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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200 APPENDIX OP CASES. vested the money in a trustee not being treasurer. It ivas agreed that the defendant should be allowed to raise this point upon showing cause against the rule to be moved for. In Michaelmas term, 1853, Atherton obtained a rule for setting aside the nonsuit and entering a verdict for plaintiff. Against the rule cause was shown by Watson, Q. C., and Row ; Atherton and Cowling, contra. Lord Campbell, C. J.—My brothersCoLERiDGEand Wight- jian concur in the opinion which I am about to pronounce ; my brother Erle differs from us. During the argument I entertained considerable doubt respecting the point on which the rule was granted, but, after looking into the statutes on which it depends, I think that the objection taken to the plaintiffs’ right to sue was not open to defen dant, the 4 & 5 Will. 4, c. 40, s. 4, having enacted that all rules, alterations, and amendments thereof, from the time when the same shall be certified by the said barrister to whom they were submitted, shall be binding on the several members and officers of the said society and all other persons having interest therein. The intention of the legislature seems to have been to give the like effect to the certificate of the barrister under 4 & 5 Will. 4, c. 40, s. 4, as was given to the confirmation by the sessions under 10 Geo. 4, c. 56, s. 8. I cannot doubt that when rules had been so confirmed and made binding, a member could not have questioned the regularity of the manner in which they were made. Under 4 & 5 WilL 4, c. 40, s. 3, a new process for confirming the rules is given, but the object still was to make them bind ing. If, notwithstanding the precaution taken, any rule has been certified by the barrister which was not regularly made, a remedy would be open to a member who disap proves of it by moving its repeal or modification, and if there be a majority of the society who agree with him, the wrong would be redressed. The defendant’s counsel admit that the certified rule is primd facie valid ; but great mischief might arise if this were only a presumption to be rebutted, as then in every case where a rule is to be enforced evi dence might, without notice, be given of some alleged irregularity in making it. I cannot doubt that it would be for the general benefit of the friendly society that the rules, when certified, should be considered binding till repealed or altered ; and the language used by the legis lature seems to me fairly to bear this construction. I therefore think that the nonsuit cannot be supported on this ground.

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