposit
or loan which was within the limit provided by law at the
time when it was received.

Provisions 34. (1) A society under this Ordinance shall not use any
a do nae name or title other than its registered name, and shall not
deposits. accept any deposit except on the terms that not less than
one month's notice may be required by the managers of the
society before repayment or withdrawal.
(2) If a society contravenes this section, the society,
and also every director or member of the committee of
management who is a party to the contravention, shall be
liable, on summary conviction, to a fine of forty-eight
dollars, and, in the case of a continuing offence, to an
additional fine of forty-eight dollars for every week during
which the offence continues.

Societies 35. (1) Two or more societies under this Ordinance may
mna" unite and become one society, with or without any dis-
engagements solution or division of the funds of such societies or either
to another. of them, or a society may transfer its engagements to any
other society, upon such terms as shall be agreed upon by
three-fourths of the members (holding not less than two-
thirds of the whole number of shares) of each of such
societies present at general meetings respectively convened
for the purpose. Notice of every such union or transfer
shall be sent to the Registrar, and registered by him, and
such registration shall operate as an effectual conveyance,
transfer, and assignment, as at the date of registration, of


Ch. 38. N'o. L]1










the funds, property, and assets of the said societies so
uniting to the united society, or of the society transferring
its engagements to the society to which such engagements
may be transferred, as may be set forth in the instrument
of union or transfer of engagements, without any conveyance,
transfer, or assignment whatsoever (save and except in the
case of stocks and securities requiring any special mode of
transfer): Provided that such union or transfer of engage-
ments shall not affect the rights of any creditor of either
or any society uniting or transferring its engagements.
(2) Where three-fourths of the members of two or
more societies present at general meetings respectively
convened for the purpose of considering any union or
transfer under this section, agree to the union or transfer,
the agreement shall notwithstanding anything in this
section, be valid if it obtains the concurrence in writing
of the holders of not less than two-thirds of the whole
number of shares of each society, whether they are present
at the meeting or not.

36. Where the rules of a society under this Ordinance Determina-
direct disputes to be referred to arbitration, arbitrators tionof
shall be named and elected in the manner such rules provide, arbitration.
or, if there be no such provision, at the first general meeting
of the society, none of the said arbitrators being beneficially
interested, directly or indirectly, in its funds; of whom a
certain number, not less than three, shall be chosen by
ballot in each such case of dispute, the number of the said
arbitrators and mode of ballot being determined by the
rules of the society; the names of such arbitrators shall be
duly entered in the minute book of the society, and, in
case of the death, or refusal or neglect of any of the said
arbitrators to act, the society, at a general meeting, shall
name and elect an arbitrator to act in the place of the
arbitrator dying, or refusing or neglecting to act; and
whatever award shall be made by the arbitrators or the
major part of them, according to the true purport and
meaning of the rules of the society, shall determine the
dispute; and should either of the parties to the dispute
refuse or neglect to comply with or conform to such award
within a time to be limited therein, the Supreme Court,
upon good and sufficient proof being adduced of such


Building Societies.


[Ch. 38. No. 1.







16 Ch. 38. No. 1.] Building Societies.

award having been made, and of the refusal of the party
to comply therewith, shall enforce compliance with the
Determina- same upon the petition of any person concerned. Where
disutes b the parties to any dispute arising in a society under this
Registrar. Ordinance agree to refer the dispute to the Registrar, or
where the rules of the society direct disputes to be referred
to the Registrar, the award of the Registrar shall have the
same effect as that of arbitrators.

Determina- 37. The Supreme Court may hear and determine a dispute
isutes by in the following cases-
Court. (a) if it shall appear to the Court, upon the petition
of any person concerned, that application has been
made by either party to the dispute to the other party,
for the purpose of having the dispute settled by arbi-
tration under the rules of the society, and that such
application has not within forty days been complied
with, or that the arbitrators have refused or for a period
of twenty-one days have neglected to make any award;
(b) where the rules of the society direct disputes to be
referred to the said Court.

Determina- 38. Every determination of a dispute by arbitrators, or by
finao be the said Supreme Court, or by the Registrar, shall be binding
and conclusive on all parties, and shall be final to all intents
and purposes, and shall not be subject to appeal, and shall
not be removed or removable into any court of law, or
restrained or restrainable by the injunction of any court of
equity: Provided that the arbitrators or the Registrar or
the said Supreme Court, as the case may be, may, at the
request of either party, state a case for the opinion of the
Full Court on any question of law, and shall have power to
grant to either party to the dispute such discovery, as to
documents and otherwise, as might now be granted by any
court of law or equity, such discovery to be made on behalf
of the society by such officer of the society as the arbitrators,
Registrar, or Supreme Court may determine.

Special case. 39. The arbitrators, Registrar, or court to whom a dispute
is referred in pursuance of this Ordinance, shall not be
compelled to state a special case on any question of law







[Ch. 38. No. 1. 17


arising in the case, but may do so on the request of either
party as provided in the last preceding section.

40. The word disputes in this Ordinance, or in the Definition of
rules of any society hereunder, shall be deemed to refer only Dsputes."
to disputes between the society and a member or any
representative of a member in his capacity of a member of
the society, unless by the rules for the time being it shall
be otherwise expressly provided; and, in the absence of
such express provision, shall not apply to any dispute between
any such society and any member thereof, or other person
whatsoever, as to the construction or effect of any mortgage
deed or other security, or any contract contained in any
document other than the rules of the society, and shall not
prevent any society, or any member thereof, or any person
claiming through or under him, from obtaining in the
ordinary course of law any remedy in respect of any such
mortgage or other security or other contract to which such
person or the society would otherwise be by law entitled.

41. A society under this Ordinance may purchase, build, Buildings
hire. or take upon lease any building for conducting its m based
business, and may adapt and furnish the same, and may or leased.
purchase or hold upon lease any land for the purpose of paes of
erecting thereon a building for conducting the business of business.
the society, and may sell, exchange, or let such building,
or any part thereof.

42. Any person under the age of twenty-one may be Minors may
admitted as a member of any society under this Ordinance numbers.
the rules of which do not prohibit such admission, and may,
subject to the rules of the society, enjoy all the rights of a
member (save as herein provided), and may execute all
instruments and give all necessary acquittances, but during
his minority he shall not be competent to vote or hold any
office in the society.

43. Two or more persons may jointly hold a share or shares Shares may
in any society under this Ordinance; and all shares held be held
jointly by any two or more persons in any society registered jointly.
under this Ordinance, the rules whereof shall not prohibit
such joint holding, shall be deemed to be lawfully so held.
T.-VI. 2


Building Societies.







18 Ch. 38. No. 1.] Building Societies.

Annual 44. The secretary or other officer of every society under
account and this Ordinance shall, once in every year at least, prepare an
statement of
funds, account of all the receipts and expenditure of the society
since the preceding statement, and a general statement of its
funds and effects, liabilities and assets, showing the amounts
due to the holders of the various classes of shares respectively,
to depositors and creditors for loans, and also the amount
due or outstanding on their mortgage securities (not
including prospective interest), and the amount invested on
stock or other securities; and every such account and state-
ment shall be attested by the auditors, and such account and
statement shall be countersigned by the secretary or other
officer; and every member, depositor, and creditor for
loans shall be entitled to receive from the society a copy
of such account and statement.

Annual 45. (1) Every annual account and statement under the
account and last preceding section shall be made up to the end of the
statement of g
funds, official year of the society to which it relates, and shall be
in such form and shall contain such particulars as the
Registrar may from time to time with the app;ovwl of the
Governor direct, either generally or with respect to any
society or class of societies. The form of annual account
and statement prescribed for general use by the Registrar
under this section, and every alteration of that form, shall
as soon as practicable be laid before the Legislative Council,
and shall not come into operation until the expiration of
forty days from the date at which it is so laid: Provided
that every such account and statement shall set forth-
Particulars (a) with respect to mortgages to the society upon
as to each of which the present debt does not exceed
ortgags $24,000 (not being mortgages where the repayments
are upwards of twelve months in arrear, or where the
property has for upwards of twelve months been in
possession of the society), the number of all such
mortgages, and the aggregate amount owing thereon
at the date of the account or statement, such informa-
tion being given separately in respect of each of the
four following classes-
(i) where the debt does not exceed $2,400;
(ii) where the debt exceeds $2,400 and does not
exceed $4,800;







[Ch. 38. No. 1. 19


(iii) where the debt exceeds $4,800 and does not
exceed $14,400;
(iv) where the debt exceeds $14,400 and does
not exceed $24,000; and
(b) with respect to any other mortgage to the society,
the particulars shown by the appropriate tabular form
in the Schedule hereto.
(2) Every auditor, in attesting every such annual Duties of
account or statement, shall either verify that it is correct, auditors.
duly vouched, and in accordance with law, or specially
report to the society in what respect he finds it incorrect,
unvouched, or not in accordance with law, and shall also
certify that he has at that audit actually inspected the
mortgage deeds and other securities belonging to the
society, and shall state the number of properties with
respect to which deeds have been produced to and actually
inspected by him.
(3) A copy of every such annual account and state- Time for
ment shall be sent to the Registrar within fourteen days iesof
after the annual or other general meeting at which it is account to
presented, or within three months after the expiration of the Registrar.
official year of the society, whichever period expires first,
and another copy thereof shall be suspended in a conspicuous
place in every office of the society.
(4) For the purposes of this section, the expression official
"official year shall mean, in the case of any society year.
hereafter to be established, the year ending on the 31st of
December, and, in the case of any existing society, the year
ending on the day up to and inclusive of which its annual
account and statement is made.

46. Notwithstanding anything in the rules of any society, Auditors.
one at least of the auditors of the society shall be a person
who publicly carries on the business of an accountant.

47. (1) The Registrar may, if he thinks fit, on the appli- Inspection
cation of ten members of a society under this Ordinance, of books.
each of whom has been a member of the society for not
less than twelve months immediately preceding the date
of the application, appoint an accountant or actuary to
inspect the books of the society, and to report thereon.
2 (2)


Building Societies.










(2) Provided as follows-
(a) the applicants shall deposit with the Registrar
such sum as a security for the costs of the proposed
inspection as the Registrar may require; and
(b) all expenses of and incidental to any such
inspection shall be defrayed by the applicants, or out
of the funds of the society, or by the members or
officers, or former members or officers, of the society
in such proportions as the Registrar may direct.
(3) The person appointed under this section shall have
power to make copies of any books of the society, and to
take extracts therefrom at all reasonable hours, at the
registered office of the society or at any place where the
books are kept.
(4) The Registrar shall communicate the results of
any such inspection to the applicants and to the society.

Registrar 48. (1) The Registrar may, on the application of one-
may appoint tenth of the whole of the members of a society under this
inspector or
call pcia Ordinance, or of one hundred members in the case of a
meeting. society consisting of more than one thousand members,
and with the consent of the Governor, either appoint an
inspector to examine into and report on the affairs of the
society, or call a special meeting of the society.
(2) Provided as follows-
(a) the application under this section shall be
supported by such evidence as the Registrar may direct
for the purpose of showing that the applicants have
good reason for requiring the inspection to be made or
the meeting to be called, and that they are not actuated
by malicious motives in their application; and
(b) such notice of the application shall be given to
the society as the Registrar may direct; and
(c) the Registrar shall require the applicants to give
security for the costs of the proposed inspection or
meeting before the inspector is appointed or the meeting
is called; and
(d) all expenses of and incidental to the inspection or
meeting shall be defrayed by the applicants, or out of
the funds of the society, or by the members or officers,


Building Societies.


20 Ch. 38. No. 1.]










or former members or officers of the society, in such
proportions as the Registrar may direct.
(3) An inspector appointed under this section may Powers of
require the production of all or any of the books, accounts, inspector.
securities, and documents of the society, and may examine
on oath its officers, members, agents, and servants in
relation to its business, and may administer an oath
accordingly.
(4) The Registrar may direct at what time and place Time and
a special meeting under this section is to be held, and what lace of
matters are to be discussed and determined at the meeting,
and the meeting shall have all the powers of a meeting
called according to the rules of the society, and shall in all
cases have power to appoint its own chairman, any rule of
the society to the contrary notwithstanding.
(5) The Registrar may, without any application by Power in
certain cases
members, but with the consent of the Governor given on to call
each occasion, exercise the powers given by this section in special
the following cases- meeting.
(a) where a society has, for two months after notice,
failed to make any return required by this Ordinance;
(b) where a society has, for two months after notice,
failed to correct or complete any such return;
(c) where evidence is furnished by a statutory
declaration of not less than three members of a society
of facts which in the opinion of the Registrar call for
investigation, or for recourse to the judgment of a
meeting of the members: Provided that the Registrar
shall, forthwith on receipt of such declaration, send
a copy thereof to the society, and such society shall,
within fourteen days from the sending of such copy,
be entitled to give the Registrar an explanatory
statement in writing, by way of reply thereto.

49. (1) Where the Registrar is satisfied that a certificate Cancelling
of incorporation has been obtained for a society under this and suspen-
sion of
Ordinance by fraud or mistake, or that any such society registry.
exists for an illegal purpose, or has wilfully and after notice
from the Registrar violated any of the provisions of this
Ordinance, or has ceased to exist, the Registrar may, by
writing under his hand, with the approval of the Governor,


Building Societies.


[Ch. 38. No. 1.








22 Ch. 38. No. 1.] Building Societies.

cancel the registration of the society, or suspend the
registry thereof for any term not exceeding three months,
and may, with the like approval, renew such suspension
from time to time for the like period.
Notice of (2) The Registrar shall, before cancelling or suspending
intention to .
suspend or the registry of the society under the foregoing powers, give
cancel to the society not less than two months' previous notice in
registry. writing, specifying briefly the ground of the proposed
cancelling or suspension, and shall, as soon as practicable
after the cancelling or suspension takes place, cause notice
thereof to be published in the Royal Gazette, and in some
newspaper circulating in the Colony.
Appeal from (3) A society may appeal from the cancelling of its
Registrar. registry, or from any suspension thereof for a term exceeding
six months, to the Supreme Court, and thereupon the Court
may, if it thinks it just so to do, set aside the cancelling or
suspension.
Cancellation (4) The Registrar may also, if he thinks fit, at the
or society. request of any society under this Ordinance, evidenced in
such manner as he may direct, cancel the registry of the
society.
Effect of (5) A society whose registry has been cancelled or
cancellation suspended shall from the time of such cancelling or suspen-
or suspen-
sion. sion (but in case of suspension only while the suspension
lasts, and in any case subject to the right of appeal given by
this section) absolutely cease to enjoy as such the privileges
of a society under this Ordinance, but without prejudice to
any liability incurred by the society, and any such liability
may be enforced against the society as if the cancelling or
suspension had not taken place.

Receipt to 50. When all moneys intended to be secured by any
Sufficient mortgage or further charge of or upon any land not brought
without under the provisions of the Real Property Ordinance, given
conveyance to a society under this Ordinance, have been fully paid or
discharged, the society may endorse upon or annex to such
mortgage or further charge a. reconveyance of the mortgaged
property to the then owner of the equity of redemption, or
to such persons and to such uses as he may direct, or a
receipt under the seal of the society, countersigned by the
secretary or manager, in the form specified in the Schedule








[Ch. 38. No. 1. 23


hereto; and such receipt shall vacate the mortgage or further
charge or debt, and vest the estate of and in the property
comprised therein in the person for the time being entitled
to the equity of redemption, without any reconveyance or
resurrender whatever; and if the said mortgage or further
charge has been registered under any law or Ordinance
of the Colony for the registration or record of deeds or titles
other than the Real Property Ordinance, the Registrar
under such law or Ordinance, or his Deputy, or the recording
officer, as the case may be, shall, on production of such
receipt verified by the oath of any person, endorse upon or
annex to such mortgage or further charge an entry to the
effect that such mortgage or charge is satisfied, and shall
grant a certificate separately to the like effect, which
certificate shall be received in evidence in all courts and
proceedings without any further proof, and which entry
shall have the effect of clearing the register or record of
such mortgage; and there shall be paid to the Registrar or
recording officer for the use of the Colony a fee of sixty
cents for making the said entry and granting the said
certificate, and such fee shall be paid by stamps and applied
as the other fees of such registry of deeds or titles are for the
time being applied.

51. Every society under this Ordinance shall be deemed to Application
be a company within the meaning of the Companies pani
Ordinance. Ordinance.

52. If any society formed under this Ordinance, or any Penalties.
persons representing themselves to be a society under this
Ordinance, commence business without first obtaining a
certificate of incorporation under this Ordinance, or if
any society under this Ordinance makes default in inserting
in any deposit book or acknowledgment or security for loan
the matters required by section 8 to be inserted therein,
the person or persons by whom such business shall have
been so commenced, or by whom such default shall have
been made, shall be liable, for every day business is so
carried on, or for every such default, on summary conviction,
on the complaint of the Registrar, to a fine of twenty-four
dollars. If any society under this Ordinance receives
loans or deposits in excess of the limits prescribed by this


Building Societies.








