s.31Rules to direct how disputes to be settled
31
Section 31Part 0 —

Rules to direct how disputes to be settled

←→ Navigate  ·  Click subsection badges to collapse  ·  Press ? for help

Provision shall be made by the rules of every society to be certified as required by this Law, specifying whether a reference of every matter in dispute between any such society, or any person acting under them, and any individual member thereof, or person claiming on account of any member, shall be made to such Justices as may act in and for the district in which such society may be formed or to arbitrators to be appointed in manner hereinafter directed, and if the matter so in dispute shall be referred to arbitration, certain arbitrators shall be named, and elected at the first meeting of such society or general committee thereof that shall be held after the enrolment of its rules, none of the said arbitrators being beneficially interested directly or indirectly in the funds of the society, of whom a certain number, not less than three, shall be chosen by ballot in each such case of dispute, the number of the arbitrators and mode of ballot being determined by the rules of each society respectively; and the names of such arbitrators shall be duly entered in the book of the said society in which rules are entered; and in case of the death, refusal or neglect of any or all of the arbitrators to act, it shall be lawful for the society, or general committee thereof, and they are hereby required, at their next meeting, to name and elect one or more arbitrator or arbitrators, to act in the place of the said arbitrator or arbitrators so dying, refusing or neglecting to act; and whatever award shall be made by the said arbitrators, or the major part of them, according to the rules of such society, shall be in Form “B” in the First Schedule, and is binding and conclusive on all parties, and final to all intents and purposes, without appeal or being subject to the control of one or more Justices; and shall not be removed or removable into any Court of law, or restrained or restrainable by the injunction of any Court of equity, and should either of the parties in dispute refuse or neglect to comply with or conform to the decision of the arbitrators, or the major part of them a Justice, upon good and sufficient proof being adduced before him of such award having been made, and of the refusal of the party to comply therewith, upon complaint made by or on behalf of the party aggrieved, may summon the person against whom such complaint is made to appear at a time and place named in such summons; and upon his appearance, or in default thereof, upon due proof upon oath of the service of such summons, any two Justices may make such order thereupon as to them may seem just; and if the sum of money so awarded, together with the sum for costs, not exceeding one dollar, as to such Justices shall seem fit, is not immediately paid, then such Justices shall by warrant under their hands and seals, cause such sum and costs to be levied by distress, or by distress and sale of the moneys, goods, chattels, securities and effects belonging to the said party or society, or other legal proceedings, together with all further costs and charges attending such distress and sale, or other legal proceedings, returning the surplus, if any, to the said party or society, or to one of the treasurers or trustees thereof; and, in default of such distress being found, or such legal proceeding being ineffectual, then to be levied by distress and sale of the proper goods of the party, or of the officer of the society so neglecting or refusing, or by other legal proceedings, together with such further costs and charges, returning the surplus, if any, to the owner:
Provided that whatever sums are paid by any officer so levied on his property or goods in pursuance of the award of arbitrators or order of any Justices, shall be repaid, with all damages to him, by and out of the moneys belonging to such society, or out of the first moneys which are thereafter received by such society.

Cross References