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FRIENDLY SOCIETIES ACT (NORTHERN IRELAND) 1970 - SECT 95

1964 c.21

95.(1) The trustees of a registered society or branch or any other officer
authorised by the rules of the society or branch may bring or defend or cause
to be brought or defended any action or other legal proceedings in any court
whatsoever touching or concerning any property, right or claim of the society
or branch and may sue and be sued in their proper names without other
descriptions than the titles of their office.

(2) In legal proceedings brought under this Act by a member or person claiming
through a member, a registered society or 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 branch within the jurisdiction of the
court in which the legal proceedings are brought, with the addition of words
indicating that the officer or person is being sued on behalf of the society
or branch.

(3) Legal proceedings shall not abate or be discontinued by the death,
resignation or removal from office of any officer, or by any act of any such
officer after the commencement of the proceedings.

(4) The summons, writ or other process to be issued to or against the officer
or other person sued on behalf of a registered society or branch shall be
sufficiently served by personally serving that officer or other person or by
leaving a true copy thereof at the registered office of the society or branch,
or at any place of business of the society or branch within the jurisdiction
of the court in which the proceedings are brought or if that office or place
of business is closed during normal office hours, by posting the copy on the
outer door of that office or place of business.

(5) In all cases where the said summons, writ or other process is not served
in accordance with subsection (4), a copy thereof shall be sent by registered
post or the recorded delivery service addressed to the committee at the
registered office of the society or branch and posted at least six days before
any further step is taken on the proceedings.

(6) Where proceedings are taken against a society or branch for the recovery
of any fine under this Act or any regulations made thereunder, the summons or
other process shall be sufficiently served by leaving a true copy thereof at
the registered office of the society or branch or at any place of business of
that society or branch within the jurisdiction of the court in which the
proceedings are brought, or if that office or place of business is closed
during normal office hours, by posting the copy on the outer door of that
office or place of business.

(7) Where the person against whom the proceedings are to be taken is himself a
trustee of a society or branch, the proceedings may be brought by the other
trustees of the society or branch.

Continuing offences.



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© 1970 Crown Copyright

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