24 Ch. 38. No. 1.] Building Societies.

Ordinance, the directors or committee of management of
such society receiving such loans or deposits on its behalf
shall be personally liable for the amount so received in
excess.

Penalties 53. If any society neglects or refuses-
for neglect
or refusal to (a) to give any notice, send any return or document,
compl with or do or allow to be done anything which the society is
of Ordinance. by this Ordinance required to give, send, do, or allow
to be done, or
(b) to do any act or furnish any information required
for the purpose of this Ordinance by the Registrar or
by an inspector,
the society, and also every officer thereof bound by the rules
thereof to fulfil the duty a breach of which has been
committed, and if there is no such officer then every
member of the committee of management or board of
directors of the society, unless it appears that he was
ignorant of or attempted to prevent the breach, shall for
each offence be liable, on summary conviction, to a fine of
ninety-six dollars, and, in the case of a continuing offence,
to an additional fine of twenty-four dollars for every week
during which the offence continues.

False entries. 54. If any person wilfully makes, orders, or allows to be
made any false statement in any document required by
this Ordinance to be sent to the Registrar, or by erasure,
omission, or otherwise wilfully falsifies any such document,
he shall be liable, on summary conviction, to a fine of two
hundred and forty dollars.

Gifts, etc., 55. No director, secretary, surveyor, solicitor, or other
not to be
accepted by officer of the society under this Ordinance shall, in addition
officials. to the remuneration prescribed or authorised by the rules of
the society, receive from any person any gift, bonus,
commission, or benefit for or in connection with any loan
made by the society, and any person paying or accepting
any such gift, bonus, commission, or benefit shall be
liable, on summary conviction, to a fine of two hundred
and forty dollars, and the person accepting any such gift,
bonus, commission, or benefit shall, as and when directed









Building Societies.


[Ch. 38. No. 1. 25


by the court by whom he is convicted, pay over to the society
the amount or value of such gift, bonus, commission, or
benefit, and, in default of such payment, shall be liable
to be imprisoned for six months.


56. The Registrar shall cause to be made an abstract Annual
and report of the annual accounts and statements of gistrar.
societies and of his proceedings as Registrar under this
Ordinance, and shall lay the same before the Governor
and Legislative Council.

57. The Governor in Council may make regulations Regulations.
respecting the fees, if any, to be paid for the transmission,
registration, and inspection of documents under this
Ordinance and generally for carrying this Ordinance into
effect.


SCHEDULE.

Bond. (Section 17.)
KNOW ALL MEN by these presents that we, of one of the officers
of the Building Society established at in the of and
of (as surety on behalf of the said ) are jointly and severally
held and firmly bound to the said society in the sum of to be paid to the
said society, for which payment well and truly to be made we jointly and severally
bind ourselves, and each of us by himself, our and each of our heirs, executors and
administrators, firmly by these presents. Dated the day of
19
Whereas the above bounden has been duly appointed to the Office
of of the Building Society, established as aforesaid, and he, together
with the above bounden as his surety, have entered into the above written
bond subject to the condition hereinafter contained.
Now, therefore, the condition of the above written bond is such, that if the said
shall and do render a just and true account of all moneys received and
paid by him, and shall and do pay over all the moneys remaining in his hands,
and assign and transfer or deliver all securities and effects, books, papers and
property of or belonging to the said society in his hands or custody, to such person
or persons as the said society shall appoint according to the rules of the said society,
together with the proper or legal receipts or vouchers for such payments, then the
above written bond shall be void and of no effect, otherwise shall be and remain
in full force and virtue.

Receipt to be endorsed on Mortgage or Further Charge. (Section 50.)
The Building Society hereby acknowledge to have received all moneys
intended to be secured by the within written deed.
In witness whereof the seal.of the society is hereto affixed this day of
,19 by order of the Board of Directors in presence of











Ch. 38. No. 1.]


Building Societies.


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Building Societies. [Ch. 38. No. 1. 27


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Building Societies.


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Building Societies. [Ch. 38. No. 1.


Certificate of Incorporation.
No.
The Registrar hereby certifies that the Building Society, established
at is incorporated under the Building Societies Ordinance, this day
of 1) The incorporation of a Building Society does not imply any
approval by the Registrar of its rules or tables, or any guarantee of its good
nliniagemnnt or financial stability.
Registrar (f Iluilding Socirlies.


Certificate of Registration of Alteration of Rules.

The Registrar hereby certifies that the foregoing alteration of (or addition to)
the rules of the 13Building Society, established at is registered
under the Building Societies Ordinance, this day of It The
registry of rules or alterations does not imply any approval of then bv the Registrar,
or any guarantee of the good mnanagll(ent or financial stability of the society.

Registrar of Huilding .Soirtirs.


Certificate of Registration of Change of Name.
The liegistrar hereby certifies that the registered natlme of the lBuilding
Srcilv\. established at is changed froni the date hereof to the name
following: -
This day of p)
h'egiihtrtr of building Stocietie's.


Certificate of Alteration of Chief Office.
ThI Registrar herey certifies that the registered chief ottlie of the
tuihiling Society, established at is ch;inged from the date hereof to the
ofllw or place following:
This day of 19'
h'crislrar of Ituilding Socirtics.


Certificate of Registration of Instrument of Dissolution.
The Registrar hereby certifies that the foregoing instrument of dissolution of the
Builitng Society, established at is registered under tile Building
,ocieties ()rdinlance.
This da;y of 1
Iregisrar of Bluilding Socirties.







30 Ch. 38. No. 2.]


CHAPTER 38. No. 2.

FRIENDLY SOCIETIES.

Ordinances AN ORDINANCE RELATING TO FRIENDLY SOCIETIES.
No. 1S-1950.
,, 43-1950.
Commence- [18th May, 1950.]
ment.

Short tille. 1. This Ordinance may be cited as the Friendly Societies
Ordinance.

Interpre- 2. In this Ordinance-
tat ion.
amendment of rule includes a new rule, and a
resolution rescinding a rule;
branch means any number of the members of a
society, under the control of a central body, having
a separate fund, administered by themselves or by
a committee of officers appointed by themselves, and
bound to contribute to a fund under the control of a
central body;
child includes son and daughter whether
legitimate or illegitimate, adopted son and adopted
daughter, and stepson and stepdaughter;
committee means the committee of management
or other directing body of a society or branch;
election" means an election of an officer or
officers of a committee of management or other
directing body of a society or branch, held under the
provisions of this Ordinance;
land includes any interest in land;
meeting includes (where the rules of a society or
branch so allow) a meeting of delegates appointed by
members;
officer includes any trustee, treasurer, secretary,


Friendly Societies.







[Ch.38. No. 2. 31


or member of the committee of management of a
society or branch, or person appointed by the society
or branch to sue and be sued on its behalf;
persons claiming through a member includes the
nominees of the member where nomination is allowed;
prescribed person means a person prescribed by
any regulation made under this Ordinance;
property includes all property whether real or
personal (including books and papers);
savings bank" means the Post Office Savings
Bank and the savings department of any bank licensed
by Ordinance;
signed in relation to a body corporate, means
sealed;
society" means a society registered under this
Ordinance, and includes societies subsisting at the
commencement of this Ordinance to which the
provisions of this Ordinance apply;
subscription includes any contribution or dues
paid in accordance with the rules of a society or branch.

THE REGISTRAR.
3. (1) There shall be a Registrar of Friendly Societies (in The
this Ordinance called the Registrar.") Rtgistrar.
(2) The Registrar shall be appointed by and shall hold
his office during the pleasure of the Governor.
(3) The Registrar shall be a barrister or solicitor of not
less than five years standing.
(4) The Governor may establish and maintain an
office for the Registrar and may appoint such officers and
other persons, as he may think fit, at such salaries or
allowances as he may from time to time fix, to assist the
Registrar in carrying out the duties imposed upon him by
this Ordinance and any amendment thereof. The Governor
may, by general or special order published in the Royal
Gazette, confer on such officers as he may deem fit all or
any of the powers of the Registrar under this Ordinance.
(5) The office of the Registrar shall be open to the
public for the transaction of business from the hour of


Friendly Societies.








32 Ch. 38. No. 2.] Friendly Societies.

9.00 o'clock in the forenoon until the hour of 3.00 o'clock
in the afternoon of every day in the year excepting
Saturday, on which days the office shall be closed at the
hour of 12 noon: Provided that the said office shall be kept
closed on Sundays, Good Friday, Christmas Day and on
all public holidays.
(6) The Registrar may-
(a) prepare and cause to be circulated, for the use of
societies, model forms of accounts, balance sheets, and
valuations; and
(b) collect from the returns under this Ordinance and
from other sources, and publish and circulate, or
otherwise make known, such information on the
subject of the statistics of life and sickness, and the
application thereof to the business of friendly societies,
and such particulars of their returns and valuations,
and such other information useful to the members of
or to persons interested in societies, as he may think
fit; and
(c) cause to be constructed and published tables for
the payment of sums of money on death, in sickness,
or old age, fire insurance, or on any other contingency
forming the subject of an assurance authorised under
this Ordinance which may appear to be calculable:
Provided that the adoption of the tables by a society
shall be optional.

Annual 4. The Registrar shall in every year make a return
return by to the Governor containing, in respect of every society, the
Registrar. particulars set out in section 26 of this Ordinance.


REGISTRY OF SOCIETIES.
Societies to 5. (1) The following societies shall be societies to which
which this this Ordinance applies:-
Ordinance
applies. (a) societies (in this Ordinance called friendly
societies) for the purpose of providing by voluntary
subscriptions of the members thereof, with or without
the aid of donations, for-
(i) the relief or maintenance of the members,
their husbands, wives, children, fathers, mothers,








Friendly Societies. [Ch. 38. No. 2. 33

brothers or sisters, nephews or nieces, or wards
being orphans, during sickness or other infirmity,
whether bodily or mental, in old age (which shall
mean any age after fifty) or in widowhood, or for
the relief or maintenance of the orphan children
of members during minority; or
(ii) insuring money to be paid on the birth of a
member's child, or on the death of a member,
or for the funeral expenses of the husband, wife,
child, ward, father, mother, brother, sister, uncle,
aunt, nephew or niece of a member, or of such
other relation of the member's family as is wholly
or in part dependent upon the earnings of the
member for the ordinary necessaries of life, or of
the widow of a deceased member: Provided
always that a person shall be deemed to be the
child, father, mother, brother, sister, uncle, aunt,
nephew, niece or other relation as aforesaid of
the member, notwithstanding that he or she is
not a legitimate relative of such member; or
(iii) the relief or maintenance of the members
when on travel in search of employment, or
when in distressed circumstances, or in case of
shipwreck, or loss or damage of or to boats or
nets; or
(iv) the endowment of members or nominees of
members at any age; or
(v) the insurance against fire, to any amount
not exceeding seventy-two dollars, of the tools
or implements of the trade or calling of the
members; or
(vi) the insurance against fire, to any amount
not exceeding two hundred and forty dollars, of
the household furniture, goods and effects of the
members; or
(vii) insuring money to be paid in the event of
the marriage of members:
Provided that this Ordinance shall not apply to
a friendly society which contracts with any person
for the assurance of an annuity exceeding two hundred
and forty dollars per annum, or of a gross sum exceeding
two thousand four hundred dollars;
T.-vi. 3









(b) societies (in this Ordinance called cattle insurance
societies) for the purpose of insurance to any amount
against loss of neat cattle, sheep, lambs, swine, horses,
and other animals by death from disease or otherwise;
(c) societies (in this Ordinance called benevolent
societies) for any benevolent or charitable purpose;
(d) societies (in this Ordinance called working-
men's clubs) for purposes of social intercourse, mutual
helpfulness, mental and moral improvement, and
rational recreation;
(e) societies (in this Ordinance called specially
authorised societies) for any purpose which the
Governor may authorise as a purpose to which the
provisions of this Ordinance, or such of them as are
specified in the authority, ought to be extended:
Provided that where any provisions of this Ordinance
are so specified those provisions only shall be so
extended.
(2) For the purposes of clause (ii) of paragraph (a)
of subsection (1) the expression funeral expenses shall
be deemed to include all incidental and ancillary expenses
which the member may incur in connection with the
death and is not restricted to the payment of the funeral.

societies to 6. (1) Every society to which this Ordinance applies
beregistered. shall be registered under this Ordinance: Provided that
it shall be deemed to be a sufficient compliance with the
provisions of this section if, before any subscriptions or
fees are collected from any member, the Registrar, by
writing under his hand, permits any person named therein,
hereinafter referred to as a permitted person, to take the
necessary steps for the formation of a society and if such
society is in fact registered within six months of such
permission being given as aforesaid.
(2) In the event of any contravention of the pro-
visions of this section, every secretary, trustee, member of
the committee, or other officer of an unregistered society
shall be liable to a fine of five dollars for every day during
which such society remains unregistered.
(3) Every permitted person shall while such society is
in process of formation cause to be kept proper books of


34 Ch. 38. No. 2.]


Friendly Societies.








[Ch.38. No. 2. 35


account with respect to all subscriptions or fees received
and all sums of money expended by such person and the
matters in respect of which the receipts and expenditure
take place and shall immediately prior to the registration
of the said society or at the end of the said period of six
months, whichever shall occur sooner, send to the Registrar
a true return signed by him of the receipts and expenditure,
funds and effects collected, received and expended by him
while such society was in process of formation.
(4) If it is shown that proper books of account were
not kept by such permitted person throughout the said
period of six months immediately preceding the registration
of such society such permitted person shall unless he shows
that he acted honestly or that in the circumstances in which
the affairs of the society in formation were carried on the
default was excusable, be liable on summary conviction
to imprisonment for six months or to a fine of two hundred
and forty dollars.
(5) The Registrar shall on being satisfied that any
member or other person has subscribed to the funds so
collected or received or has an interest therein permit
such member or other person to inspect without payment
of any fee the said return at the office of the Registrar
during the usual or customary hours of business.
(6) The Registrar may at any time either before
or after the registration of a society order the books,
accounts, vouchers, documents, securities and funds of
such society during the period it was unregistered or in
course of formation to be inspected or audited by some
fit and proper person appointed by him, and it shall be the
duty of the permitted person and of every secretary,
treasurer, trustee and member of the committee or other
officer of the society to make available to the person so
appointed all the books, accounts, vouchers, documents,
securities and funds of the society for purposes of inspection
or audit; and the Registrar may order such person to be
paid out of the funds of the said unregistered society or
society in formation or by Government as he may deem
fit, such fee not exceeding such sum as may be prescribed.

7. (1) A society shall not be registered under this conditions
of registra-
Ordinance unless it consists of thirty-five persons at least, tion.
3 (2)


Friendly Societies.







36 Ch.38. No. 2.]


(2) For the purpose of registry, there shall be sent
to the Registrar an application to register the society,
signed by seven members and the secretary, and two copies
of the rules, together with a list of the names and addresses
of the secretary, of the treasurer, of every member of the
committee, and of every trustee or other officer intended
to be authorised to sue and be sued on behalf of the society
and of other members intending to join the society in order
to constitute a minimum membership of thirty-five.
(3) The rules of the society so sent shall, according
to the class in which the society is to be registered, contain
provisions in respect of the several matters mentioned in the
First Schedule hereto.
(4) Any society or branch registered under this
Ordinance the rules of which do not make adequate pro-
visions in respect of the several matters mentioned in the
First Schedule or required by regulations made under this
Ordinance, shall, upon notice in writing from the Registrar
to that effect, forthwith amend or supplement its rules
by including therein, the necessary provisions required by
such notice to be made.
(5) If the list is signed by the secretary, the treasurer,
every member of the committee, and every trustee and
other officer named therein, it shall on the registry of the
society be evidence that the persons so signing have been
duly appointed. The list shall be open to inspection by
any person on payment of a fee of twenty-four cents in
respect of any one registered society, and any such person
shall be entitled to take notes or extracts therefrom.

Name of 8. A society shall not be registered under a name
society. identical with that under which any other existing society
is registered, or so nearly resembling that name as to be
likely, or in any name likely, in the opinion of the Registrar,
to deceive the members or the public as to its nature or its
identity.

Acknowledg- 9. The Registrar, on being satisfied that a society has
ment of
registry. complied with the provisions of this Ordinance as to
registry, shall issue to that society an acknowledgment of
registry specifying the designation of the society according


Friendly Societies.










to the classification set forth in this Ordinance, and this
acknowledgment shall be conclusive evidence that the
society therein mentioned is duly registered, unless it is
proved that the registry of the society has been suspended
or cancelled.

10. (1) From a refusal to register a society, an appeal Appealsfrom
shall lie by the society to a Judge of the Supreme Court eusl to
sitting in Chambers.
(2) If the refusal to register is over-ruled on appeal
the Registrar shall give an acknowledgment of registry to
the society.

