39 & 40 Vict. Cap. 45, s. 12.
165
(d.) Any contract, which if made between private per
sons would be by law valid, though made by
parol only and not reduced into writing, may be
made by parol on behalf of the society by any
person acting under the express or implied
authority of the society, and may in the same
manner be varied or discharged :
(e.) A signature purporting to be made by a person hold
ing any office in the society attached to a writing
whereby any contract purports to be made, varied,
or discharged by or on behalf of the society shall
primd facie be taken to be the signature of a per
son holding at the time when the signature was
made the office so stated :
And all contracts which may be or have been made, varied, or
discharged, according to the provisions herein contained, shall,
so far as concerns the form thereof, be effectual in law and
binding on the society and all other parties thereto, their
heirs, executors, or administrators, as the case may be (a).
12. Property and funds of societies.—With respect to the
property and funds of registered societies, the following
provisions shall have effect :
(1.) Holding of land.—A society may (if its rules do not
direct otherwise) hold, purchase, or take on lease in its own
name any land, and may sell, exchange, mortgage, lease, or
build upon the same (with power to alter and pull down
buildings and again rebuild), and ho purchaser, assignee,
mortgagee, or tenant shall be bound to inquire as to the
■authority for any such sale, exchange, mortgage, or lease by
the society, and the receipt of the society shall be a dis
charge for all moneys arising from or in connection with
such sale, exchange, mortgage, or lease (b).
(2.) Advances to members.—The rules may provide for the
advancing of money by the society to members on the
security of real or personal property (b).
(c) These provisions are adopted from the Companies Acts.
(b) These provisions are re-enacted, with amendments, from
ss -1, 2 of the Act of 1871 (34 & 35 Vict. c. 80). Similar provisions
are contained in the Friendly Societies Act, 1875, see p. 76, ante.