THE FRIENDLY SOCIETIES BILL, 1877.

New Zealand Times, Volume XXXII, Issue 5099, 27 July 1877, Page 5

THE FRIENDLY SOCIETIES BILL, 1877.

' In a community of which so many are members of friendly, societies a synopsis of the new Bill, to be introduced 4 this session by the Hon. Dr. Pollen, may not prove uninteresting. The short title of the Bill is “The Friendly Societies Act,” and it is to come into operation (except as regards certain sections, of-which we shall presently speak, are to be in force on’the passing of the Act) on the first of January, 1878. The, Act repeals the. Friendly Societies Act, 1867, and the Friendly Societies Act Amendment Act, 1875 ; but this is notto affect anything done under those Acts. Every society now existing whose rules. have been registered, or certified under any Act relating'to friendly societies, shall be deemed to be registered under this Act, and its ndes shall, so far as the same'are not contrary to any express provision of, this Act, continue in force until altered of rescinded. Section 50 of: the Act of 1867 is to continue in force, notwithstanding its repeal by this Act. with regard to any society whose rules! have been deposited under it, until such society’is registered under this Act, or until the 31st December, 1880, whichever shall first happen.

The following societies may be registered under this'Act Friendly societies established tb provide by voluntary subscriptions of the members thereof, with or without the, aid of donations—For the relief or maintenance of the members, their husbands, wives, children, fathers, mothers, 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; for 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, or, child of a member, or of the widow of a deceased member, or, as respects persons of the Jewish persuasion, for the payment of a sum of money, during the period of confined mourning; for 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; for the endowment of members or nominees of members at any age; for the insurance against fire to any amount not exceeding £3O of the tools or implements of the trade or calling of the members: Provided that no society (except as aforesaid) which contracts with any person for the assurance of an annuity exceeding £IOO per annum, or of a gross sum exceeding £4OO, shall be registered under this Act; cattle insurance societies; benevolent societies; working men's clubs; specially authorised societies, regarding which the Governor may limit the application of the Act. The Registrar is from time to time to prepare model forms of accounts, balance sheets, and valuations, and circulars of information, and cause them to be circulated for the use of societies, and also have tables prepared and published, which it is optional with any society to adopt. • He is also to report yearly to the General Assembly. Societies for registry must consist of at least seven persons. Identity or deceptive similarity of name is not to be allowed. Dividing societies may be registered. Societies granting annuities are to have their tables certified by an actuary. The rules must be submitted to the revising barrister, and if they are not in accordance with the Act he may object to them. The Registrar, on being satisfied that a society has complied with the provisions, is to issue an acknowledment of registry. If the Registrar refuses to register a society or its rules, an appeal may be had to the Supreme Court. Every acknowledgment of registry is to be published in the Gazette. The Registrar, in any case in which he might, with the approval of the Governor, cancel the registry of a society, may suspend the same, by writing, for any term not exceeding three months, and may, with the approval of the Governor, renew such suspension from time to time for the like period. Not less than two months’ notice in writing must be given previous to suspension or cancelling. A society suspended or cancelled may appeal. The name and place of office of any society, its objects, the mode of holding its meetings, voting, altering rules, and appointment of officers, shall be provided for in the rules. Amendments of rules must be regis-. "terecl, and be subject to revision by the revising barrister. A copy of the rules must be delivered on demand to every person on payment of net more than one shilling, and any person delivering untrue mles will be held guilty of a misdemeanor. Every society must have a registered office, must appoint trustees, and give notice to the Registrar; must have its accounts audited once every year and before the Ist .April; must send in annual returns within six months after the 31st December, 1877, and soagain, within six months after the expiration of every five years succeeding, every society must send to the Registrar a return (to be called the quinquennial return) of the sickness and mortality experienced by the society during the five years preceding the 31st December then last past; an abstract of which returns shall be laid before the General Assembly. (In certain cases , these quinquennial returns may be dispensed with.) Quinquennial valuations must also, be made by a valuer appointed by the society and approved by the Governor. Any valuer or person having an interest in the funds of the society may inspect the books. The

society must supply gratuitously of, the annual returns to every . member or, person interested in the funds.. A copy of the balance,sheet and quinquennial valuation, must, be, epu-, spicuously.exhibited at the office of the society. Certificates of death are to be, required before any sum of money, which becomes payable on such event, is paid. i . The following are enumerated as offences by societies, and their officers:—Wilfully, failing to, give any notice, send in any return or document, &c.. required by the Act. Wilfully neglecting ,or refusing to do anything required by the Registrar dr .other person authorised under the Act. . Making false returns, or furnishing false or insufficient information, , Registered societies are not to be affected by any provisions of the Acts of the 39th George 111., cap. >79, or 57th George 111., cap, 19. Corresponding Societies Acts, &c., are not to affect societies registered under this Act. Stamp duty is, not chargeable upon any of the following documents: —Power, warrant, or • letter of attorney, granted by, any person as ■trustee for the transfer of any money of the. society or registered branch invested .in his name in any debentures, bonds, or Treasury bills issued under any Act of the General Assembly ; order or receipt for money contributed to or received from the funds of the

