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 OP CASES. 213 moneys, &c., were tlie property of tlie society previously to its registry. In Ex parte Gordon, 15 J. P. 767, a rule nisi for a certiorari was moved for, to bring up a con viction of Mr. Alderman Carrol, made under 13 & 14 Viet. c. 115, s. 26, by which Gordon was ordered to pay over to certain persons named therein the sum of ill ,014 5s. 6d. The certiorari was taken away, and this rule could not therefore be granted, unless "there was entire want of jurisdiction ; but it was submitted that there was a want of jurisdiction, both as to the facts and upon the face of the conviction itself. First, as to the facts :—In and before 1848, Gordon had been the treasurer of a certain society of Foresters ; in that year there was a division in the society, which was in consequence split into two. Gordon remained with the larger division, and con tinued to act as treasurer to such division. At the time of the division, Gordon held, as treasurer to the entire societ}-,. a considerable sum of money. He continued to hold this money after the division, and permitted the society, of which he remained a member, to enjoy the proceeds of it - r but he considered that he still held it as a trustee for the entire society. In December, 1850, the said larger division of the original society was duly registered, and Mr. Aider- man Carrol had convicted Mr. Gordon of withholding this money from such registered society, and had ordered him to pay over to certain officers of the society the sum of ,£1,014 5s. 6d., being double the sum so alleged to have been withheld. It was now submitted that the magistrate acted without jurisdiction, as the money withheld was clearly the money of the original entire society, and not of the divided society. And secondly, that the conviction was bad for ward; of jurisdiction on the face of it, as it did not show, as required by the 26th section of the Act, that it was- made on the complaint of any officer of the society appointed lor that purpose, but simply that it was made on the com plaint of certain officers of the society. The court held that on the first point there would be no rule, as the magistrate had jurisdiction over the subject-matter, and the facts were for his determination, but granted a rule on tire other point.. Where, however, an unregistered society had dissolved, and a portion of its members formed themselves into a registered society, it was held that the justices had no jurisdiction under this section against an officer of the original society who did not join the new society, and retained in his possession the papers of the original society Patrick v. Gilbert, 34 J. P. 597. The summary power given by this section does not pre

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