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  misappropriation. ­

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  exercised ­
  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.