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

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218 APPENDIX OP CASES. s, 27 ; held on motion for a mandamus to the judge of one of the county courts, to proceed and hear a plaint levied hy one of the members against an officer of the society, that the section of the Act and the rules providing for a cheap, simple, and speedy decision, ousted the jurisdiction of the ordinary courts. In 1Reeves v. White, 16 J. P. 118 ; 17 Q. B. 995, the court held that the summary remedy provided by the statute for the settlement of disputes by arbitration is conclusive, and ousts the jurisdiction of the superior courts. Per Lord Campbell, C. J., “Where there may be, there must be, a reference to the arbitrators.” In Armitage v. Walker, 2 Kay & J. 211, upon the con struction of the arbitration clause in the Benefit Building Societies Act of 1836, Wood, Y.C., held that neither a court of law nor equity had jurisdiction to alter the award of arbitrators or justices unless there was error upon the face of it, or it was shown to have been corruptly obtained. He said :—“ The legislature intended carefully to provide that these societies should not be dragged before courts of law or equity, if it could possibly be avoided, and has taken care to enact that the 'whole discussion of their affairs shall be disposed of in a cheap and summary manner by the decision of an arbitrator or justice as the parties .shall choose, and when they have once made their election, the power of the justice or of the arbitrator acting always within the rules of the society is complete, and is not sub ject to revision by any court of law or equity. That is the primary matter to which attention must be drawn, and it is necessary to be extremely careful that the jurisdiction of this court shall not be set up to control the arbitrators so selected, except upon a very clear and distinct case being made out of their abuse of their office.” See also Ex parte Long, 3 W. It. 18, and 11. v. Evans, 3 E. & B. 363. Where, however, the rules directed that the arbitrators should hear evidence on both sides, and their decision, binding on all parties, shall be final, and the arbitrators refused to hear the evidence of one side, it was held that their award was not made according to the rules, and there fore was not an award final and binding within 10 Geo. 4, •c. 56, s. 27. Per Lord Denman, C. J., in B. v. Grant, 14 Q. B. 43. In Trott v. Hughes, 16 L. T. 260, a bill was filed on behalf of some of the members of the “ Second Borough of .Southwark Benefit Building and Investment Association,”

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