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Notes to be made payable to treasurer or secretary for the time being.
Recovery of loans before justices.
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30. All notes and securities entered into for the payment of such loans shall be made payable to the treasurer or secretary for the time being of the said society; and if the party or parties liable to pay the same shall fail in the payment thereof, or of any of the instalments as agreed to by the terms or conditions of the loan, according to the rules of the society, it shall and may be lawful for any one of her Majesty’s justices of the peace having jurisdiction in the county, riding, city, division, or place where such party or parties or any one of them so liable shall or may happen to be or reside, or where the office of such society is situated, and such justice is hereby required, upon complaint made by or on behalf of such treasurer or secretary as aforesaid, to summon the person or persons against whom such complaint shall be made, whether he or they do or do not reside within the jurisdiction of such justice, to appear either before himself or the justices assembled at the petty sessions, either of the district in which such loan office is situate, or of the district wherein the party or any of the parties so summoned reside; and after his, her, or their appearance, or, in default thereof, upon due proof upon oath of such summons having been duly served or left at the ordinary residence of such person, such justice or justices shall proceed to hear and determine the said complaint, and award such sum to be paid by the person or persons respectively liable to the payment of any such note or security to such treasurer or secretary as aforesaid as shall appear to such justice or justices to be due thereon, provided such note or security shall be in the form and on the paper issued by the said loan fund board as aforesaid, but not otherwise, and including all such fines as shall have been incurred under the rules of such society in respect of such note or security, together with such a sum for costs, not exceeding the sum of two shillings, as to such justice or justices shall seem meet; and if any person or persons shall refuse or neglect to pay or satisfy such sum of money as upon such complaint as aforesaid shall be adjudged such justice or justices shall, by warrant under his or their hand and seal or hands and seals, cause the same to be levied by distress and sale of the goods of the person or persons so neglecting or refusing as aforesaid, together with all costs and charges attending such distress and sale, and returning the overplus (if any) to the owner; and no such proceedings shall be removed by certiorari or otherwise into any of her Majesty’s superior courts of record.
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