The law of friendly societies, and industrial and provident societies, with the acts, observations thereon, forms of rules etc., reports of leading cases at length, and a copious index

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Monograph

Identifikator:: 875232663

URN:: urn:nbn:de:zbw-retromon-2698

Document type:: Monograph

Title:: The law of friendly societies, and industrial and provident societies, with the acts, observations thereon, forms of rules etc., reports of leading cases at length, and a copious index

Place of publication:: with the acts, observations thereon, forms of rules etc., reports of leading cases at length, and a copious index$gTenth edition, revised and enlarged

Publisher:: Shaw and Sons

Year of publication:: 1881

Scope:: 1 Online-Ressource (XII, 303 Seiten)

Digitisation:: 2017

Collection:: Economics Books

Usage license:: Get license information via the feedback formular.

APPENDIX OP CASES. 197 B. Eote to Friendly Societies Act, 1875, s. 13; Indus trial and Provident Societies Act, 1876, s. 9. By this section it is provided that no amendment of a Tule shall he valid until it has been registered. This is in conformity with the law as previously declared. In Battey v. Townrow, 4 Camp. 5, it was held that an action could not be maintained by the trustees of a friendly ■society elected under new regulations agreed to by the members, but not confirmed according to the statute. Per Lord Ellenborough (Easter Term, 53 Geo. 3):—“The plaintiffs have no right to stand here, except by the Act of Parliament, and the Act of Parliament gives them no such right, unless they be lawfully elected to the office they fill; but it appears they were elected contrary to law. The section (33 Geo. 3, c. 54, s. 3) which permits an alteration of rules provides that such alteration shall be subject to the review of the justices, and shall have no force or effect until confirmed by them. I cannot look, therefore, at the rule altering the mode of electing the stewards. It is ad mitted that the plaintiffs were not elected according to the original rule; therefore they are not the legal trustees of the society for the time being, and the effects sought to be recovered never vested in them.” In Beg. v. Godolphin, 8 A. & E. 338, it appeared that cer tain alterations were made in the rules of a friendly society ■established under the 33 Geo. 3, c. 54. The altered rules, however, were never enrolled, and it was held that the rules as altered could not legally be acted upon ; and in giving judgment Lord Denman said it would be well if it were generally understood that these societies cannot depart Lom their established rules, or neglect to comply with the statute in the mode of altering or repealing them without •exposing their property to danger, and themselves to great expense, loss, and inconvenience. A doubt was also enter tained as to whether the original rules continued in force even for the purpose of holding the society legal under the statute, in consequence of the case of Ex parte Norrish, Jac. 162. In the case of Beg. v. Gotton, 15 Q. B. 569 ; 19 L. J. (n.s.) Q. B. 233, where the rules had been approved accord-

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