11. (1) An amendment of a rule made by a society shall Registry of
amendments
not be valid until the amendment has been registered under of rules.
this Ordinance, for which purpose copies of the amendment,
signed by three members and the secretary, shall be sent to
the Registrar.
(2) The Registrar shall, on being satisfied that any
amendment of a rule is not contrary to the provisions of this
Ordinance, issue to the society an acknowledgment of
registry of the amendment and that acknowledgment shall
be conclusive evidence that the amendment is duly registered.
(3) The provisions of this Ordinance as to appeals
from a refusal to register a society shall apply to a refusal
to register an amendment of a rule.

12. A society (other than a benevolent society or working- Registry of
men's club) shall not be disentitled to registry by reason of dividi.
any rule for or practice of dividing any part of the funds
thereof if the rules of the society contain distinct provision
for meeting all claims upon the society existing at the time
of division before any such division takes place.

13. A society providing for the endowment of a member Registry of
or the nominee of a member at any age, or assuring a certain insua ndce
annuity, shall not be entitled to registry, unless the tables of of societies
contributions for such respective benefits or assurance, annuins.
certified by some actuary approved by the Registrar, who
has exercised the profession of actuary for at least five


Friendly Societies.


[Ch. 38. No. 2.








38 Ch.38. No. 2.]


years, are sent to the Registrar with the application for
registry.

SOCIETIES WITH BRANCHES.
Registry of 14. (1) Where a society has branches, the application for
societies registry shall be accompanied with-
branches. (a) a list of all the branches, and notice of the place
where the registered office of each branch is situate;
and
(b) if any branch is to have trustees or officers
authorised to sue and be sued on its behalf, other
than the trustees or officers authorised to sue and be
sued on behalf of the society, a list of the names of all
such trustees or officers, distinguishing the branches
for which they are authorised to sue and be sued; and
(c) if the rules of all the branches (in this Ordinance
called branch rules) are or are intended to be identical,
a statement to that effect, and copies of those rules;
and
(d) if the branch rules are not or are not intended to
be identical, a statement to that effect, and copies of
all branch rules.
(2) A society having a fund under the control of a
central body to which every branch is bound to contribute
may be registered as a single society.

Establish- 15. There shall be sent under the hand of the secretary
ment of new
branches. of a society to the Registrar-
(a) notice of the establishment of every new branch
of the society; and
(b) notice of the place where the registered office of
the branch is situate; and
(c) if the branch is to have trustees or officers
authorised to sue and be sued on its behalf, other than
the trustees or officers authorised to sue and be sued
on behalf of the society, a list of the names of such
trustees or officers; and
(d) a statement whether or not the rules of the branch
are identical with those of the other branches of the
society, and, if not so, a copy of the rules of the branch.


Friendly Societies.








Friendly Societies. [Ch. 38. No. 2. 39

16. The provisions of this Ordinance as to- Application
of previous
(a) the acknowledgment of registry of societies and provisions
amendments of rules, and to branches.
(b) appeals from refusals to register societies and
amendments of rules and the result thereof, and
(c) the registry of the amendments of rules, and
(d) evidence of registry and of the appointment of
trustees and officers,
shall apply to branches and amendments of branch rules.

17. (1) A body which has been registered as a branch of a Requisites
society shall not be registered as a society except on pro- or branches
duction to the Registrar of a certificate, under the hand of as societies.
the chief secretary or other principal officer of the society
of which it was a branch, that the body has wholly seceded
or has been expelled from the society.
(2) An appeal shall lie from the refusal of the chief
secretary or other principal officer of the society, or his
omission, after three months from the receipt of a request
in writing made on behalf of the body to grant a certificate,
to a Judge of the Supreme Court sitting in Chambers.

18. A body which, having been a branch of a society, has Name of
wholly seceded or been expelled from that society shall not epell or
thereafter use the name of that society or any name implying branch.
that it is a branch thereof, or the number by which it was
designated as such branch.

19. A society or branch may contribute to the funds, and Contribu-
take part by delegates or otherwise in the government of any tons froe
other society or branch of a society, as provided in the rules to another.
of that first-named society or branch, without becoming a
branch under this Ordinance of that other society or branch.

CONSEQUENCES OF REGISTRY.
20. Save as provided by section 31 of this Ordinance the Subscrip-
subscription of a person being or having been a member of a recoverable
society or branch shall not be recoverable at law. at law.










Registered 21. (1) Every society and branch shall have a registered
office office to which all communications and notices may be
addressed, and shall send to the Registrar notice of the
situation of that office, and of every change therein.
(2) In the case of a branch, the notice shall be sent to
the Registrar through an officer appointed in that behalf by
the society of which the branch forms part.

Appoint- 22. (1) Every society and branch shall have one or more
trusts. trustees, who shall be a member or members as the case
may be of the society or branch except the rules thereof shall
otherwise permit.
(2) The trustees shall be appointed at a meeting of the
society or branch, and by a resolution of a majority of the
members present and entitled to vote threat.
(3) The society or branch shall within fourteen days
of such appointment send to the Registrar a copy of every
resolution appointing a trustee, signed by the trustee so
appointed, and by the secretary of the society or branch:
Provided however that if the Registrar is not satisfied that
the person so appointed as a trustee of a society or branch
is a fit and proper person such appointment shall be of no
effect.
(4) The same person shall not hold any other office
in a society or branch of which he is a trustee.
(5) In the case of a branch, the copy of the resolution
shall be sent to the Registrar through an officer appointed
in that behalf by the society of which the branch forms part.

Change in 23. (1) Any change in the names or addresses of the
lis of officers shown on the list mentioned in subsection (2) of
society. section 7 of this Ordinance shall be forthwith communicated
in writing to the Registrar by the secretary of a society,
and any secretary failing to make such communication shall
in the absence of reasonable excuse be guilty of an offence
under this Ordinance.
(2) The Registrar shall keep a book (to be called the
Register of Friendly Societies) in which shall be entered-
(a) the name and address of the registered office of
every society;


Ch. 38. No. 2.]


Frienzdly Societies.








Friendly Societies. [Ch. 38. No. 2. 41

(b) the names and addresses of the officers shown on
the list mentioned in subsection (2) of section 7 of
this Ordinance and of all changes therein.
(3) A copy of any entry in the Register of Friendly
Societies certified under the hand of the Registrar to be a
true copy shall be received in evidence in all courts of justice
in the Colony without further proof.

24. (1) Every society and branch shall cause contribution Distribution
cards in the prescribed form to be issued to members for the butio cards.
purpose of being filled in, returned, and dealt with in the
prescribed manner.
(2) Every member of a society or branch shall, not
later than the 31st of January in every year, send, deliver up
or return to the secretary of such society or branch his
contribution card in respect of the previous year for the
purposes of audit.

25. Every society and branch shall- Manner of
keeping
(a) cause its accounts to be regularly entered in the accounts.
prescribed books, separate accounts being kept of
all moneys received or paid on account of every
particular fund or benefit assured by the society or
branch for which a separate table of contributions
payable is adopted, distinct from all moneys received
and paid on account of any other benefit or fund; and
(b) keep a separate account of the expenses of
management of the society and of all contributions
on account thereof.

26. Once in every year, not later than the 31st of January, Return of
every society and branch shall send to the Registrar a members
and invest-
return made up to the preceding 31st of December inclusively, ments.
showing-
(a) the number of members on its roll: Provided
that every person who at any time during the year was
a financial member of the society or branch shall be
included;
(b) the amount of money on deposit in savings
banks;








42 Ch. 38. No. 2.] Friendly Societies.

(c) the amount of money invested in or on the
securities of any Municipal Corporation or incor-
porated borough of the Colony;
(d) the amount of money invested in or on the security
of the stock, shares or debentures of any bank incor-
porated, or of any building society established and
registered, in the Colony or in the United Kingdom,
or any Commonwealth country;
(e) the amount of money invested in real and lease-
hold securities;
(f) the amount of money invested in shares in any
co-operative undertaking, with limited liability, the
shares of which are held by societies;
(g) the amount of money in the treasurer's hands at
the close of work on the 31st of December aforesaid;
and
(h) the amount of money invested in authorised
trustee securities.

Audit. 27. (1) Every society and branch shall, once at least in
every year, submit its accounts for audit to the auditor or
auditors appointed under this Ordinance at the prescribed
time and shall pay the prescribed fees to such auditor or
auditors.
(2) The auditors shall have access to all the books and
accounts of the society or branch, and shall examine the
annual return mentioned in this Ordinance, and verify the
annual return with the accounts, contribution cards,
register of members, sick relief books, the record of benefits
paid to members, blotters, and vouchers relating thereto,
and fully, truly and correctly answer the questionnaire
relating to the audit of the books and accounts of the
society or branch addressed to them by the Registrar,
and shall either sign the annual return as found by them
to be correct, duly vouched, and in accordance with law,
or specially report to the society or branch and to the
Registrar in what respects they find it incorrect, unvouched,
or not in accordance with law.
(3) An auditor may by writing under his hand require
the production before him at such time and place as may be








Friendly Societies. [Ch. 38. No. 2. 4;

fixed by the Registrar of all books, deeds, contracts, con-
tribution cards, register of members, record of benefits
paid to members, accounts, vouchers, receipts and other
documents which he may deem necessary for the purpose of
the audit, and may require any officer or other person
holding or accountable for any such book or document to
appear before him at the audit or any adjournment thereof,
and to make and sign a declaration as to the correctness
of such book or document.
(4) If any officer or other person neglects or refuses to
comply with any such requirement he shall be guilty of an
offence under this Ordinance, and if any officer or other
person knowingly and wilfully makes or signs any such
declaration which is untrue in any material particular, he
shall be deemed to be guilty of an offence under section 8
of the Perjury Ordinance.
(5) No person shall conduct the compulsory audit of
the accounts of a society or branch of which he is an officer
or member.
(6) The auditor shall disallow every payment made
without due authority according to law and surcharge the
same on the person or persons incurring or authorising the
illegal payment, and shall charge against any person
responsible therefore the amount of any deficiency or loss
incurred by the negligence or misconduct of that person or
of any sum which ought to have been but is not brought into
account by that person and shall in every case certify the
amount due from such person.
(7) The Registrar may order any sum surcharged or
balance certified by an auditor upon audit of the books and
accounts of a society or branch to be due from any person to
be paid by that person into the office of the Registrar within
a fixed period or periods not exceeding six months in the
aggregate; and such moneys shall be paid out by the
Registrar to the said society or branch and proceedings
before a court of summary jurisdiction under section 51 of
this Ordinance may be taken at any time after the expiration
of the period or periods fixed by the Registrar notwithstand-
ing the payment of such sum to the Registrar: Provided
however that the court may take into consideration any
payment or payments as aforesaid.








44 Ch. 38. No. 2.]


Annualand 28. (1) Every society and branch shall, once in every
rerns. year, not later than the 31st of May, send to the Registrar
a return (in this Ordinance called the annual return) of the
receipts and expenditure, funds, and effects of the society
or branch as audited.
(2) The annual return shall-
(a) show separately the expenditure in respect of the
several objects of the society or branch; and
(b) be made out to the preceding 31st of December
inclusively.
(3) The society or branch shall, together with the
annual return, send a copy of any special report of the
auditors.
(4) In the case of a branch, the annual return shall be
sent to the Registrar through an officer appointed in that
behalf by the society of which the branch forms part.
(5) Every society and branch shall annually prepare
and send to the Registrar together with the annual return of
such society or branch returns relating to sickness and death
benefits and to maternity, dental, optical and other benefits
of the society or branch in accordance with the prescribed
forms made out to the preceding 31st of December
inclusively.

Quinquen- 29. (1) Subject to the provisions of this section the
a1n.alua- Registrar may require every society or branch, not oftener
than once in every five years, either-
(a) to cause its assets and liabilities to be valued by a
valuer to be appointed by the society or branch and
approved by the Registrar, and to send to the Registrar
a report on the condition of the society or branch; or
(b) to send to the Registrar a return of the benefits
assured and contributions receivable from all the
members of the society or branch, and of all its funds
and effects, debts and credits, accompanied by such
evidence in support thereof as the Registrar may
require.
(2) If the society or branch sends to the Registrar
such report as aforesaid, the report shall-
(a) be signed by the valuer; and


Friendly Societies.







[Ch.38. No. 2. 45


(b) state the address and calling or profession of the
valuer; and
(c) contain an abstract to be made by the valuer of
the results of his valuation, together with a statement
containing such information with respect to the
benefits assured and the contributions receivable by
the society or branch, and of its funds and effects,
debts and credits, as the Registrar may require.
(3) If the society or branch sends to the Registrar
such return as aforesaid, the Registrar shall cause the assets
and liabilities of the society or branch to be valued and
reported on by some actuary, and shall send to the society
or branch a copy of the report and an abstract of the results
of the valuation.
(4) This section shall not apply to-
(a) a benevolent society, working-men's club, cattle
insurance society or branch thereof; or
(b) a specially authorised society or branch unless it
is so directed in the authority for registering that
society or branch.
(5) The Registrar may, with the approval of the
Governor, dispense with the provisions of this section in
respect of societies or branches to whose purposes or to the
nature of whose operations he may deem those provisions
inapplicable.
(6) If any society fails to comply with any of the
requirements of this section it shall be guilty of an offence
against this Ordinance.

30. Every society and branch shall keep a copy of the last copy of last
annual balance sheet, and of the last quinquennial valuation balance
together with any special report of the prescribed persons,
always hung up in a conspicuous place of the registered
office of the society or branch.

31. (1) The rules of a cattle insurance society or branch, cattle
and of such specially authorised societies or branches ann th
thereof as the Governor may allow to take the benefit of this societies.
section, shall bind the society or branch and the members
thereof, and all persons claiming through them respectively,


Friendly Societies.







46 Ch. 38. No. 2.] Friendly Societies.

to the same extent as if each member had subscribed his
name thereto, and there were in the rules contained an
agreement on the part of himself, his heirs, executors, and
administrators to conform to the rules subject to the pro-
visions of this Ordinance.
(2) All sums of money payable by a member to such
society or branch as aforesaid shall be deemed to be a debt
due from the member to the society or branch, and shall be
recoverable as such in the Petty Civil Court of the district
in which the member resides.

PRIVILEGES OF REGISTERED SOCIETIES.
Exemption 32. (1) Stamp duty shall not be chargeable upon any of
and other the following documents-
duties. (a) draft or order or receipt given by or to a registered
society or branch in respect of money payable by
virtue of its rules or of this Ordinance;
(b) letter or power of attorney granted by any person
as trustee for the transfer of any money of a registered
society or branch invested in his name in the public
funds;
(c) bond given to or on account of a registered society
or branch or by the treasurer or other officer thereof;
(d) policy of insurance, or appointment or revocation
of appointment of agent, or other document required
or authorised by this Ordinance or by the rules of a
registered society or branch.
(2) Any affidavit or statutory declaration required
or authorised by this Ordinance or by the rules of a
registered society or branch shall not be chargeable with the
fee of forty-eight cents required to be paid by the affixing
of stamps thereto.
(3) Customs duty shall not be chargeable for or in
respect of regalia, emblems, medals and other articles of
ceremonial wear or attire relating to societies.

Priority on 33. (1) In the following cases, namely-
death,
bankruptcy, (a) upon the death or bankruptcy of any officer of a
etc. of society or branch having in his possession by virtue
officer.







[Ch.38. No. 2. 47


of his office any money or property belonging to the
society or branch, or
(b) if any execution, attachment or other process is
issued against any such officer or against his property,
his executors or administrators, or trustee in bank-
ruptcy, or the Marshal or other person executing the
process, respectively, shall, upon demand in writing of
the trustees of the society or branch, or of any two of them,
or of any person authorised by the society or branch, or
by the committee thereof, to make the demand, pay the
money and deliver over the property to the trustees of
the society or branch in preference to any other debt or claim
against the estate of the officer.
(2) In this section, the expression bankruptcy"
shall include liquidation of a debtor's affairs by arrange-
ment.

34. (1) The rules of a society or branch may provide Membership
for the admission of a person under twenty-one years of ofminors.
age as a member.
(2) Any such member may, if he is over sixteen years
of age by himself, and if he is under that age by his parent
or guardian, execute all instruments and give all acquit-
tances necessary to be executed or given under the rules,
but shall not be a member of the committee, or a trustee,
secretary, or treasurer of the society or branch.
(3) The mother of an illegitimate child under sixteen
years of age shall, except there be an order of a court
depriving her of the custody of such child, exercise, on
behalf of such child any powers in this section expressly or
impliedly contained. If such mother is dead, of unsound
mind, in prison, or absent from the Colony, the putative
father of such child may exercise any powers under this
section.

