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 acknow
ledgment 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 Scot
land exclusively, the assistant registrar for Ireland or Scot
land 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 acknowledg
ment 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 pro
vided by s. 3 of the Act of 1876.