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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Al’PENDIX OP CASES. 201 Erle, J. (after reviewing all the enactments at length).— The words of the section, (a) the purview of the statute, the provisions of other statutes in pari materid, and expediency, lead me to the conclusion that the certificate of the barrister hoes not create a rule or amendment, but fixes the time when it becomes operative, and that the defendant is entitled to succeed. Watson and Rew.—The defendant is still entitled to keep the money until his successor is appointed. No good suc cessor to him has been appointed under the new rules. Atherton and Cowling, contra.—The 12th rule of the society refers to 13 & 14 Viet. c. 115, ss. 12, 13, and intro duces so much of them as relates to the funds of the society. The treasurer, therefore, is a mere banker of the society ; and the trustees, though not entitled to keep the money, have that legal interest in it which entitles them to sue and maintain the action. Lord Campbell, C. J. —I think the nonsuit ought to stand, the plaintiffs having made out no right to sue. We must now assume that the new rules are binding ; but they have not been pursued. Instead of making one of the three trustees a treasurer, three trustees are appointed, and a fourth person is made treasurer. Supposing the election of trustees to be good, what right have they to claim the money 2 The learned counsel reverted to the Acts of parliament, but they are superseded by the new rules in this respect. And under 13 & 14 Viet. c. 115, money does not, before it is invested, vest in trustees of whom no one is treasurer (b). Coleridge, J.—I am of the same opinion. The plaintiffs were, I think, well appointed trustees ; till then the money Was clearly in the treasurer. Then, how does it come to the trustees ? One suggestion rather surprised me—-that the sim ple election of the trustees gave them the funds of the society. In all the Friendly Societies Acts you find clauses directing (a) The arguments of the learned judge are not applicable to the provisions of the Act of 1875. (5) Under sect. 16, (3) of the Friendly Societies Act, 1.875, however, all property of a society vests in its trustees, who have the right under sect. 20 to call upon every officer to render an account and to pay over all moneys to such person as they appoint.

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