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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198 APPENDIX OF CASES. ing to the 33 Geo. 3, c. 54, and alterations made therein but not properly enrolled, and it was contended that the original rules were no longer in existence, the court held otherwise, and in giving judgment, said:—“The society rvas duly enrolled; how has it ceased to be so? Alterations have been made from time to time, but not properly; and that being so, the society must still be considered a friendly society within the 33 Geo. 3, c. 54. This case is very dif ferent from II. v. Godolphin, there the rules were regularly altered, and a new set adopted. It is too much to say that from the time the new rules were improperly made the society ceased to be; if that is not so, it subsisted under the rules which were enrolled; the objection to the new rules may be got rid of by having them enrolled. The question of agreement is met by the fact that the rules of the society could only be altered by certain proceedings which were- ineffectually taken.” In Meredith v. Whittingliam, 1 0. B. (n.s.) 216, where a society had enrolled its rules under the 10 Geo. 4, c. 56, and shortly afterwards had framed new rules, which were never enrolled or certified, it was held that the society was- a subsisting society under the original rules, by virtue of 18 & 19 Viet. c. 63, s. 2 [to which sect. 6 of the Friendly Societies Act, 1875, is similar]. Dewhurst and others v. Clarkson, 3 E. & B. 194.—Where an amendment of the rules of a friendly society had received, the barristers certificate, under 4 it 5 Will. 4, c. 40, s. 4,. such amendment was valid, though there had been no resolu tion of the society in compliance with 10 Geo. 4, c. 56, s. 9, or with the rules of the society incorporating that section.— Per Lord Campbell, Coleridge, and Wightman, JJ.; dis- sentiente, Erle, J. The rules of a society directed that three trustees should, be appointed, of whom one should be the treasurer, in whose name the funds of the society should be invested, and that the treasurer should invest the unappro priated stock exceeding £50 as the board, of management should direct, pursuant to 13 ct 14 Viet. c. 115. Three trustees rcere elected, but a fourth person ivas elected trea surer :—Held, that the three trustees could not sue a former treasurer for the balance in his hands under these rules, and that they had no title to do so under 10 Geo. 4, c. 56, or 13 cfc 14 Viet. c. 115, ivhich were prior to the rules talcing' effect. On the trial of this action, which was for money had and

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