35. (1) A society or branch may subscribe out of its funds Subscrip-
to the Government or to any hospital, infirmary, charitable o., hos-
or provident institution, any annual or other sum for the pitals, etc..
and towards
purpose of securing to members of the society or branch and education,
their families the benefits of Government hospitals or of science
and art.


Friendly Societies.








48 Ch. 38. No. 2.] Friendly Societies.

any other hospital, infirmary, or other institution, according
to its rules.
(2) A society may apply or donate each year from its
funds a sum not exceeding twenty-four cents in respect of
every financial member for the purpose, or towards the
promotion or encouragement, of education, science or art in
the Colony.

RIGHTS OF MEMBERS.
Right to 36. Every society and branch shall deliver to every
copiof person on demand, on payment of a sum not exceeding
the rules. forty-eight cents, a copy of the rules of the society or
branch.

Right to 37. Every society and branch shall supply gratuitously
coSpiesof to every member or person interested in its funds, on his
annual application, either-
r-turn.
(a) a copy of the last annual return of the society or
branch; or
(b) a balance sheet or other document duly audited
containing the same particulars as to the receipts
and expenditure, funds, and effects, of the society
or branch as are contained in the annual return.

Inspection 38. A member or person having an interest in the funds
members by of a society or branch may inspect the books at all reason-
able hours at the registered office of the society or branch,
or at any place where the books are kept, except that the
member or person shall not, unless he is an officer of the
society or branch, or is specially authorised by a resolution
of the society or branch to do so, have the right to inspect,
save as herein otherwise provided, the loan account of any
other member without the written consent of that member.

Limitation 39. (1) A member, or person claiming through a member
of benefits. of a society or branch shall not be entitled to receive more
than two thousand four hundred dollars by way of gross
sum, together with any bonuses or additions declared upon
assurances not exceeding that amount, or two hundred and
forty dollars a year by way of annuity, from any one or
more such societies or branches.








[Ch.38. No. 2. 49


(2) Any such society or branch may require a member,
or person claiming through a member, to make and sign a
statutory declaration that the total amount to which that
member or person is entitled from one or more such
societies or branches does not exceed the sums aforesaid.

40. The rules of a society or branch may provide for Accumula-
accumulating at interest, for the use of any member, any surus of
surplus of his contributions to the funds of the society or contribu-
branch which may remain after providing for any assurance tons.
in respect of which they are paid and for the withdrawal of
the accumulations.

41. (1) A person shall not, by reason of his enrolment or service in
service as a member of any police, military, naval or Armed
air force, lose or forfeit any interest in a society or branch
which he possesses at the time of his being so enrolled or
serving, or be fined or otherwise penalised for absence from
or non-attendance at any meeting of the society or branch,
if his absence or non-attendance is occasioned by the
discharge of his police, military, naval or air duty as
certified by his commanding officer, any rules of the society
or branch to the contrary notwithstanding.
(2) A dispute between any such society or branch and
person by reason of that enrollment or service shall be
decided by the Registrar.

PROPERTY, FUNDS, AND INVESTMENTS.
42. (1) The trustees of a society or branch may, with the Investment
consent of the committee or of a majority of the members of funds.
present and entitled to vote in general meeting, invest the
funds of the society or branch, or any part thereof, to any
amount in any of the following ways:-
(a) in a savings bank; or
(b) in the purchase of freehold land, or leasehold
land having an unexpired residue of not less than
20 years, or in the erection or alteration of offices
or other buildings thereon; or
(c) in or on the securities of any Municipal Corpora-
tion or incorporated borough of the Colony; or
T.-VI. 4


Friendly Societies.







50 Ch. 38. No. 2.] Friendly Societies.

(d) in or on the security of the stock, shares or
debentures of any bank incorporated or building
society established and registered in the Colony or
in the United Kingdom, or any Commonwealth country;
or
(e) in or on the security of leaseholds having an
unexpired residue of not less than twenty years; or
(f) in any co-operative undertaking with limited
liability: Provided that such investment is first
approved by the Registrar; or
(g) in any investment in which trustees are for the
time being by law authorised to invest trust funds.
(2) The rules of a society with branches and of any
branch thereof may provide for the investment of funds of
the society or of that branch by the trustees of any branch,
or by the trustees of the society, and the consent required
for any such investment shall be the consent of the com-
mittee, or of such majority as aforesaid of the society or
branch b1 whom the funds are invested.
.oa.ns to
assured 43. (1) A society and, subject to the rules of the society,
members. a branch may advance to a member of at least three years'
standing any sum not exceeding one-half of the amount of
an assurance on his life, on the written security of himself
and two satisfactory sureties for repayment.
(2) The amount so advanced, with all interest thereon,
may be deducted from the sum assured, without prejudice
in the meantime to the operation of the security.

Loans out 44. (1) A society may, out of any separate loan fund to be
of separate
loan fiund formed by contributions or deposits of its members, make
loans to members on their personal security, with or
without sureties, as may be provided by the rules, subject
to the following restrictions:-
(a) a loan shall not at any time be made out of money
contributed for the other purposes of the society;
(b) a member shall not be capable of holding any
interest in the loan fund exceeding one thousand four
hundred and forty dollars;
(c) a society shall not make any loan to a member on
personal security beyond the amount fixed by the







Friendly Societies. [Ch. 38. No. 2. 51

rules, or make any loan which, together with any
money owing by a member to the society, exceeds
two-thirds of the amount standing to the credit of
such member;
(d) a society shall not hold at any one time on deposit
from its members any money beyond the amount
fixed by the rules, and the amount so fixed shall
not exceed two-thirds of the total sums owing to
the society by the members who have borrowed from the
loan fund;
(e) no member who is indebted to a society in respect
of a loan made to him by such society shall be accepted
as surety for another member of the said society.
(2) (a) The rules shall fix the interest to be charged
for loans which in no case shall exceed twelve per centum
per annum and the terms and conditions offered to con-
tributors and depositors. Interest shall be payable at
such time as the committee shall determine.
(b) Every society shall keep-
(i) a register of all contributors to or deposi-
tors in its loan fund;
(ii) a book showing particulars of loans made
and dates on which repayments are made;
(iii) a cash book in which all amounts received
or paid for any purpose of the loan fund shall
be entered by the responsible officer; and
(iv) proper books of accounts in which shall
be posted all entries from the cash and other
books relating to the loan fund.
(c) Once in every year, not later than the 30th of
June, a schedule of all promissory notes and other securities
and sums held by or due to a society from its members as
at the preceding 31st of December in the operation of a loan
fund shall be prepared and signed by the trustees and
lodged with the secretary, and the same shall be open
without charge to every member of the society. Such
schedule shall give the date of maturity of every such
promissory note or other security and the accumula-
tions of interest due thereon as at the preceding 31st of
December.
4 (2)










Holding 45. (1) A society or branch may (if the rules thereof so
of land. provide) hold or purchase freehold land, or take on lease
land with an unexpired residue of not less than twenty
years, in the names of the trustees of the society or branch,
and may sell, exchange, mortgage, lease, or build upon that
land (with power to alter and pull down buildings, and
again rebuild): Provided that no sale of freehold or leasehold
land of a society or branch shall be effected by the trustees
thereof save with the consent of the committee or of a
majority of the members present and entitled to vote in
general meeting; but a purchaser, assignee, mortgagee, or
tenant shall not be bound to enquire as to the authority
of any sale, exchange, mortgage, or lease by the trustees,
and the receipt of the trustees shall be a discharge for all
sums of money arising from or in connection with the sale,
exchange, mortgage, or lease.
(2) A branch of a society need not for the purposes of
this section be separately registered.
(3) Nothing in this section shall authorise a benevolent
society to hold land exceeding one acre in extent.

Vesting of 46. (1) All property belonging to a society shall vest in
property. the trustees for the time being of the society, for the use
and benefit of the society and the members thereof, and of
all persons claiming through the members according to the
rules of the society.
(2) The property of a branch of a society shall vest
wholly or partly in the trustees for the time being of that
branch or of any other branch of which that branch forms
part (or, if the rules of the society so provide, in the trustees
for the time being of the society) for the use and benefit
either of the members of any such branch and persons
claiming through those members, or of the members of the
society generally, and persons claiming through them,
according to the rules of the society.
(3) The trustees shall not be liable to make good any
deficiency in the funds of the society or branch, but shall be
liable only for sums of money actually received by them
respectively on account of the society or branch.

Devolution 47. Upon the death, resignation, or removal of a trustee
on death. of a society or branch, the property vested in that trustee


Ch. 38. No. 2.]


Friendly Societies.








Friendly Societies. [Ch. 38. No. 2. 53

shall, without conveyance or assignment, and whether the
property is real or personal, vest, as personal estate subject
to the same trusts, in the succeeding trustees of that society
or branch either solely or together with any surviving
or continuing trustees, and, until the appointment of
:succeeding trustees, shall so vest in the surviving or
continuing trustees only, or in thle executors or adminis-
trators of the last surviving or continuing trustee.


48. In all legal proceedings whatsoever concerning any Description
property vested in the trustees of a society or branch, the cooaings.T
property may be stated to be tlie property of the trustees
in their proper names as trustees for the society or branch
without further description.

49. (1) A receipt under the hands of the trustees of a Discharge
society or branch, countersigned by the secretary, for all nby recent
sums of money secured to the society or branch by any endorsed.
mortgage or other assurance, being in the form contained
in the Third Schedule hereto, if endorsed upon or annexed Thilr
to the mortgage or other assurance, shall vacate the schedule.
mortgage or assurance and vest the property therein
comprised in the person entitled to the equity of redemption
of that property, without reconveyance or re-surrender.

(2) If the mortgage or other assurance has been
registered in the registry of deeds in the office of the
Registrar General, the Registrar General shall, on produc-
tion of the receipt, verified by oath of any person, enter
satisfaction of the mortgage or charge made by the
assurance on the register, and shall grant a certificate,
either upon the mortgage or assurance, or separately to the
like effect.

(3) The certificate shall be received in evidence in all
courts and proceedings without further proof.

(4) The Registrar General shall be entitled to make
the said entry and grant the said certificate for a fee of
sixty cents, to be applied in like manner as other fees taken
by the Registrar General in his office.








54 Ch. 38. No. 2.] Friendly Societies.

OFFICERS IN RECEIPT OR CHARGE OF MONEY.
Security by 50. (1) Every officer of a society or branch having
officers. receipt or charge of money shall, before taking upon himself
the execution of his office, become bound with one sufficient
surety at the least in a bond in the form set forth in Part IV
of the Third Schedule hereto or give the security of a
guarantee society or company, in such sum as the society
or branch directs, conditioned for his rendering a just and
true account of all sums of money received and paid by
him on account of the society or branch at such times as
its rules appoint, or as the society or branch or the trustees
or committee t hereof require him to do, and for the payment
by hiii of all sums due from him to the society or branch.
(2) Both the principal and the surety shall make a
statutory declaration testifying to the sufficiency of the
security furnished by the bond.
(3) Tle bond shall within fourteen days after
execution thereof be forwarded, together with the above-
mentioned declaration, by the society to the Registrar,
who shall thereupon issue his certificate as to the lodgment
thereof; and a copy of the bond certified under the hand of
the Registrar shall be receivable in evidence without
further proof of the contents or the execution thereof.
(4) Tlie committee of management of a society or
branch or the Registrar in their or his absolute discretion
and without assigning any reason for so doing, may require
the principal at any time to verify the sufficiency of the
bond so given by him or to furnish a fresh bond with one
sufficient surety at the least.
(5) No two officers of a society or branch shall have
the same surety save in the case of a guarantee society or
company nor shall any officer of a society or branch be or
become surety for another officer of the said society or
branch.

Accounts 51. (1) Every officer of a society or branch having
of officers. receipt or charge of money shall, at such times as by the
rules of the society or branch he should render account,
or upon demand made, or notice in writing given or left
at his last or usual place of residence, give in his account
as may be required by the society or branch, or by the








Friendly Societies. [Ch. 38. No. 2. 55


trustees or committee thereof, or by the Registrar,
to be examined and allowed or disallowed by them
or him, and shall, on the like demand or notice, pay
over all sums of money belonging to the society or branch
and deliver all property belonging to the society or branch
in his possession or under his control to such person as the
society or branch, or the committee or the trustees, or the
Registrar, may appoint.
(2) In case of any neglect or refusal to deliver such
account, or to pay over such sums of money or to deliver
such property in manner aforesaid, the trustees or
authorised officers of the society or branch or the Registrar
may sue upon the bond or security before mentioned, or
may apply to a Magistrate, who may order the delivery of
such account or property or the payment over of such
sums of money with costs, and in default of such delivery
or payment, the person making such default may be
sentenced to imprisonment for three months.

PAYVMNTS ON IEATH (;ENERALL.'.
52. (1) A member of a society (other than a benevolent Mlember may
society or working-men's club) or branch thereof, not being dispose of
sums paya-
under the age of sixteen years, may, by writing under his abileohis
hand delivered at or sent to the registered office of the death by
society or branch, or made in a book kept at that office, nation
nominate a person or persons to whom any sum of money
payable by the society or branch on the death of that
member, not exceeding four hundred and eighty dollars,
shall be paid at his decease: Provided that any rule or rules
for the payment of any sum of money by a society or branch
on the death of a member exceeding two hundred and
forty dollars shall be subject to the approval of the
Registrar. The signature of every such nominator shall
be witnessed by at least one person of not less than twenty-
one years of age.
(2) The sum of money payable by the society or
branch on the death of a member shall include sums of
money contributed to or deposited in the separate loan
account and the sums of money accumulated for the use
of the member under the provisions of this Ordinance with
interest thereon.








6 Ch. 38. No. 2.] Friendly Societies.

(3) The person so nominated must not be an officer
or servant of the society or branch, unless that officer or
servant is the husband, wife, father, mother, child, brother,
sister, uncle, aunt, nephew, or niece of the nominator.
(4) A nomination so made may be revoked or
varied by any similar document under the hand of the
nominator, delivered, sent, or made as aforesaid.
(5) The marriage of a member of a society or branch
shall operate as a revocation of any nomination theretofore
made by that member under this section.
(() A nomination or a variation or revocation of a
nominationn by writing or mark under the hand of a member
of a branch and delivered at or sent to the registered office
of that branch, or made in a book kept at that office shall
be effectual notwithstanding that the money to which the
nomination relates or some part thereof is not payable by
that branch, but is payable by the society or some other
branch.
(7) No nomination made by an illiterate person or
person incapable of writing through illness, infirmity or
otherwise shall be deemed to have any validity for any
purpose whatsoever unless such nomination is in writing
and executed in manner hereinafter mentioned, that is to
say, it shall be made by a person of the age of sixteen years
or more; the nominator shall make his mark thereto in the
presence of a justice of the peace, barrister-at-law, solicitor,
medical practitioner, minister of religion or a police officer
not below the rank of corporal, or such functionary may in
the presence of the nominator and by his discretion sign the
name of the nominator thereto on his behalf; and such
functionary shall attest and subscribe the nomination but
no form of attestation shall be necessary. And the pro-
visions herein contained shall likewise apply to every
variation or revocation of a nomination by an illiterate
person or a person incapable of writing through illness,
infirmity or otherwise

'Procccings 53. (1) On the death of a nominator, the society or branch
on death of shall pay to the nominee the amount due to the deceased
a nominator. .
member, not exceeding the said sum of four hundred and
eighty dollars.








Friendly Societies. [Ch. 38. No. 2. 57

(2) The receipt of a nominee over sixteen years of age
for any amount so paid shall be valid.
(3) Where the nominee is unwilling or refuses to be
responsible for the funeral expenses of a deceased member or
has not applied for the moneys payable by the society or
branch on the death of such member within twelve hours
after knowledge of the death of such member shall have come
to the secretary of the society or branch of which the said
deceased was a member the secretary shall be empowered in
his discretion to make arrangements for the funeral of the
member and to defray his funeral expenses out of moneys
payable by the society or branch in respect of the death of
the said member.

54. (1) If any member of a society or branch entitled Payment
from the funds thereof to a sum not exceeding four hundred of funal
ex penses
and eighty dollars, dies without having made a valid and balance
nomination thereof then subsisting, the secretary may defray 'uf ,oey
thereout the funeral expenses of the deceased member and deceased
in the case of an intestacy the committee may without absencer
letters of administration distribute the balance among such valid nomi-
persons as appear to a majority of te said committee, upon nation.
such evidence as they may deem satisfactory, to be entitled
by law to receive that sum.
(2) If in the case of an intestacy, any such member is
illegitimate and unmarried the committee may distribute
such balance among the persons who, in the opinion of a
majority of them, would have been entitled thereto, if that
member had been legitimate, or if there are no such persons,
the society or branch shall deal with the money as the
Governor may direct.
(3) Where for a period of three months after the
death of a member the committee fail or are unwilling or
neglect to exercise the power of distribution vested in them
under the provisions of this section the moneys payable on
the death of the said member of the society shall be paid
to the Administrator General to be dealt with by him
according to law.

