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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Document type:: Monograph

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Title:: Part II. Friendly societies not registered

Collection:: Economics Books

FRIENDLY SOCIETIES NOT REGISTERED. 139 Where a bill had been filed against the trustees of an unregistered society to compel them to restore a portion of its funds, which had been divided among the members in pursuance of a vote of the majority, Lord Eldon said, “ The society can be considered in this court only as a partnership, and neither has nor can have a corporate character. The plaintiffs, suing on behalf of themselves and all the other members, have no right to come upon the defendants (the trustees) without bringing in the other forty-seven members (who had shared in the division) Beaumont v. Meredith, 3 Y. & B. 180. So, at common law, such a society had no corporate existence; but in a case where the treasurer of a society sued upon a bond, given to him as such, which was a good bond at common law to him as an individual, it ivas held that he was entitled to recover : Jones v. IVoollam 5 B. & Aid. 769. So again, in criminal proceedings, until recently a member of such a society could not be prosecuted for embezzling its funds, being himself a partner; but this is partnership one member can bind the rest; in a club or voluntary society, not for trading purposes, which by its rules does not contemplate the incurring debt, the committee cannot pledge the credit of the other members : Flemyng v. Hector, 2 M. & W. W2; Todd v. Truly, 7 M. & W. 427; lie St. James’s Club, 16 •lur. 1075. It is presumed that, in general, this rule would apply a friendly society. (See, however, Cockerell v. Aucompte, 2 B. (n.s.) 440.) In a registered friendly society, as it is i oE lesa ly provided by section 8 of the Friendly Societies Act, 1875, that the contributions of members are voluntary, no lia- oihty can attach to the members. The case of a mutual life Assurance society has been recently considered by the courts; 111 Be the Albion Life Assurance Society the members insured Y e f e . m accordance with the established practice under former Acts (see 7 & 8 Viet. c. 110; Stevens v. Security Mutual Assur ance, 28 L. T. 250), placed on the list of contributories by Fry, • (L. R., 12 Ch. Div. 239); but in a more recent case in the Court ot Appeal (Re the• Great Britain Mutual Life Assurance Society), Was remarked by James, L. J.: “ In my judgment an associa tion of this kind is incapable of contracting any debt or liability 9k \^ eVer ‘ It is a mere benefit society” (Law Rep. 16 Ch. Div.

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