PROSECUTION.
303
p 2
Authority by Central Office.
Upon a declaration of
a member of the
that, as he believes he shall be able to prove,
has
and that the said society, the trustees, and committee of
management thereof will not make or authorize to be made
any complaint in respect of such alleged fraud or mis
appropriation.
The Central Office hereby authorizes the said
at his own risk and cost, to make complaint in respect
thereof, pursuant to 38 & 39 Viet. c. 60, s. 16 (9).
Given under the Seal of the Central Office this
day of 18
NOTE.
“ It has appeared to the Central Office that by the true
construction of the enactment above quoted, its power to
authorize prosecutions by members should only be exer
cised where the society and its trustees or committee of
management decline to take proceedings ; but that where
this is the case, and malpractices within the terms of the
section are alleged to have taken place, the authority should
issue almost as a matter of course, since the Central Office
has no means at its disposal for investigating the allegations
made to it. Upon a statutory declaration, therefore, made
by a member to the above effect (which would subject the
person making it to prosecution, if false), it will give such
an authority ; implying no opinion upon the merits of the
case, but simply that the person complaining has a locus
standi for the purposes of prosecution at his own risk and
costs.”—Report of Chief Registrar for 1876, page 26. The
forms apply, with slight modification, to proceedings under
section 12 (10) of the Industrial and Provident Societies
Act, 1876.