55. (1) A payment made by a society or branch, under the Validity of
foregoing provisions of this Ordinance with respect to payments.







Friendly Societies.


payments on death generally to the person who at the time
appears to a majority of the committee to be entitled
thereunder, shall be valid and effectual against any demand
made upon the trustees or the society or branch by any other
person, but the next of kin or lawful representative of the
deceased member shall have remedy for recovery of the
money so paid as aforesaid, against the person who has
received that money.
(2) Where the society or branch has paid money to a
nominee in ignorance of a marriage subsequent to the
nomination, the receipt of the nominee shall be a valid
discharge to the society or branch.
(3) Where an infant, or other person under disability
is entitled to receive from a society or branch moneys
payable) on the death of a member, such moneys shall be
paid by tlie society or branch to the Administrator General
to t1e credit of such infant, or other person under disability
and t ie receipt of he Administ rator (ener;( al shall be a good
discharge.
(4) The Administrator General may retain out of the
said mIoneys for fees of office three per cent. thereof and shall
pay or apply the remainder to or for the care, maintenance,
educ(lat'ion or benefit of such infant, or such person under
disability as lie may think lit.

certificates 56. (1) Save as provided in subsection (2) hereof a society
of death. o(r branch shall not pay any sum of money upon the death of
a member or other person whose death is or ought to be
entered in any register of deaths, except upon the produc-
tion of a certificate of that death under the hand of the
Registrar of deaths or other person having care of the
register of deaths in which that death is or ought to be
entered.
(2) Where thle death of such member or other person
takes place in a public institution a certificate of that death
under the hand of the superintendent or other person
authorized in that behalf by the superintendent shall be
accepted as proof of death.
(3) This section shall not apply to deaths at sea, nor
to any death certified by a Coroner to be the subject of a
pending inquest.


Ch. 38. No. 2.]








Friendly Societies. [ Ch. 38. No. 2. 59

PAYMENTS ON DEATHt OF CHILDREN.
57. A society or branch shall not insure or pay on t ile Limitation
death of a child under five years of age any sumn of money "of aiou" t
which, added to any amount piayablel on the death of that Ord.43-1950.
child by any other society or branch, exceeds one hundred
and twenty dollars, or on the death of a child of five years
of age and over but under ten years of age any sum of money
which, added to any amount payable on the dcath of that
child b ny any other society or branch, exceeds one hundred
and eighty dollars.

58. A society or branch shall not pay any sum on tle '.(rson to
death of a child under ten years of' age except to tlie parent wn, p y-
or guardian of the child, or to thle personal representative tb m1ade.
of the parent or guardian, and upon the production by tle
parent or guardian or his personal represent active of a certifi-
cate of death issued by the Registrar of deaths, or other
person having tlhe care of tlie register of deaths, containing
the particulars mentioned in this Ordinance.

59. (1) Where application is made for' c'ertilicate of thie Particulars
death of a child for the purpose of obtaining a stui of Ioney ; certi-
Lf (icattes.
from a society or branch, thie name of tihe society or branch,
and the sum sought to be obtained therefrom, sliall be
stated to the Registrar of deaths.
(2) The Registrar of deaths shall write on or at the
foot of tlhe certificate the words to be prxlwuced to the
society or branch (naming the same) said to be liable for
payment of the sum of $ (stating the same) "
(3) All certificates of the same death shall be num-
bered in consecutive order.
(4) A fee not exceeding twenty-four cents shall be
charged by the Registrar of deaths for each such certificate.

60. (1) A Registrar of deaths shall not give any one or cases in
more certificates of death for the payment in the whole of tificates
any sum of money exceeding one hundred and twenty may be
dollars on the death of a child under five years, or for the given.
payment in the whole of a sum exceeding one hundred an Od.4-0.
eighty dollars on the death of a child of five years of age
and over, but under ten years.








Ch.38. No. 2.1


(2) A Registrar of deaths shall not grant any such
certifica tes unless thei cause of death Ihas been previously
entered in tihe register of deaths on the certificate of a
Coroner, or of a member of the nlMedical loard who attended
the deceased child during its last illness, or except upon the
production of a certificate of t lie probable cause of death
under (lie hand of a member of thie Medical Board, or of other
sat isfact ory evidence t hereof.

Inquiries 61. A society or branch to which is produced a certificate
by societies. of t dt o a i which dos not purport to be the first
shall, before paying any money t hereon, enquire whether any
and whliat stums of lmoneyl have been paid on the same death
bv any other society or branch.

saving .s to 62. Nothing in this Ordinance respecting payments on tie
,f,,,lc death of child ren shall apply to insurances on the lives of
children of many age, where t ie person insuring has an interest
in tlie life of lie person insured.

D )Sl'lTris.
Decision of 63. (I) very dispute e betw eeni
~disputes. (a/) a member or person claiming through ai member
or nntder the rules of ia society or branch, and the
society or branch or an officer thereof, or
(b) any person aggrieved who has ceased to be a
member of a society or branch, or any person claiming
through such person aggrieved, and the society or
branch or an officer thereof, or
(c) any branch of any society or branch and the
society or branch of which it is a branch, or
(d) an officer of any such branch and the society or
branch of which that branch is a branch, or
(e) any two or more branches of any society or
branch, or any officers thereof respectively,
shall, subject to the express provisions of this section, be
decided in manner directed by the rules of the society or
branch and the decision so given shall be binding and con-
clusive on all parties without appeal, and shall not be
removable into any court or restrainable by injunction;


Friendrrlv Soc~iEtie.%








Friendly Societies. [Ch. 38. No. 2. 61

and application for the enforcement thereof may be made
to any Magistrate: Provided that the parties to such
dispute may at any time by consent refer the dispute to the
Registrar who shall have power to hear and determine such
dispute as if it were a dispute ab initio before him as herein
provided.
(2) (a) Any party to a dispute in a society or branch
may apply to the Registrar to hear and determine the same,
and the Registrar may, if he thinks fit, and after proper
notice given to the other parties to such dispute, hear and
determine such dispute: Provided that the Registrar
may before proceeding to hear or determine a dispute make
or cause a preliminary investigation to be made into tile
dispute with the object of ascertaining the facts and
limiting the issues and of endeavouring to bring about
a voluntary settlement between the parties to the dislmte.
(b) For the purpose of hearing and determining
any such dispute the Registrar to whom a dispute is referred
or to whom application is made to hear and det ermine a
dispute may administer oaths, and may require tlie atten-
dance of all parties concerned, and witnesses, and tile
production of all books, documents and material objects
relating to the matter in question.
(c) The Registrar to whom a disjplut is referred or
an application is made to hear and determine a dispu te shall
have power to order t he expenses of determining such dispute
including fees to legal practitioners to be paid either out of
the funds of the society or branch or by such parties to the
dispute as lie may in his absolute discretion think lit.
(d) The decision of the Registrar on any matter or
question in any such dispute shall be binding and con-
clusive on all parties without appeal, and shall not be
removable into any court or restrainable by injunction.
(3) (a) The decision given in respect of every dispute
under this section shall be recorded in the prescribed form
or as near thereto as the circumstances of the case may
require, and a copy thereof duly signed by the Registrar
issued to each and every party to the dispute.
(b) Application for the enforcement of the deter-
mination and order contained in any such decision may be
made at any time within two years from the date of the said







62 Ch. 38. No. 2.]


decision to any Magistrate together with an authenticated
copy of the said determination and order. For the purpose
of enforcing such decision the Magistrate shall have, enjoy
and exercise in all respects the powers of and attaching to a
County Court in England.
(4) Where no decision is made on a dispute within
forty days after application to the society or branch for a
reference under its rules, the member, officer, person or
branch aggrieved may apply to the Registrar, who shall
hear and determine the matter in dispute; but in the case
of a society with branches the said forty days shall not begin
to run until application has been made in succession to all
the bodies entitled to determine the dispute under the rules
of the society or branch, so however that no rules shall
require a greater delay than three months between each
successive determination.
(5) Notwithstanding anything contained in the Arbi-
tration Ordinance or in any other Ordinance, any arbitrator
or umpire to whom a dispute is referred under the rules of a
society or branch or the Registrar to whom a dispute is
referred or application is made to hear and determine a
dispute under this section shall not be compelled to state a
special case on any question of law arising in the case, but
the Registrar may, if he thinks fit, or, at the request of either
party, state a case for the opinion of the Supreme Court, on
any question of law, and may also grant to either party such
discovery as to documents and otherwise, or such inspection
of documents, as might be granted by the Supreme Court,
and the discovery shall be made on behalf of the society or
branch by such officer thereof as the Supreme Court or
Registrar may determine.
(6) In this section, the expression dispute includes
any dispute arising on the question whether a member or
person aggrieved is entitled to be or to continue to be a
member or to be reinstated as a member, but, save as
aforesaid, in the case of a person who has ceased to be a
member, does not include any dispute other than a dispute
on a question between him and the society or branch or an
officer thereof which arose whilst he was a member, or arises
out of his previous relation as a member to that society or
branch.


Friendly Societies.








Friendly Societies. [Ch. 38. No. 2. 63

(7) This section shall apply to unregistered societies
and societies in process of formation as it applies to societies
as defined in section 2 of this Ordinance.

CHANGE OF NAME, AMALGAMATION, AND CONVERSION
OF SOCIETIES.
64. (1) A society may, by special resolution, with the Power to
approval in writing of the Registrar, change its name, and cana
shall not change its name in any other manner.
(2) Any such change of name shall not affect any
right or obligation of the society, or of any member thereof,
and any pending legal proceedings may be continued by or
against the trustees of the society, or any other officer who
may sue or be sued on behalf of the society, notwithstanding
its new name.

65. (1) Any two or more societies may, by special Amalgama-
resolution of both or all such societies, become amalgamated tion and
transfer of
together as one society, with or without any dissolution or engage-
division of the funds of those societies or either of them. nments.
(2) A society may, by special resolution, transfer its
engagements to any other society which may undertake to
fulfil the engagements of that society.
(3) A special resolution by a friendly society for an
amalgamation or transfer of engagements under this
Ordinance shall not be valid without-
(a) the assent thereto of three-fourths in value of
the members, given either at the meetings at which
the resolution is, according to the provisions of this
Ordinance, passed and confirmed, or at one of them,
or, if the members were not present threat, in writing;
and
(b) the written consent of every person receiving or
entitled to any relief, annuity or other benefit from the
funds of the society, unless the claim of that person is
first duly satisfied, or adequate provision is made for
satisfying that claim.
(4) On application of the trustees or committee of a
friendly society desiring to amalgamate or transfer its








64 Ch. 38. No. 2.1 Friendly Societies.

engagements, and upon notice of that application being
published in the Royal Gazette, the Registrar, after hearing
the trustees or committee and any other persons whom he
considers entitled to be heard upon the application, may
order that any of the assents, consents, and conditions
required by this Ordinance, or by any regulations made under
hlis Ordinance, be dispensed with, and may confirm the
amalgamation or transfer.
(5) A society consisting wholly of members under
twenty-one years of age, and a society or branch or branches
of a society having members above twenty-one years of age,
may,, lby resolutions registered in the manner required for
tlhe registration of an amendment of rules, become amalga-
mated together as one society or branch, or provide for
dist ribut ing among several branches the members of a society
consisting wholly of members under twenty-one years of
age. and tlle other provisions of this section shall not apply
to that amalgamalion.
(() The value of members shall be ascertained by
giving one vole to every member, and an additional vote for
every live years Ihat he ihas been a member, but to no on o
me Imbr more than five votes in tie whole.
(7) If ainv member of a friendly society which has
amalgamated or transferred its engagements, or if any
person claiming any relief, annuity, or other benefit from the
funds thereof, is dissatistied with the provision made for
satisfying his claim, that member or person may apply to
t lie registrar for relief or of her order, and the Registrar shall
have the same t powers in the matter as in regard to the
settlement of disputes under this Ordinance.

Conversion 66. (1) A society may, by special resolution, determine to
iinto n- coInvert itself into a company under the Companies Ordi-
pany. nance, or to amalgamate with or transfer its engagements
to any such comIpany.
(2) If a special resolution for. converting a society into
a company contains the particulars required by the Com-
panies Ordinance to be contained in the memorandum of
association of a company, and a copy thereof has been
registered with the Registrar, a copy of that resolution
under the hand of the Registrar shall have the same effect








Friendly Societies. [Ch. 38. No. 2. 65

as a memorandum of association duly signed and attested
under the said Ordinance.
(3) If a society is registered as, or amalgamates with,
or transfers all its engagements to, a company, the registry
of the society under this Ordinance shall thereupon become
void, and shall be cancelled by the Registrar; but the
registration of a society as a company shall not affect any
right or claim subsisting against that society, or any penalty
incurred by that society; and for the purpose of enforcing
any such right, claim, or penalty, the society may be sued
and proceeded against in the same manner as if it had not
become registered as a company; and every such right or
claim, or the liability to any such penalty, shall have
priority, as against the property of the company, over all
other rights or claims against or liabilities of the company.

67. An amalgamation or transfer of engagements in Saviing or
pursuance of this Ordinance shall not prejudice any right ,right s.
of a creditor of either or any society party thereto.

68. (1) A society may, by a resolution passed by a conversionl
majority of the members or delegates present and entitled 1f 1so*i""
to vote at any general meeting, of which notice specifyingto branch
the intention to propose any such resolution has been duly
given according to the rules, determine to become a branch
of any other society, and also, if thought fit, of any branch
thereof.
(2) If the rules of the society do not comply with all
the provisions of this Ordinance in respect of the registry
of branches, the meeting at which any such resolution is
passed may amend the rules so as to bring the rules into
compliance with this Ordinance.
(3) A copy of the rules of the society marked to show
the amendments, if any, made at the meeting, and two
copies of the resolution and of such amendment of rules, if
any, as aforesaid, each signed by the chairman of the
meeting and by the secretary of the society so determining
to become a branch of another society, and countersigned
by the secretary of that other society, shall be sent to the
Registrar.
T.-VI. 5







66 Ch. 38. No. 2.] Friendly Societies.

(4) If the Registrar finds that the rules, with or
without such amendment as aforesaid, comply with the
provisions of this Ordinance, he shall cancel the registry
of the first-mentioned society and register it as a branch of
that other society, and also, if so specified in the resolution
before mentioned, of any branch of that other society,
without further request or notice, and shall register such
amendment of rules without further application or evi-
dence, and until such registry as aforesaid the resolution
shall not take effect.
(5) An advertisement of any cancelling of registry
under this section shall not be requisite.
(() The rules of a society which becomes a branch
under this section shall, so far as they are not contrary to
any express provision of this Ordinance, and subject to any
such amendment thereof as aforesaid, continue in force as
the rules of the branch until amended.

Meaning of 69. Flor the purposes of this Ordinance, a special resolu-
e'olu.1io tiont shall mean a resolution which is -
(a) passed by a majority of not less than three-
fourths of such members of a society, entitled under the
rules to vote as may be present in person or by proxy
(where the rules allow proxies) at any general meeting
of which notice specifying the intention to propose
that resolution has been duly given according to the
rules; and
(b) confirmed by a majority of such members,
entitled under the rules to vote, as may be present in
person or by proxy (where the rules allow proxies)
at a subsequent general meeting of which notice has
been duly given, held not less than fourteen days
nor more than one month from the day of the meeting
at which such resolution was first passed.
At any meeting mentioned in this section a declaration
h1 the chairman that the resolution has been carried shall
be conclusive evidence of the fact.

Registration 70. A copy of every special resolution for any of the
Vf special
solutions. purposes mentioned in this Ordinance, signed by the chair-
man of the meeting and countersigned by the secretary, shall







Friendly Societies. [Ch. 38. No. 2. 67

be sent to the Registrar's office and registered by him, and
until that copy is so registered the special resolution shall
not take effect.

INSPECTION: INQUIRY: REMOVAL OF OFFICER:
CANCELLING AND SUSPENSION OF REGISTRY:
DISSOLUTION.
71. (1) The Registrar may in his absolute discretion and inspection
without assigning any reasons for so doing appoint an ofbooks.
accountant to inspect and if necessary to audit the books
of a society or branch at any time and to report to him
thereon. A person appointed as an accountant under this
section shall have all the powers, privileges and authority
of an auditor appointed under this Ordinance. The cost
of such inspection and audit shall be borne by the Govern-
ment.
(2) In case any member of a society applies to the
Registrar to direct an inspection or audit of the books of
such society or branch, the Registrar may, in his absolute
discretion, make it a condition of granting the application
that such member deposit such sum as will be, in the opinion
of the Registrar, sufficient to cover the costs and charges
of such inspection or audit.
(3) The Registrar may, after the inspection or audit
is over and in his absolute discretion, either return such
sum to the member or cause to be repaid to the society or
branch the costs to which it has been put in and over such
inspection or audit out of such sum; the balance, if any,
being returned to the member so depositing as aforesaid.
(4) A person appointed under this section shall at all
reasonable times have access to all the books, accounts,
securities and documents of the society or branch and any
officer or person in charge, possession, custody or control of
such books, accounts, securities or documents who refuses
or neglects to afford such access shall be guilty of an offence
under this Ordinance. He shall also have power to make
copies of any book of the society or branch, and to take
extracts therefrom, at all reasonable hours, at the registered
office of the society or at any place where the books are kept.
(5) Any person, whether connected with the society
or not, who hinders, obstructs, or molests any person
5 (2)








68 Ch. 38. No. 2.] Friendly Societies.

appointed by the Registrar to inspect or audit the books,
accounts, securities and documents of such society shall be
liable to a fine of forty-eight dollars, or to imprisonment for
one month, or to both.

