The Akaroa Mail. FRIDAY, MARCH 29.
According to promise, we return to the subject of Friendly Societies, and the latest legislation affecting them. As we before stated, any society may now be registered by simply forwarding a copy of its rales to the Registrar, who will thereupon refer them to the Revising Barrister, and if that officer finds nothing in them inconsistent with the Act and the laws in force in New Zealand, he certifies to that effect ; the Registrar will thereupon issue to such society an " acknowledgment of registry."
There is now only one Revising Barrister for the colony, and we notice m a late Gazette that H. S. Fitzherbert, Esq., of Wellington, has been appointed to that office. Formerly there was a Revising Barrister in each Province, a practice which had its inconveniences, as occasionally it was found that •' doctors differed," and that what was good law in Canterbury was bad in Otago. For intance, we heard ot one legal gentleman who objected to the rules of a certain society, because one of its objects was described to be to " cherish the memory of Ireland." What heinous crime the learned gentleman saw hidden under these words we are at a loss to imagine, but so it was. There will now be at any rate only one authority, and from his decision an appeal will lie.
As to the privileges of registered societies—l. They are exempt from the provisions of the Acts 39 Geo. 111. cap. 79, and 57 Geo. 111. cap. 19, which Acts are directed against secret meetings, and are very severe in their provisions.
2. A large number of documents, otherwise liable to stamp duty, are exempted from that liability, as powers of attorney, orders and receipts for money, bonds, and other documents required by the rules. Regalin, emblems &c, are also admitted free of customs duties.
3. Money may be paid to representatives of deceased members without will or letters of administration.
4. Certificates of birth or death may be procured at nominal fees.
There are numerous other privileges, but these, with the one we are about to mention, are the most important. The last we would call attention to is the provision contained in clause 15, sec. 9, which makes the officers of a registered society liable to he proceeded against criminally for niisappropiation of its funds. It may not be generally known, but it is nevertheless a fact, that, but for this provision, it would be exceedingly difficult, if not impossible, to obtain the conviction of an officer for any act of embezzlement, however glaring. In a case tried in Christchurch in 1875, it was contended on behalf of the accused, that, as he was a member of tbe society, and consequently a partner in its funds, he could not be convicted of stealing or embezzling them. The contention was sustained, and the case fell through. A short Act, introduced we believe by Mr Rolleston, was passed to meet this difficulty, but it stands repealed by the present Act. In our opinion therefore, all unregistered societies are without protection against the wrong-doing of their officers. But as the means of registration arc so simple no hardship or injus ice is involved.
Concurrently, with these privileges, registered societies incur certain obligations, though these are of such a nature, that probably any well regulated gociety would impose them on itself.
They are bound to have a registered office, to appoint trustees, to have their accounts audited, at least once a year, to send annual returns to the Registrar, to furnish quinquennial returns of sickness and mortality experienced, once in five years to have their assets and liabilities valued by some valuer to be approved by the Government; with some other minor provisions. We think we have said enough to show the importance and necessity of every society availing itself of the apportunity of registration offered by this Act, especially as no fee is chargeable for it. At some future time we may return to the general question pointed out in our former article, as to the position of these societies in general, in regard to rates of contribution and general management.
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Akaroa Mail and Banks Peninsula Advertiser, Volume 2, Issue 177, 29 March 1878, Page 2
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696The Akaroa Mail. FRIDAY, MARCH 29. Akaroa Mail and Banks Peninsula Advertiser, Volume 2, Issue 177, 29 March 1878, Page 2
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