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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APPENDIX OF CASES. 203 when by a resolution of the society, the three defendants were appointed trustees. At that time the 18 & 19 Viet, c. 63, repealing 13 & 14 Viet. c. 115, had become law, and no notice of the resolution was given to the registrar of friendly societies. At the trial it was argued for the defen dants, that by the society’s rules, and 13 & 14 Viet. c. 115, s. 13, the resolutions appointing the trustees ought to have been transmitted to the registrar to make the appointment valid, and this not having been done, this action would not lie; and moreover as to £44, part of the claim, the defendants could not be liable, because it was for expenses incurred before their appointment; the plaintiff had a ver dict, leave being reserved to move for a nonsuit. A rule nisi having been obtained. Atherton, Q. 0., and Day, showed cause. Hawkins and Lewis, contra. Lord Campbell, C. J.—At the trial I considered the only serious objection to be, that no notice of appointment of trustess had been transmitted to the registrar, but that difficulty is now got over; 13 & 14 Viet, was repealed before the appointment, and 18 & 19 Viet, confers the power of appointing trustees without the condition of send ing the resolutions to the registrar. I think, therefore, that these defendants were duly appointed trustees, and are liable to be sued for the whole debt. Wightman, Erle, and Crompton, J.J., concurred. Eule discharged. It is to be borne in mind, however, that the society, neglecting to send a copy of a resolution appointing a trustee to the registrar, commits an offence under the Act, and that sect. 16 (10) exempts the trustees from personal liability. D. Note to Friendly Societies Act, 1875, Section 15, Sub-section 2. By this, section societies registered under the Friendly Societies Acts (except indeed specially authorized societies* as regards which the Treasury usually limit the application of the Acts so as not to include this privilege) are entitled, to certain exemptions from stamp duty. The documents; exempted are more clearly set forth than in previous. Acts;,

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