Inspection 72. (1) The Registrar may enter and inspect, or may
of cie's authorise any person in writing to enter and inspect, the
registered office or place of meeting of any society or branch,
at any reasonable time by day or night and may examine
the condition and affairs of such society or branch and make
such enquiries as are necessary to ascertain its condition
and ability to provide for the payment of the benefits
payable under its rules and whether or not it has complied
with all the provisions of this Ordinance.
(2) The officers and servants of such society or branch
shall produce the books, accounts, vouchers, documents,
moneys and records of the society or branch for the inspection
of the Registrar or person authorised in writing and shall
otherwise facilitate such examination as far as it is in their
power provided that the books, accounts, vouchers, docu-
ments, moneys and records of a society or branch may be
required by the Registrar to be produced at the office of the
Registrar or at such other convenient place as the Registrar
may direct.
(3) Every request, requisition or order made or given
by the Registrar or authorised person under the provisions of
this section shall be carried into effect within such time as
the Registrar shall appoint not exceeding one month by the
society or branch, officer or servant to whom the same may
be directed, and every society or branch, officer or servant,
who shall in any way disobey or not carry into effect such
request, requisition or order shall be guilty of an offence
under this Ordinance.

Inquiry. 73. (1) The Registrar may of his own motion or at the
request of a member or on the application of a creditor of a
society or branch by himself or by a person or persons duly
authorised by him in writing in this behalf, hold an inquiry
into the constitution, working, or financial condition of the
society or branch and the position or standing of any
member in the society or branch and may investigate








Friendly Societies. [Ch. 38. No. 2. 69

all claims against the society or branch, its debts and
liabilities.
(2) Nothing herein contained shall prevent the
appointment by the Registrar under this section of an officer
or officers of the society or branch to carry out an inquiry
hereunder.
(3) The remuneration of any person or persons
authorised by the Registrar under this section and the other
expenses of the inquiry shall be such as the Registrar shall
approve and shall, unless the Registrar otherwise directs,
be borne by the society or branch.
(4) The result of any inquiry under this section shall
be communicated to the society or branch whose affairs
have been investigated and in the case of a creditor to the
creditor.
(5) All officers and members of the society or branch
whose affairs are investigated shall furnish such information
in their possession in regard to the affairs of the society
or branch as the Registrar or person authorised by the
Registrar may require.
(6) If any person wilfully hinders or delays the
Registrar or any person duly authorised by him under this
section in the exercise of any powers under this section, or
fails to comply with the requisition of the Registrar or said
duly authorised person in pursuance of this section, or to
produce any books, accounts, ledgers, receipts, vouchers,
documents or moneys which he is required to produce, that
person shall be deemed to obstruct the Registrar or said
duly authorised person in the execution of his duties under
this section.
(7) Every person who obstructs the Registrar or duly
authorised person in the execution of his duty under this
section shall be guilty of an offence against this Ordinance.
(8) For the purpose of holding an inquiry under this
section the Registrar or other authorised person shall have
power to administer oaths and affirmations and shall be
vested with the powers of a Magistrate for compelling the
attendance of witnesses, maintaining order and otherwise
duly conducting the said inquiry. Persons summoned to
attend at any such inquiry shall be legally bound so to
attend.









70 Ch. 38. No. 2.] Friendly Societies.

Removal 74. (1) (a) If at any time it appears to the satisfaction of
of oiicer. the IRegistrar after due inquiry into the facts the officer or
ot her person being afforded a full opportunity of being heard
that an officer of a society or branch or a person holding
ollice in a society or branch, whether elected or otherwise,
has been guilty of negligence, irregularity or misconduct,
schl officer or person may le removed from office by order
of tlie Registrar, and the Registrar shall notify the society
or bralncih concerned and direct that it proceed to the elec-
tion of a substitute in the place or stead of such officer or
person removed as aforesaid. In the event, that the society
or branch shall fail to elect an officer to fill the vacant office
within one month of the date of such direction the Registrar
may thereupon appoint a new officer to fill such vacant
ofl'ice.
(b) (i) Every officer or other person who is
removed by order of tIlie Registrar having tlhe custody of
any books, ledgers, vouchers, registers, bills, documents,
nmoleys or other property or matter belonging to a society
or branch or relating to the business or affairs of a society
or branch shall forthwith deliver up to the Registrar or to
any person aut horised by him, such books, ledgers, vouchers,
registers, bills, documents, moneys or other property or
matter.
(ii) Any officer or other person who shall fail
to deliver p all r any such books, ledgers, vouchers,
registers, bills, documents, moneys, property or matter,
shall be guilty of an offence against this Ordinance and on
sulnlnary conviction before a Magistrate shall be liable to
imprisonment witli hard labour for three months or to a
line of one hundred and twenty dollars.
(2) In every case in which the Registrar shall remove
an officer of a society or branch or other person from office,
he shall, if required to do so by an order of a Magistrate,
transmit forthwith to such Magistrate any papers, docu-
ments, report or other matter upon which such order of
removal was made and if the Magistrate on perusing and
considering the same shall be of opinion that the officer
ought not to have been removed, he may call upon the
Registrar to show cause why an order should not be made
for the re-instatement of such officer. Any order may
command such officer either forthwith or on the expiration








Friendly Societies. [Ch. 38. No. 2. 71

of any given time as may appear to the Magistrate to be
just, to do, execute, or perform any duty or duties apper-
taining to or in connection with his said office and may order
the payment by such officer of such costs and expenses as
the Magistrate may think fit.
(3) The time in which to perform or fulfil any duty
may be extended on application to a Magistrate, upon such
terms and for such time as the Magistrate in his discretion
may think fit.
(4) Every application to a Magistrate by an officer or
other person who has been removed by order of the Registrar
shall be made within thirty days from the day upon which
the order of removal was issued, unless further time be
allowed by a Magistrate upon special circumstances
accounting for the delay as may appear to the Magistrate
to be just.
(5) Any officer or other person removed from office
by order of the Registrar under the provisions of this
section shall thereupon cease to hold office in the said
society or branch from the date of such order for the
remainder of his then current term of office and shall be
disqualified for being elected and for being an officer of any
society or branch for a period not exceeding five years as
the Registrar shall determine, next after the end of his
aforesaid current term of office.

75. (1) If at any time it appears that the funds or the Responsibi-
property of any society or branch have been wrongfully tyof and
withheld, misapplied or applied for unauthorised purposes declaration
or that the business of the society or branch has been carried of liability.
on with intent to defraud the society or branch or any
member thereof or any other person or that the conduct
of its proceedings or affairs has been carried on corruptly
or perversely the court, on the application of the Registrar
or any person authorised by him in writing, may, if it thinks
proper so to do, declare that any of the officers, whether
past or present, of the society or branch who were knowingly
parties to the wrongful withholding, misapplication or
unauthorised use of the said funds or property of the society
or branch or to the carrying on of the business of the society
or branch in manner aforesaid shall be personally liable with-
out any limitation of liability for all or any of the debts








72 Ch. 38. No. 2.] Friendly Societies.

or other liabilities of the society or branch as the court may
direct: Provided that any person who has not held
office in a society or branch within a period of six years
previous to the time at which any contravention of the
provisions of this subsection as respects such society or
branch shall have been discovered shall not be called upon
to account under this subsection.
(2) The court may, on the application of the Regis-
trar, or any person authorised by him in writing, in the case
of any person in respect of whom a declaration has been
made by it under this section order such person to repay
or restore the money or property or any part thereof
respectively with interest at such rate as the court thinks
just, or to contribute such sum to the funds of the society
by way of compensation in respect of the withholding,
misapplication or unauthorised use as the court thinks just.
And where an order for the payment of any money is made
as aforesaid under this section the order shall be deemed to
be a judgment debt, due to the society or branch entitled
to receive the same from the person against whom the said
order has been made and such order for the payment of
money or restoration of property may be enforced in the
same manner as a judgment or order of the court in civil
cases may be enforced. In this section the expression
the court in relation to a declaration or the making of
an order as aforesaid means any civil court of competent
jurisdiction in the Colony.
(3) Where the court makes any such declaration, it
may, notwithstanding the provisions of subsection (2)
hereof and that such person be then dead, add such further
directions as it thinks proper for the purpose of giving effect
to that declaration, and in particular for making the
liability of any such person under the declaration a charge
in priority to all other claims legal or equitable under any
Act, Ordinance, Law, Rule or Regulation or any benefits,
moneys, credits, debt or obligation due or to accrue from the
society or branch to the said person, or on any share,
insurance, mortgage, charge or interest in, on or upon any
of the funds or assets of the said society or branch held by or
vested in the said person or any society or person on his
behalf or any person claiming as assignee from or through
the society or person, and may from time to time make such








[Ch.38. No. 2. 73


further order as may be necessary for the purpose of en-
forcing any charge imposed under this subsection.
For the purpose of this subsection, the expression
assigneee includes any person to whom or in whose
favour, by the directions of the said person, the benefits,
credits, debt, obligation, mortgage or charge was created,
issued or transferred or the interest created, but does not
include an assignee for valuable consideration (not including
consideration by way of marriage) given in good faith and
without notice of any of the matters on the ground of which
the declaration is made.
(4) The court may, in the case of any person in
respect of whom a declaration has been made under sub-
section (1) of this section, order that that person shall not,
without the leave of the court, be an officer of or in any way,
whether directly or indirectly, be concerned in or take part
in the management of any society or branch for such
period, not exceeding ten years, from the date of the
declaration as may be specified in the order, and if any
person acts in contravention of an order made under this
subsection he shall in respect of such offence, be liable
on conviction on indictment to imprisonment for two
years, or on summary conviction to imprisonment for six
months, or to a fine of four hundred and eighty dollars,
or to both such imprisonment and fine.
(5) The provisions of this section shall have effect
notwithstanding that the person concerned may be crimin-
ally liable in respect of the matters on the ground of which
the declaration is to be made.

76. (1) The Registrar may- Cancelling
(a) with the approval of the Magistrate assigned to registry.
the magisterial district within which is situate the
registered office or any place of business of a society
(to whom application must be made in the prescribed
form), on proof to his satisfaction that an acknow-
ledgment of registry has been obtained by fraud or
mistake, or that a society exists for an illegal purpose,
or has wilfully and after notice from the Registrar
violated any of the provisions of this Ordinance, or
(b) if he thinks fit, at the request of a society to be
evidenced in such manner as he may direct, or


Friendly Societies.








74 Ch. 38. No. 2.] Friendly Societies.

(c) if a society has ceased to exist, by writing under
his hand cancel the registry of a society.
suspension (2) The Registrar in any case in which he might under
,of ,t.gt. paragraphs (a) and (c) of subsection (1) of this section
cancel the registry of a society, may, by writing under his
hand, suspend the registry for any term not exceeding three
months, and may, with the approval of the Magistrate, as
aforesaid renew from time to time the suspension for the
like period.
w1h'en (3) A society shall be deemed to have ceased to exist
soc i'l v
ilternl I- I non1- w\IenI
existent. (a) no regularly convened meeting of the general
body of the society or of its committee of management
or other governing body has been held at the times
and place appointed by the rules for holding the same
during a continuous period of six months; or
(b) no election of officers of the society has been held
in the manner prescribed by the rules for two con-
secutiive years; or
(c) any Iprescribed return required to be submitted to
Ilih Registrar has not been so submitted in respect
of \\wo consecutive years; or
(d) it has been reported to the Registrar by the
prescribed persons referred to in section 27, or by
the accountant appointed by the Registrar under
section 71 of this Ordinance, or the Registrar is
satisfied from a report so submitted to him by any
such prescribed persons or accountant, or as a result
of any inquiry made or held under the provisions
of section 73 of this Ordinance, that the society is
insolvent or must necessarily become so and in the
Registrar's opinion no further business should be
transacted; or
() thlie number of the enrolled financial members of
the society is less than twenty.
Not ce before (4) Unless the Registrar has given to a society not less
-and ein than one month's previous notice in writing in the pres-
s'ispension. cribed form specifying briefly the grounds of any proposed
cancelling or suspension, the registry of the society shall not
be cancelled (except at its request) or suspended.








Friendly Societies. [Ch. 38. No. 2. 75

(5) Service of process under paragraph (a) of sub- Service of
section (1) of this section and the notice in writing referred process.
to in subsection (4) of this section may be given as follows-
(a) by delivery thereof to any officer of the society
personally; or
(b) by leaving the same at or sending it by prepaid
registered post addressed to the society or to any
officer thereof at the registered office or last known
place of business of the society.
(6) When the registry of a society has been cancelled Advertise-
or suspended, notice thereof shall forthwith be published in "mnt.
the Royal Gazette.
(7) When the registry of a society has been sus- Ilfect of
penned or cancelled, the society shall, from the time of the canoeing
suspension or cancelling (but if suspended, only while the sion of
suspension lasts, and subject also to the right of appeal registry.
given by this section), absolutely cease to enjoy as such the
privileges of a society but without prejudice to any liability
whether criminal or civil incurred by the society; any such
criminal liability may be enforced against the society as if
the isuspensionl or cancelling had not taken place; and any
such civil liability may be enforced
(a) after the cancelling, in the manner in subsection
(9) hereof provided, and
(b) after the suspension, as if the suspension had not
taken place.
(8) A society may within thirty days from the date of Appeal.
the Royal Gazette in which the advertisement appears appeal
from the cancelling of its registry or from any suspension or
renewal of suspension thereof to a Judge of the Supreme
Court sitting in Chambers.
(9) Upon the cancelling of the registry of a society Realisation
with realisable property- and mar-
shalling of
(a) every officer having receipt or charge of money or assets.
other personal property of the society shall forthwith
deliver the same to the Registrar or his nominee who
shall realise by sale all such other personal property;
such money and proceeds of sale shall be applied by the
Registrar in the manner provided by paragraph (d)
of this subsection;








76 Ch. 38. No. 2.]


(b) the committee of management or other managing
body of the society shall forthwith deliver to the
Registrar full particulars of all claims outstanding
against the society, of all securities and of all property
of whatever tenure held bv the society and the Crown
grants or other muniments of title or copies of such
muniments of title in the possession of the trustee
or other member or members of the said committee
of management or of such managing body; the
Registrar shall have power to dispose of the said
property by sale and in the case of mortgage securities
to exercise the power of sale or of seizure which, but
for the cancelling of the registry of the society, would
otherwise be exercisable by the society or its trustees
and to execute in favour of the purchaser a deed of
conveyance, memorandum of transfer, assignment or
other appropriate instrument for vesting title in such
purchaser: the purchase money shall be deposited
with the Registrar or his nominee to be applied by the
Registrar in the manner provided by paragraph (d) of
lhis subsection. The Registrar shall also have power
to sue in his own name in any court of competent juris-
diction for the recovery of any sums due to the society;
(c) the Registrar shall upon realisation of all the
available property of the society publish an advertise-
ment in the prescribed form in a local newspaper once
in each week for a period of two weeks requiring
creditors of the society to submit their claims to him;
such claims shall be in detail and be verified by affidavit
to the satisfaction of the Registrar;
(d) upon the expiration of twenty-one days from the
date of the first publication of the advertisement,
the Registrar shall apply the moneys in hand in the
manner and in the order following-
(i) in payment of the prescribed fees and of all
expenses of and incidental to the realisation of the
property;
(ii) in payment of all local rates and all assessed
taxes, land tax, house tax, and all other taxes
or sums whatsoever assessed on the society;
(iii) in settlement of the amount due for not
more than six months' house or land rent;


FyviEndlyl Societies.








Friendly Societies. [Ch. 38. No. 2. 77

(iv) in satisfaction of all claims submitted by
members of the Medical Board, dentists, opticians,
druggists, and undertakers;
(v) in payment to financial members of sick
relief death benefits or other benefits assured by
the society for which claims have been submitted;
(vi) in satisfaction of claims submitted for
salaries or other remuneration payable to officers
of the society;
(vii) in satisfaction of all other demands not
being in the nature of unliquidated damages;
(viii) any balance in the hands of the Registrar
may, whether wholly or in part, be applied by
him in distribution among such of the members
of the society as the Registrar shall in his discretion
determine, and the rest, if any, of such moneys
shall be the property of the Crown and shall be
deposited into the Treasury in the prescribed
manner;
(e) the decision of the Registrar in relation to the
marshalling and distribution of the assets of the
society shall be binding and conclusive on all parties
without appeal.