society or registered branch by virtue of i rules or of this Act; bond given to or on a count of the society or registered branch, or 1 the treasurer or other officer thereof; draft i order, or form of policy, or appointment or r vocation of appointment of agent, or oth< document required or authorised by this Ac or by the rules of the society or registere branch., Customs duties shall not be ohargi able on regalia, emblems, certificates, an banners being the property, of any society ( registered branch. If any member of society, entitled from the funds to a sum n< exceeding £SO, dies intestate and wither having made any, nomination under this A( which remains, unrevolced at his death, sue sum shall be payable, without letters of adm nistration, to the ■ person who appears to majority of the trustees, upon such ev: dence as they may deem satisfactory to be entitled by law to receive th same. This payment is to be effeotiu against any demand made upon the society b any other persons. When the trustees ar absent, &c., the Registrar may order fundi &c., to be transferred. Societies may subscrib to hospitals. With respect to the property am funds of registered societies, the following pro visions shall have effect: —The trustees, witl the consent of the committee of managemen or of a majority of the members of a society may from time to time invest the funds o such society to any amount in the followinj ways In the Post Office Savings Bank, or ii such other bank or banks in the colony as th Governor may from time to time appoint ; ii any debentures, bonds, or Treasury bills issuei by or on behalf ef the General Government o the colony under the authority of any Act o the General Assembly ; in the purchase o land, or in the erection or alteration of office; or other buildings thereon ; upon any othei security expressly directed by the rules of th< society or registered branch, not being persona security, except as hereinafter authorised witl respect to loans. Nothing herein shall interfere with or restrict any special power ,01 authority given to friendly societies by any Act of , the General Assembly to invest the funds of such society or registered brand in any security by such Act authorised, A society, or any branch of a society, may (ii the rules thereof so provide) hold, purchase, oi take on lease in the names of the trustees for the time being, in every place where it has an office, any land, and may sell,. exchange, mortgage, lease, or build upon the same (with power to alter and pull down buildings and again rebuild), and no purchaser, assignee,,mortgagee, or tenant shall be bound to inquire as to the authority for. any sale, exchange, mortgage, or lease by the trustees, and the receipt of the trustees shall be a, discharge for all moneys arising from or in connection with such sale, exchange, mortgage, or lease;, and for the purpose of this section no branch of a registered societyi need be separately registered ; Provided that nothing herein contained shall authorise any , benevolent society to hold land exceeding one acre in extent at any one time. All property belonging to a society, whether acquired before or after the same is registered, shall vest in 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. The' treasurer of a society is to be deemed a servant of the trustees within the meaning of the Larceny Act, 1877. Trustees of a society or of a registerad branch are not liable to make good any deficiency in the 'funds of such society or registered branch, but are liable only for moneys actually received by them respectively on account of such society or registered branch. With respect to loans to members of registered societies, the following provisions shall have effect : —Not more than one-half of the -amount of an assurance on the life of a member of at least one full year’s standing may be advanced to him, on the written security of himself and two satisfactory sureties for repayment; and the amount advanced, with all interest thereon, may be deducted from the sum assured, without prejudice in the meantime to the operation of such security. A society may, out of any separate loan fund to be formed, by contributions or deposits of its members, make loans to its members on their personal security, with or without sureties, as. may be provided by the rules, subject to the following restrictions;— No loan can at any time be made out of moneys'contributed for the other purposes of the society. No , member shall be capable of holding any interest in the loan fund exceeding two hundred pounds. No society shall make any loan to a member on : personal security beyond the amount fixed by the rules, or shall make any loan which, together with any moneys for the time being owing by a member to the society, shall exceed £SO, No society shall hold at any one time on deposit from its members any moneys beyond the amount fixed by the rules, which shall not exceed two-thirds of the total sums for the time being owing to'the society by the members who have borrowed from the loan fund. Reeistered societies or branches may contribute to funds of other societies. A society may terminate or be dissolved in any of the following ways : Upon the happening of any; event declared by the rules to be the termination of the society. As respects all societies other than friendly societies, by the consent of three-fourths of the members, testified by their signatures to the instrument of dissolution. As respects friendly societies, by the consent of five-sixths 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 for the time being receiving or entitled to receive any relief, annuity; or other benefit from the funds of the society, unless the claim of such person be first duly satisfied, or adequate provision made for satisfying such claim, and in the case of a branch society with the consent of the society, or in accordance with the general rules, of the society. By the award of the Registrar in the. cases herein specified. The instrument of dissolution shall set forth—The liabilities andjassets of the society in detail. The number of the members and the nature of their interest in the society respectively. The claims of creditors (if any), and the provision to be made for their payment. The intended appropriation or division of the funds and property of the society, unless the same be stated in the instrument of dissolution, to be left to the award of the Registrar,

Militiamen and volunteers are not to lose benefits by reason o£ their enrolment or service. No member of a registered friendly society, nor any person claiming through a member, shall be entitled to receive more than four hundred pounds by way of gross sum, together with any bonuses or additions declared upon assurances not exceeding that amount, or (except as provided by section five of this Act) one hundred pounds a year by ,way. of annuity, from any one or more such societies ; and any such society may require a member,, or person olaimipg through a member, to make and sign a' statutory declaration that the total amount to which such member or person is entitled from one or more such such societies dees not exceed the sums afore*

said ; and; any person knowingly making a false, or fraudulent declaration; in: the, matter > shall be. guilty of a; misdemeanor. Provisions are made for payments on the death of children, and it is provided that no collector is to be a member of the committee of management. One general meeting: of the society is, to be held every year. . AU ’moneys payable by a member to the: society of registered branch are deemed to be a; debt; due from such member to the society or registered branch, and are recoverable - as such in any Court of competent- jurisdiction ;in the district in. which such member resides. The . Governor may from, time to time determine .a scale of fees;-to be paid, for matters to be transacted or for the inspection of documents under this Act ; but no fee shall be payable on the registry of any friendly, benevolent, or cattle insurance society, or working men’s club, or of any amendment of the rules of the same. ; ,All fees which’ may be received by any Registrar under or by virtue of this Act are to be paid into the Consolidated Revenue of the colony.