Full text: The law of friendly societies, and industrial and provident societies, with the acts, observations thereon, forms of rules etc., reports of leading cases at length, and a copious index

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.
	        
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