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The Pamphlet Collection of Sir Robert Stout: Volume 45

Legal proceedings

Legal proceedings.

19. With respect to legal proceedings against registered societies, the following provisions shall have effect:— page 28
(1.)The trustees of any society or branch, or any other officers authorised by the rules thereof, may bring or defend, or cause to be brought or defended, any action, suit, or other legal proceeding in any court whatsoever, touching or concerning any property, right, or claim of the society or branch, as the case may be, and shall sue and be sued, implead and be impleaded, in their proper names, without-other description than the title of their office.
(2.)In legal proceedings which may be brought under this Act by a member or person claiming through a member, the society or registered branch may also be sued in the name, as defendant, of any officer or person who receives contributions or issues policies on behalf of the society or registered branch within the jurisdiction of the Court in which the legal proceeding is brought, with the addition of the words "on behalf of the society" or "regis-tered branch of the society" [naming the same].
(3.)No legal proceeding shall abate or be discontinued by the death, resignation, or removal from office of any officer, or by any act of such officer after the commencement of the proceedings.
(4.)The summons, writ, process, or other proceeding to be issued to or against the officer or other person sued on behalf of a society or registered branch shall be sufficiently served by personally serving such officer or other person, or by leaving a true copy thereof at the registered office of the society or registered branch, or at any place of business of the society or registered branch within the jurisdiction of the Court in which the proceeding is brought, or, if such office or place of business be closed, by posting such copy on the outer door of the same; but in all cases where the said summons, writ, process, or other proceeding shall not be served by means of such personal service or by leaving a true copy thereof at the registered office of the society or registered branch, a copy thereof shall be transmitted addressed to the committee of management at the registerd office of the society or registered branch, and the same shall be enclosed in a registered letter posted at least six days before any further step shall be taken on such summons, writ, process, or other proceeding.