•168

39  &  40  Vict.  Cap.  45,  s.  13.

(10.)  Punishment  of  fraud  or  misappropriation.—If  any
person  obtains  possession  by  false  representation  or  imposition ­
  of  any  property  of  a  society,  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  authorized
by  this  Act,  he  shall,  on  the  complaint  of  the  society,  or  of  any
member  authorized  by  the  society,  or  the  committee  thereof,
■or  by  the  central  office,  or  of  the  chief  registrar,  or  any
assistant  registrar  by  his  authority,  be  liable  on  summary
conviction  to  a  penalty  not  exceeding  twenty  pounds,  with
costs  not  exceeding  twenty  shillings,  and  to  be  ordered  to
deliver  up  all  such  property  or  to  repay  all  moneys  applied
improperly,  and  in  default  of  such  delivery  or  repayment,
or  of  the  payment  of  such  penalty  and  costs  aforesaid,  to  be
imprisoned  with  or  without  hard  labour,  for  any  time  not
■exceeding  three  months;  but  nothing  herein  contained
shall  prevent  an3 r  such  person  from  being  proceeded  against
by  way  of  indictment,  if  not  previously  convicted  of  the
same  offence  under  the  provisions  of  this  Act  (a).
13.  Officers  in  receipt  or  charge  of  money.—With  respect  to
■officers  of  registered  societies  having  receipt  or  charge  of
money,  the  following  provisions  shall  have  effect:
(1.)  Security  to  he  given.—Every  officer,  if  the  rules  of
the  society  require,  shall,  before  taking  upon  himself  the
•execution  of  his  office,  become  bound,  either  with  or  without ­
  a  surety  as  the  committee  require,  in  a  bond  according
to  one  of  the  forms  set  forth  in  the  third  schedule  to  this
Act,  or  such  other  form  as  the  committee  of  the  society
approve,  or  give  the  security  of  a  guarantee  society,  in  such
sum  as  the  committee  directs,  conditioned  for  his  rendering
■a  just  and  true  account  of  all  moneys  received  and  paid  by
him  on  account  of  the  society  at  such  times  as  its  rules
appoint,  or  as  the  society  or  the  committee  thereof  require

(a)  The  provisions  of  this  section  are  similar  to  those  of
sect.  16  of  the  Friendly  Societies  Act,  1875.  See  p.  75,  ante,
and  see  note  G.,  Appendix.