APPENDIX OP CASES.
223
plaintiff, and the society, by such of the persons authorized
by sect. 21 of the said Act (c) to be sued on behalf of the
society as the plaintiff shall elect to sue, shall be defendant.
5. Summons.—The summons, or the particulars annexed
thereto, shall state correctly the nature of the dispute referred,
and the relief which the plaintiff claims.
Order XXXVIII.
Application of preceding Orders.
Application of rules of procedure.—The rules of procedure
contained in the preceding orders shall apply to proceedings
under the. . . “Friendly Societies Act, 1875,” except
where Order . . . XXXV provide (s) any other or inconsistent
mode of procedure.
Order XXXIX.
The Companies Acts, 1862 and 1867, The Industrial and
Provident Societies Act, 1862 (d), and the Building
Societies Act, 1874 (25 & 26 Viet. cc. 86 (e), 89 ;
30 A 31 Viet. c. 131, s. 44 (/) ; 37 A 38 Viet c. 42,
s. 32).
The general orders, rules, and forms of the Chancery
Division of the High Court of Justice, regulating for the
time being the mode of proceeding under “ The Companies
Acts, 1862 and 1867,” shall be the orders, rules, and forms
in all proceedings in the county courts for the winding up
of (g) a society registered under “ The Industrial and Provident
Societies -Act, 1862” (d), “ The Building Societies
Apt, 1874,” or for the winding up of (g) a company under
“ The Companies Acts, 1862 and 1867,” so far as the same
are applicable : Provided that where it shall appear to the
court inconvenient that the Bank of England should be
the bank used for the purposes mentioned in the order and
rules, it shall be competent for the court to name some bank
to be used in lieu of the Bank of England.
(/) Now 39 & 40 Vict.Jc.45,'
s. 20.
(g) Sic.
(e) See p. 84.
(d) Now 1876.
(e) Qu. 87.
