61

38  &  39  Vict.  Cap.  60,  s.  12.
(id.)  Either  division  of  the  Inner  House  of  the  Court  of
Session,  the  Court  of  Queen’s  Bench  at  Dublin,
and  the  judges  of  the  Court  of  Queen’s  Bench  in
England  respectively,  may  make  rules  or  orders
as  to  the  form  of  appeals  and  the  trying  thereof
and  otherwise  relating  thereto  (<Z).
(9.)  If  refusal  overruled,  acknowledgment  of  registry  to  be
given.—If  the  refusal  of  registry  be  overruled  on  appeal,
an  acknowledgment  of  registry  shall  thereupon  be  given  to
the  society  by  the  registrar  (d).
(10.)  Effect  of  acknowledgment  of  registry.—The  acknowledgment ­
  of  registry  shall  be  conclusive  evidence  that  the
society  therein  mentioned  is  duly  registered,  unless  it  be
proved  that  the  registry  of  the  society  has  been  suspended
or  cancelled  (d).
12.  Cancelling  and  suspension  of  registry.—With  respect
to  the  cancelling  or  suspension  of  registry  the  following
provisions  shall  have  effect  :—
(1.)  Cancelling.—The  chief  registrar,  or  in  the  case  of
societies  registered  and  doing  business  in  Ireland  or  Scotland ­
  exclusively,  the  assistant  registrar  for  Ireland  or  Scotland ­
  respectively,  may  cancel  the  registry  of  a  society  by
writing  under  his  hand—
(a.)  If  he  thinks  fit,  at  the  request  of  a  society,  to  be
evidenced  in  such  manner  as  he  shall  from  time
to  time  direct  (e)  :

(d)  These  provisions  are  new.  Under  the  previous  law,  in
the  case  of  Hodges  v.  Wale,  2  W.  It.  65,  Wood,  Y.-C.,  held
that  the  registrar’s  certificate  was  conclusive  as  to  the  purposes
declared  in  the  rules  of  a  society  being  such  as  to  entitle  it  to
the  benefit  of  the  Act;  but  in  R.  v.  Davis,  14  \V.  It.  329;  1
Weekly  Notes,  25,  it  was  held  that  evidence  might  be  admitted
to  show  that  a  society  having  certified  rules  was  so  carried  on
as  not  to  be,  in  fact,  a  society  for  the  purposes  authorized  by  the
Act.  It  would  seem  that,  under  this  section,  the  acknowledgment ­
  is  absolutely  conclusive,  until  cancelled  under  sect.  12.
( e )  Where  the  cancelling  is  for  the  purpose  of  re-registering
the  society  as  a  branch  of  an  order,  a  simpler  procedure  is  provided ­
  by  s.  3  of  the  Act  of  1876.