Page:Public General Statutes 1896.djvu/315

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1896.

Friendly Societies Act, 1896.

Ch. 25.

295

(b) from the chief registrar, in cases not relating exclusively either to Scotland or to Ireland, to the High Court in England.

Dissolution of societies.78.—(1.) Subject to the provision of this Act as to the dissolution of societies with branches, a registered society or branch 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 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 receiving or entitled to receive any relief, annuity, or other benefit from the funds of the society or branch, unless the claim of that person is first duly satisfied, or adequate provision made for satisfying that claim, and^ in the case of a branch, with the consent of the central body of the society, or in accordance with the general rules of the society; or

{d) by the award of the chief registrar or assistant registrars in the cases specified in this Act.

(2 ) The provisions of this Act as to the method of calculating the value of members and the remedy of members and persons dissatisfied with the provisions made for satisfying their claims in the case of the amalgamation or transfer of engagements of a registered friendly society shall apply to the dissolution of a registered friendly society or branch.

Instrument of dissolution.79. When a registered society or branch is terminated by an instrument of dissolution:—

(1) The instrument shall set forth —

(a) the liabilities and assets of the society or branch in detail; and

(b) the number of members and the nature of their interests in the society or branch; and

(c) the claims of creditors (if any), and the provision to be made for their payment; and

(d) the intended appropriation or division of the funds and property of the society or branch, unless the appropriation or division is stated in the instrument of dissolution to be left to the award of the chief registrar.

(2.) Alterations in the instrument of dissolution may be made with the like consents as are in this Act required for the dissolution of a society or branch, testified in the same manner.

(3.) A statutory declaration shall be made by one of the trustees, or by three members and the secretary of the society or branch, that the provisions of this Act have been complied