77. (1) Subject to the provisions of this Ordinance as to Dissolution
the dissolution of societies with branches, a society or branch of societies.
may terminate or be dissolved in any of the following
ways-
(a) upon the happening of any event declared by the
rules to be the termination of the society or branch;
or
(b) as respects societies or branches other than
friendly societies or branches, by the consent of three-
fourths of the members, testified by their signatures to
the instrument of dissolution; or
(c) as respects friendly societies or branches, by the
consent of three-fourths in value of the members
(including honorary members, if any), testified by
their signatures to the instrument of dissolution, and
also by the written consent of every person receiving
or entitled to receive any relief, annuity, or other








Frictndlv Societies.


benelit from til' funds of thie society or branch, unless
ti e claims of t1hat person is first duly satisfied, or ade-
qluate provision made for satisfying that claim, and, in
tlie case of a branch, with the consent of the central
Ibodt of t he society, or in accordance' with the general
rules of (lite society; or
(d) by (lie award of thie lRegistrar in tlie cases
specified ill this Ordinance.
(2) I'hle provisions of this Orlinance as to tlie method
of calculating tliet value of members and lihe remedy of
nliell)tcers and persons dissatisfied with lit' provisions ilahde
for satisfying their claims in tilt, case of tlit' amalgamiation
or transfer of engtagements of a friendtlyv society shall apply
to tlit' dissolution of a frientlly society or branilh.

I nistinit 78. W\'ht'lle sotit'y o)r brli cll is I terminated b1 all
ot is'o l- lj inslriuimenit o f (lisso lultio
tioi.
(a) tlie inst ruimnentl shall set fort h
(i) lite liabilities and assets of tlie' society or
branll in dll tail; a l
(ii) tli number of nitemlbers and t li te nature of
their interests in tlihe society or branch; and
(iii) tlie claims of creditors (if any) and tlhet'
provision to be dei;l for their payment ; andl
(iv) tlit intendtled appropriation or division of
lit' fuitls andt propertIy of liet' society or branch,
uiltless the' appropriFtialon or division is stated in
lihe instrul' ent of dissolution to be left to tlit'
award of lihe lbctgistrar;
(h) alterations ill tit' instrument of dissolution may
be made with th li ike consents as are in this ordinance e
required l for lile dissolution of a society or branch,
testified inll tile samlle mannller;
(c) a st at ut ory declarat ion shall be niade by oneof the
trustees, or Iby three intembers and tilt' secretary of tlihe
society or branch, thait tlie provisions of this Ordinance
have beetn complied within, and slall be sent to tlihe
Rlegist rar witl Ih lie inst ruinment of dissolution;
(d) lithe instrument shall not, ill lite case of a friendly
society or branch, direct or contain any provision
for a division or appropriation of the funds of the


Ch. 38. No. 2.])







[Ch.38. No. 2. 79


society or branch, or any part thereof, otherwise
than for the purpose of carrying into effect the objects
of tlhe society or branch as declared in the rules thereof,
unless the claim of every member or person claiming
any relief, annuity, or other benefit from the funds
thereof is first duly satisfied, or adequate provisions
are made for satisfying those claims;
(c) the instrument of dissolution and all alterations
therein shall be registered in manner in this ordinancee
provided for the registry of amendments of rules, and
shall he binining upon all the members of tile society
or branch;
(f) the Registrar shall cause a notice of tlil dissolu-
tion to he published in tile ARoval Gaze/le at tlie expense
of the society or branch, aldl, unless, within three
months from the date of tlie Rov\,l (;azdlle in which
tlie advertisement appears, a iemibelr or other person
interested in or having any claim on tlie funds of tlie
society or branch cotlunlencet's proceedings to set aside
tlhe dissolution of t lie society or branch, and t le
dissolution is set aside accordingly, tlie society or
branch shall be legally dissolvedl from tlie date of that
advertisement, and tlie requiisite consents to the
instrument of dissolution shall be considered to have
been duly obtained without proof of tlie signatures
h lereto.

79. (1) Ulponl tlie application made in writ ing under their nisslution
hall Is 1b award.
(a) of one-lifth of tle whole iInuIie'r of l'lllmembers of a
society or branch; or
(b) in the case of a society or branch of one thousand
members and not exceeding ten thousand, of one
hundred members; or
(c) in the case of a society or branch of more than ten
thousand members, of five hundred members,
the Registrar may by himself, or by any actuary or
auditor whom the Registrar may appoint in writing under
his hand, investigate the affairs of the society or branch,
but shall give not less than one month's previous notice in
writing to the society or branch whose affairs are to be
investigated.


Friendlty Societlies.







Friendly Societies.


(2) The application shall--
(a) state that the funds of the society or branch are
insufficient to meet the existing claims thereon, or
that the rates of contribution fixed in the rules of the
society or branch are insufficient to cover the benefits
assured; and
(b) set forth the grounds on which the insufficiency
is alleged; and
(c) reqtlest an investigation into the affairs of the
society or branch with a view to the dissolution thereof.
(3) If upon the investigation it appears that the funds
of the society or branch are insufficient to meet the existing
claims thereon, or that the rates of contribution fixed in the
rules of lihe society or branch are insufficient to cover the
benefits assured to be given by the society or branch, the
Registrar may, if he considers it expedient so to do, award
that tliel society or branch be dissolved, and its affairs wound
iup, and shall direct in what manner the assets of the society
or branch shall be divided or appropriated: Provided that
the Registrar may suspend his award for such period as he
may deeim necessary to enable tlie society or branch to
make such alterations and adjustment of contributions and
benefits as will in his judgment prevent the necessity of the
award of dissolution being made.
(4) The Registrar proceeding under this section shall
have all tilte same powers and aut horities, enforceable by thie
same penalties, as in tlie case of a dispute referred to him
under this Ordinance.
(5) Every award under this section, whether for
dissolution or distribution of funds, shall be final and
conclusive on the society or branch in respect of which the
award is made, and on all members of tilhe society or branch,
and on all other persons having any claim on the funds of
the society or branch, without appeal, and shall be enforced
in the same manner as a decision of a dispute under this
Ordinance.
(b) The expenses of every investigation and award,
and of publishing every notice of dissolution, shall be paid
out of tile funds of the society or branch before any other
appropriation thereof is made.


Ch. 38. No. 2.1








Friendly Societies. [Ch. 38. No. 2. 81

(7) Notice of every award for dissolution shall,
within twenty-one days after the award has been made, be
published by the Registrar in the Royal Gazelle; and unless,
within three months from the date on which that advertise-
ment appears, a member or person interested in or having
any claim on the funds of the society or branch commences
proceedings to set aside tile dissolution of the society or
branch consequent upon such award, and the dissolution
is set aside accordingly, the society or branch shall be legally
dissolved from the date of the advertisement, and the
requisite consents to the application to the Registrar shall
be considered to have been duly obtained without proof
of the signatures thereto.

80. The provisions of this Ordinance respecting the Iissolution
dissolution of societies shall not apply to any society having ',f"tijs
branches except with the consent of the central body of the Ibranches.
society.

81. (1) Where a person takes any proceeding to set aside Notice of
the dissolution of a society or branch, lie shall give notice of I,"r';"dli,'
the proceeding to the Registrar not less than seven days et aside
before the proceeding is commenced. disqolu iou,.
(2) Where an order is made setting aside the dis-
solution of a society or branch, the society or branch shall
give notice of the order to the Registrar within seven (lays
after the order has been made.

OFFENCES, PENALTIES, AND LEGAL PROCEEDINGS.
82. It shall be an offence under this Ordinance if- otfences.
(a) a society or branch or an officer or member
thereof fails to give any notice, deliver up, return or
send any contribution card, return or document, do or
allow to be done anything, which the society, branch,
officer, or person is by this Ordinance required to give,
deliver up, return, send, do, or allow to be done; or
(b) a society or branch or an officer or member
thereof wilfully neglects or refuses to do any act or to
furnish any information required for the purposes
of this Ordinance by the Registrar or by any other
T.---VI. 6








82 Ch.38. No. 2. ]


person authorised under this Ordinance, or does
anything forbidden under its rules or by this Ordi-
nance; : or
(c) a society or branch lL 1 or an officer or member
thereof makes a return or wilfully furnishes information
in any respect false or insufficient; or
(d) ;an officer or member of a body which, having
been a branch of a society, Ihas wholly seceded or been
expelled from that society, thereafter uses the name of
that society or any name implying that tlie body
is a branch of that society or tlie number by which that
body was designated as such branch; or
(() where application is made to the Registrar to
hear and determine a dispute or where a dispute ispte
referred under this Ordlinance to the Reg-istrar, a
person refuses to attend or to produce anyv books,
documents, or thiiungs. or to give evidence before
tlie Registrar; or
(f) a society or branch pays money on the death of a
child under ten years of age otherwise than is provided
bv this Ordinance; or
(i) a parent or personal representative of a parent
claimiini;g money on the deait of a clild produces a
certificate of the death other tilan is in this Ordinance
provided to tilt'e society or branch from which tile
money is claimed, or produces a false certificate, or one
Fraudulent ly obtained or in any way attempts to defeat
hle provisions of this Ordinance with respect to pay-
mnents upon the death of children; or
(h) an officer of a society or branch wilfully refuses to
observe or comply with any of the provisions of the
rules of such society or branch relating to his duties
or functions under such rules or with any of tilhe
provisions of the regulations contained in the Second
Schedule to this Ordinance relating to his duties or
functions under such regulations: Provided that no
complaint shall be laid against any officer under this
paragraph except by, or with the consent inl writing of,
tl e Registrar.

Illicit 83. No officer of a society or branch shall, either in
payments. addition to or in substitution for tlihe remuneration )rescri)bed


Fri'endclY\ Socictit's.$








ICh.38. No. 2. 83


under this Ordinance or authorized by the rules of the society,
or branch, receive from any other person any gift, bonus,
commission, or benefit, for or in connection with any
benefit paid or any loan made by the society or branch, and
any person paying or accepting any such gift, bonus,
commission, or benefit, shall be liable, on summary con-
viction, to a fine of two hundred and forty dollars, and,
in default of payment, to be imprisoned for six months.
and the person accepting any such gift, bonus, commission,
or benefit, shall as and when directed by the Court by whom
he is convicted, pay over to the society or branch the
amount or value of such gift, bonus, commission, or benefit,
and in default of such payment shall be liable to be im-
prisoned for six months.

84. (1) (a) No person who is an undischarged bankrupt I ankrupt.
or has compounded with his creditors or has made an oC fioi,. f
arrangement or composition with his creditors under the society.
Bankruptcy Ordinance or the Deeds of Arrangement
Ordinance, shall be appointed, or if appointed, shall act as
the president, vice-president, secretary, assistant secretary,
treasurer, or trustee of a society.
(b) Any person acting in contravention of the
provisions of this subsection shall he liable to a fine of
ninety-six dollars.
(2) A person shall be disqualified for being elected
and for being an officer of any society or branch if within
the previous ten years he has been convicted of any offence
involving dishonesty. If any person, who, under the
provisions of this subsection, is disqualified for being
elected and for being an officer of any society or branch, or,
if elected to be an officer of any society or branch, has
become disqualified to hold such office, acts as an officer of a
society or branch lie shall be guilty of an offence and shall
be liable on summary conviction to imprisonment for six
months with or without hard labour or to a penalty of two
hundred and forty dollars.

85. (1) No person shall hold both the offices of president limitations
and treasurer or secretary and treasurer of the same society o) ""omi
or a branch thereof. lds
6 (2)


Friendl~y Societies.








84 Ch.38. No. 2.]


(2) No person shall hold the office of treasurer in
more than one society.
(3) No person holding any other office therein shall
he, or act as, the medical officer, dentist, optician or druggist
of any society.
(4) Any person contravening any of the provisions
of this section shall be liable to a fine of one hundred and
twenty dollars.

o()encens ,y 86. Where a society or branch is guilty of an offence
society to
be -lso, under this Ordinance, every member of the committee,
offences n, unless that member is proved to have been ignorant of or
officers, etc. to have attempted to prevent the commission of the offence,
shall be liable to the same penalty as if he had committed
the offence.

(0oniii1nn 87. Every default under this Ordinance constituting an
o""'""s offence, if continued, shall constitute a new offence in
every week during which the default continues.

,I',nnini, m 88. (1) If any person, with intent to mislead or defraud,
false f-,lara- gives to any other person a copy of any rules, laws,
ions', land regulations, or other documents, other than the rules of a
"'pritio- society or branch, on the pretence that they are the existing
rules of that society or branch, or that there are no other
rules of the society or branch, or gives to any person a
copy of any rules on the pretence that those rules are the
rules of a registered society or branch when the society
or branch is not registered, the person so offending shall be
guilty of an offence under this Ordinance.
(2) If any person obtains possession by false represen-
tation or imposition of any property of a society or branch,
or withholds or misapplies any such property in his
possession, or wilfully applies any part thereof to purposes
other than those expressed or directed in the rules of the
society or branch and authorised by this Ordinance, he
shall, on such complaint as is in this section mentioned, be
liable to a fine of one hundred and twenty dollars, and
costs, and to be ordered to deliver up all such property, or to
repay all sums of money applied improperly, and in default
of such delivery or repayment, or of the payment of such


Friendly Societies.







Friendly Societies. [Ch. 38. No. 2. 85

fine and costs as aforesaid, to be imprisoned for three
months: Provided that where on such a complaint against
a person of withholding or misapplying property, or
applying it for unauthorised purposes, it is not proved
that that person acted with any fraudulent intent, he
shall not be liable to conviction but may be ordered to
deliver up all such property or may be ordered to repay
any sum of money applied improperly, with costs, and in
default of such delivery or repayment or of the payment of
such costs as aforesaid to be imprisoned for three months.
(3) Complaint under this section may be made-
(a) in the case of a society, by the society or any
member authorised by the society, or the trustees or
committee of the society; or
(b) in the case of a branch, by-
(i) the branch or any member authorised by
the branch or the trustees or committee thereof;
or
(ii) the central body of the society of which the
branch forms part; or
(iii) any member of the society or branch
authorised by the central body; or
(c) in any case, by the Registrar or by any person
authorised in writing by the Registrar.
(4) Nothing in this Ordinance shall prevent any
such person from being proceeded against by way of
indictment, if not previously convicted of the same offence
under the provisions of this Ordinance.
(5) In any proceedings instituted under this section
against an officer, member or other person in respect of
any sum surcharged or balance certified by an auditor
appointed under this Ordinance upon audit of the books and
accounts of a society or branch to be due by the officer,
member or other person, the onus of proving the same to
have been due to any accidental or formal slip, error or
omission shall lie upon such officer, member or other person,
as the case may be.

89. (1) If any person wilfully makes, or causes to be I'onalties
for falsili-
made, any entry, erasure in, or omission from a balance cation, tc.
sheet of a society or branch, or a return or document







Friendly Societies.


required to be sent, produced, or delivered, for the purposes
of this Ordinance with intent to falsify the same, or to evade
any of the provisions of this Ordinance, he shall be liable
to a fine of two hundred and forty dollars.
(2) Any officer or other person who makes any
material omission or omits to make any material entry
which by this Ordinance or the Regulations thereunder
or by the rules of a society or branch he is required to make
in any cash book, general ledger, blotter, statement showing
receipts and expenditure, balance sheet, contribution card,
members' register, account, record, ret urn or other
document affecting or relating to the property or affairs
of a society or branch or to the benefits, rights or privileges
of a imembelr thereof shall, unless lie proves that he had no
intent to defraud. be guilty of an offence under this
Ordinance.
(3) If in any statement showing receipts and
expenditure, balance sheet, return, record, form, account
or oilher docmllent required for the purposes of this
Ordinance any officer wilfully makes a statement or entry
false in any material particular or knowing the same to
be untrue in any material particular, he shall, unless he
proves that lie liad no intent to defraud, be guilty of an
offence under this Ordinance.

Mutiiion. 90. If any person conceals, destroys, mutilates, alters or
,k. ,.s, falsifies any books, papers, securities, contribution cards,
etC receipts, births and deaths certificates or other documents
affecting, belonging or relating to a society or branch or
makes or is privy to the making of any false or fraudulent
entry in any register, book, contribution card, paper or
other document, affecting, belonging or relating to the
property or affairs of a society or branch with intent to
defraud or deceive the society or branch or any person
he sliall be liable, on summary conviction, to imprisonment
for six months or to a penalty of two hundred and forty
dollars.

offences in 91. Any person who for purposes of or in connection
connection
with with an election- -
d.lectons. (a) fabricates in whole or in part or alters, defaces,
dest roys, abstracts or purloins any voting paper; or


Ch. 38. No. 2.]







