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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.202 APPENDIX OF CASES. the money to be invested in the names of the trustees : how could their mere appointment give them what is in other hands 2 Then, as to the new rule 12, the treasurer is to invest, if the sum in his hands exceed £50. Till the invest ment, therefore, the money must he in his hands. The provisions of 10 Geo. 4, c. 56, do not interfere with this view. According to them the money is to be in the hands of a single person, called indifferently treasurer or trustee. The essence of the provision is, that the person who is really treasurer has the custody of the money. Then reliance is placed on 13 & 14 Yict. c. 115, but the new rules would supersede the provisions there—though, indeed, I think that sect. 13, compared with sect. 12, gives the trea surer the custody of the money till it is invested. Wightman, J., and Erle, J., were of the same opinion. Rule discharge! 1 - With regard to the effect of these cases, it is to be borne in mind that by the present Acts, an acknowledgment of registry is conclusive evidence that the society is registered, unless it be proved that the registry has been suspended or cancelled, and so also an acknowledgment of registry of an amendment of rule in conclusive evidence that such amend ment is duly registered. C. Note to Friendly Societies Act, 1875, s. 14. By this section every registered society is required to> appoint trustees, and send to the registrar a copy of the resolution of appointment. To this it would seem the principle ot the following case is applicable :— Beckett v. Willett, 5 W. R. 622.—Where trustees of a friendly society, established under 13 d- 14 Viet. c. 115, ivere appointed after 18 <£- 19 Viet. c. 63, had become law, held, that it was not necessary to send to the registrar the resolution appointing the trustees, and that such trustees viere liable to be sued for the debts of the society incurred before their ap- pointment. This was an action upon a printer’s bill brought against the defendants as trustees of a friendly society duly regis tered and certified May 28, 1855, when 13 & 14 Yict. c. 115, was law. No trustees were appointed until March4,1856,

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