[ Ch.38. No. 2. 87


(b) personates any person entitled to vote at any
election; or
(c) falsely assumes to act in the name or on behalf
of any person so entitled to vote; or
(d) wilfully obstructs or hinders the enumeration of
those voting or interferes with the delivery or collection
of any voting papers; or
(c) delivers any voting paper under a false pretence
of being lawfully authorized so to do; or
(f) not being a financial member of the society or
branch and entitled to vote at any election, knowingly
votes threat,
shall be liable on summary conviction to a penalty of two
hundred and forty dollars, or, in the discretion of the
court, to imprisonment with or without hard labour for six
months.

92. The following persons shall be deemed guiltV of Ihl'inition
bribery within the meaning of this Ordinance of bribery.
(i) Every person who, directly or indirectly, by
himself or by any other person on his behalf, gives,
lends, or agrees to give or lend, or offers, promises,
or promises to procure or to endeavour to procure
any money or valuable consideration to or for any
member of a society or branch, or to or for any person
on behalf of any member of a society or branch,
or to or for any other person in order to induce any
member of a society or branch to vote or refrain
from voting at any election, or corruptly does any such
act as aforesaid on account of any member of a society
or branch having voted or refrained from voting at
any election.
(ii) Every person who, directly or indirectly, by
himself or by any other person on his behalf, makes
any gift, loan, offer, promise, procurement or agree-
ment to or for any person, in order to induce such
person to procure, or endeavour to procure, the return
of any person as an elected officer of a committee,
or the vote of any member of a society or branch
at any election.
(iii) Every person who, before, during, or after any


F~rieptdy Societies.








88 Ch. 38. No. 2.] Friendly Societies.

election, directly or indirectly, by himself or by any
other person in his behalf, receives, agrees, or contracts
for any money, gift, loan or valuable consideration,
office, place, or employment for himself or for any
other person, for voting or agreeing to vote, or for
refraining or agreeing to refrain from voting at any
elect ion.

Dtinition 93. The following persons shall be deemed guilty of
o, t,.rating. treating within the meaning of this Ordinance--
(i) Every person who corruptly, by himself or by
any other person, either before, during, or after an
election, directly or indirectly, gives, or provides or
pays wholly or in part the expense of giving or
providing any food, drink, entertainment, or pro-
vision to or for any person for the purpose of corruptly
influencing that person, or any other person, to vote
or to refrain from voting at such election, or on account
of such person or any other person having voted or
refrained from voting at such election.
(ii) Every voter who corruptly accepts or takes any
such food, drink, entertainment, or provision.
(iii) For the purposes of this section voter means
any person who votes at an election of an officer or
officers of a committee of management or other
directing body of a society or branch, held under the
provisions of this Ordinance.

Definition 94. Every person who, directly or indirectly, by himself
ifluence or by any other person on his behalf, makes use of or
threatens to make use of, any force, violence, or restraint,
or inflicts or threatens to inflict, by himself or by any other
person, any temporal or spiritual injury, damage, harm,
or loss upon or against any person, in order to induce or
compel such person to vote or refrain from voting or on
account of such person having voted or refrained from
voting at any election, or who by abduction, duress, or
any fraudulent contrivance, impedes or prevents the free
exercise of the vote of any member, or thereby compels,
induces, or prevails upon any member either to give or
refrain from giving his vote at any election, shall be guilty
of undue influence within the meaning of this Ordinance.







Friendly Societies. [Ch. 38. No. 2. 89

95. Every person who is guilty of bribery, treating or Penalty for
undue influence, under the provisions of this Ordinance bribery,
treating or
shall, on summary conviction thereof, be liable to imprison- undue
ment for a term not exceeding six months or to a fine of n'""ence"
four hundred and eighty dollars.

96. Every person who is convicted of bribery, treating, or Disqualifica-
undue influence, shall (in addition to any other punishment) ri, etc.
be incapable during a period of seven years from the date of
conviction-
(a) of voting at any election of officers;
(b) of being elected an officer of the committee of
management or other directing body of a society
or branch, or if elected before his conviction, of
retaining his seat as such officer.

97. A society or branch, and an officer or member of a Penalty for
society or branch, or other person guilty of an offence under ordfncaes
this Ordinance for which a penalty is not expressly provided
shall be liable to a fine of one hundred and twenty dollars.

98. If an officer or person aids or abets in the amalgama- Special
tion or transfer of engagements or in the dissolution of a the, case
friendly society otherwise than as in this Ordinance friendly
provided, he shall be liable to the penalty imposed by this societies.
Ordinance for offences thereunder, or to be imprisoned
with hard labour for three months.

99. (1) Unless otherwise expressly provided, all offences Recovery of
under this Ordinance may be prosecuted, and all penalties penalties.
imposed by this Ordinance or by any regulations thereunder,
or by the rules of a society or branch, may be recovered in
the manner provided by the Summary Courts Ordinance.
(2) Save as otherwise herein provided any such
penalty shall be recoverable at the suit of the Registrar or
of any person authorised in writing by the Registrar or
of any person aggrieved.

100. In every case where no time is specially limited for Limitation.
making a complaint' for an offence under this Ordinance,
such complaint shall be made within four years from the







Friendly Societies.


time when the matter of such complaint arose, and not
after.

Legal 101. (1) The trustees of a society or branch, or any other
proceedings. officers authorized by the rules thereof, may bring or defend,
or cause to be brought or defended, any action or other legal
proceedings in any court whatsoever, touching or con-
cerning any property, right, or claim of the society or
branch, and may sue and be sued in their proper names,
without other description than the title of their office.
(2) In legal proceedings brought under this
Ordinance bv a member, or person claiming through a
member, a society or branch may also be sued in the name,
as defendant, of any officer or person who receives contri-
butions or issues policies on behalf of the society or branch
within the jurisdiction of the court in which the legal
proceedings is brought, with the addition of the words
on behalf of the society or branch (naming the same).
(3) Legal proceedings shall not abate or be dis-
continued by the death, resignation, or removal from office
of any officer or by any act of any such officer after the
commencement of the proceedings.
(4) The summons, writ, process, or other pro-
ceeding to be issued to or against the officer or other person
sued on behalf of a registered society or branch, shall be
sufficiently served by personally serving that officer or
other person, or by leaving a true copy thereof at the
registered office of the society or branch, or at any place of
business of the society or branch within the jurisdiction
of the court in which the proceeding is brought, or, if that
office or place of business is closed, by posting the copy
on the outer door of that office or place of business.
(5) In all cases where the said summons, writ,
process, or other proceeding is not served by means of such
personal service or by leaving a true copy thereof at the
registered office of the society or branch as aforesaid, a
copy thereof shall be sent in a registered letter addressed
to the committee at the registered office of the society or
branch, and posted at least fourteen days before any further
step is taken on the proceeding.


Ch. 38. No. 2.]







[Ch. 38. No. 2. 91


(6) Where proceedings are taken against a society or
branch for the recovery of any penalty under this Ordinance,
the summons or other process shall be sufficiently served
by leaving a true copy thereof at the registered office of
the society or branch, or at any place of business of the
society or branch, within the jurisdiction of the court in
which the proceeding is brought, or, if that office or place
of business is closed, by posting the copy on the outer
door of that office or place of business.
(7) Where the person against whom the proceedings
are to be taken is himself a trustee of a society or branch, the
proceedings may be brought by the other trustees or trustee
of the society or branch.

ADVISORY FRIENDLY SOCIETIES COUNCIL.
102. (1) There is hereby established an Advisory Friendly constitution
Societies Council (herein referred to as the Advisory Coun i.so
Council ") to consist of the Registrar as Chairman and eight
members to be appointed by the Governor in Council.
The eight members appointed shall be selected from persons
interested in and familiar with matters pertaining to societies
in urban or rural areas.
(2) The Governor shall appoint from among the
members of the Advisory Council a Vice-Chairman who shall
hold office during the Governor's pleasure. The Vice-
Chairman shall officiate as Chairman in the absence of
the Chairman. In the absence of the Chairman and Vice-
Chairman, the members then present may appoint one of
their number as Chairman. Every meeting of the Advisory
Council shall be presided over by the Chairman. The
decisions of the Advisory Council shall be by a majority of
votes. The person so presiding shall vote as a member of
the Advisory Council, and shall if there is an equal division
on any question, also have a casting vote.
(3) Every member of the Advisory Council shall,
unless he sooner dies, or sooner resigns his office by notice
in writing to the Registrar, hold office for two years from
the date of his appointment, but shall be eligible for re-
appointment from time to time.
In the event of a member dying or sooner resigning his


Friendly Societies.







92 Ch. 38. No. 2.] Friendly Societies.

office the Registrar shall notify the Colonial Secretary in
writing to such effect.
(4) If a vacancy occurs in the Advisory Council the
vacancy shall be filled by the Governor in Council as soon
thereafter as is conveniently possible: Provided that, if
the vacancy is not filled, the acts of the remaining members
shall not be thereby invalidated so long as the number of
the remaining members shall not fall below five.
(5) Decisions of the Advisory Council may be taken
at meetings, or, in the cases in which the Chairman shall so
direct, by the recording of the opinions of members on
papers circulated among them.
(6) The quorum of the Advisory Council at any
meeting or for the purpose of voting on papers circulated
shall be five.
(7) The Advisory Council shall meet not less fre-
quently than six times a year and whenever the Chairman
or at least five of the members request a meeting. Each
member shall be allowed actual and necessary travelling
expenses in accordance with the Travelling Regulations for
public officers from time to time in force.
(8) The Governor may allow a member of the
Advisory Council to be absent on leave.
(9) The Governor may appoint any person to act in
the place of any member of the Advisory Council in case of
such member's temporary absence or inability to act.
(10) Any member of the Advisory Council may at
any time by order of the Governor in Council be removed
from office and from the date of such order the member
named therein shall cease to be a member.
(11) The appointment, removal or resignation of any
member of the Advisory Council shall be notified in the
Royal Gazette.

Main 103. It shall be the main purpose of the Advisory Council
purpose of to promote the general welfare of the people of the Colony
Advisory
council, by encouraging the growth, development, improvement and
expansion of societies throughout the Colony.








Friendly Societies. [Ch. 38. No. 2. 93

104. To carry out the objects of section 103 the Advisory Powers and
Council shall inter alia- duties of
Advisory
(a) encourage the development throughout the council.
Colony of societies with adequate health services and
facilities;
(b) co-operate with departments and other agencies,
associations, organizations, groups, and bodies, Govern-
ment or non-Government, public or private, function-
ing in the field of or concerned with social welfare,
insurance, labour, nursing, education, workmen's com-
pensation, health or medical care;
(c) collect and analyse statistics and make studies,
investigations, and reports on conditions, problems
and needs in the field of health in the Colony and in
other countries in relation to societies, and disseminate
and make available information in this field;
(d) make reports and recommendations with respect
to the most efficient policies and methods for the
promotion of health and related services as respects
the members of societies, including recommendations
with respect to legislation and matters of adminis-
trative policy;
(e) carry out such specific duties as may be entrusted
to it by this and any subsequent enactment of the
Legislature and exercise general supervision over the
agencies transferred to it; and
(f) make such provision for the holding of confer-
ences, the giving of lectures and talks and the publica-
tion of information on questions relating to societies
as it thinks necessary or desirable, and may, if it thinks
fit, for these purposes make arrangements with
departments, organizations, associations, groups or
other institutions.

105. (1) The Advisory Council shall also advise the Ancillary
Registrar with reference to questions affecting the general P"rposes.
policy, administration, management and operation of
societies, and in particular with respect to-
(a) the ensuring of prompt and efficient care of
members of societies entitled to benefits;








Friendvl Societies.


(b) adequate and suitable methods and arrangements
for paying, supplying or providing benefits to members;
(c) the ensuring of adequate professional services to
members;
(d) other auxiliary, surgical, medical, dental, optical
and additional benefits designed to benefit or serve
members;
(c) providing for the extension and improvement of
juvenile societies;
(f) studies and surveys of the Friendly Society
Movement from all aspects; and
(g) the medical care and aid of needy or distressed
members of societies:
Provided however, that no matter or question which is
or is likely to be the subject of a dispute, inquiry, investi-
gation, special inspection, audit, or other proceeding, under
the provisions of this Ordinance, or of an action, suit, claim
or judicial proceeding, civil or criminal, shall be investi-
gated or discussed by the Advisory Council.
(2) The Advisory Council shall exercise no juris-
diction, or control whatsoever over the Registrar or the
Office of the Registrar or over any society, nor shall any
decision by the Advisory Council affect the administration,
personnel or operation of any society.

Provision 106. The Advisory Council shall be provided by the
fot st.Ltl. Registrar with such secretarial, clerical or other assistants
as the Legislature shall authorise each year for carrying out
the objects and functions of the Advisory Council.

GENERAL.
Exemnipion 107. (1) Estate and succession duties shall not be
from cstat, assessable or imposed upon or in respect of moneys payable
sion duties. by a society or societies and their branches upon the death
of a member amounting in the aggregate to a sum of four
hundred and eighty dollars or under; and in ascertaining
the property passing on the death of a member of a society
or societies and their branches for the purposes of estate
and succession duties there shall be allowed a deduction up
to but not exceeding the sum of four hundred and eighty
dollars in respect of moneys so payable.


Ch. 38. No. 2.]








Friendly Societies. [Ch. 38. No. 2. 95

(2) Every society and branch shall at the end of each
quarter make a return on the prescribed form to the
Commissioner of Estate Duties of the names and addresses
of its deceased members in respect of whose death moneys
have been paid by the society or branch during such
quarter and of the respective amounts so paid and of the
name and address of the person or persons to whom the
same have been paid.

108. Notwithstanding anything to the contrary contained Validation
in any Ordinance or law relating to friendly societies prior f cerant
dependants
hereto in force in this Colony, the insurance of any moneys funeral
to be paid for the funeral expenses of persons other than the benefits.
husband, wife or child of a member, or of the widow of a
deceased member of any friendly society and payments
made and intended to be made by virtue of any insurance
effected under such Ordinance or law shall be held to be
good and valid in law for all intents and purposes.

109. Every society or branch shall keep in one or more Register
books a register of its members and it shall be the duty of the of members.
secretary thereof to enter fairly and distinctly therein from
time to time the following particulars:-
(a) The names and addresses, and the occupations,
if any, of the members and in the case of insurance
and share holding societies a statement of the policy
or policies or of the share or shares held by each
member, distinguishing each policy or share by its
number, of the amount assured by each policy or the
value and class of each share and of the amount paid
or agreed to be considered as paid on the policy or
share of each member;
(b) the name of each person entered as a member, to
be consecutively numbered;
(c) the date at which each person was admitted as a
member;
(d) the date at which any person ceases to be a
member and the cause or reason therefore;
(e) all payments made from time to time by every
member and the particulars thereof; and
Register of
(f) the names and addresses of the nominee or nominees
nominees (if any) and the dependant or dependants and depen-
members.








Friemndl Societies.


(if any) of every member and in the case of a dependant
or defendants his or their relationship to every such
member together with the date of the nomination
of such nominee or nominees and the date of regis-
tration of such dependent or defendants, and the age
or ages of such dependent or defendants.

I'vs pia 110. (1) For the purpose of this Ordinance, a certificate
,'I,.,, of the birth or death of any member of or person insured or
Iiths .111d to i)e insured with a society or branch shall, on application
I,.iis. being made as in this Ordinance provided, be given under
his hand by the Registrar of Births and )Deathls, for a sum
not exceeding twenty-four cents, in place of all fees or
payments otherwise payable in respect thereof.
(2) Whenever application is made at one time to any
such Registrar for more certificates than one of the same
birth or death for the purposes of and in the manner pres-
scribed bI this Ordinance, the sum charged for every such
cert ificat e other than the first shall not exceed twelve cents.

Kv,.i-. 111. Every document purporting to be signed by the
,ntt. Registrar, or any inspector, or auditor or valuer under this
Ordinance, shall, in the absence of any evidence to the
contrary, be received in evidence without proof of the
signature.

Iook-t to Ib 112. The business and affairs of societies and their
k'1. i,,. branches shall be conducted in the English language and all
books, forms, contribution cards, entries, accounts, certifi-
cates, or other documents relating thereto shall be written
and kept in the English language.

,otnus. 113. (1) A society or branch shall if its rules so provide
have power in general meeting to declare once in every year
a bonus payable in cash to its members.
(2) No bonus shall be payable except out of the
excess of revenue over expenditure for the year in respect
of which bonus shall be declarable of a society or branch
and no bonus shall carry interest against the society or
branch.


Ch. 38. No. 2.]




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