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. 215 Where the clerk of a friendly society embezzled rents collected by him in the capacity of cleric :—Held, that he might be stated to be the cleric to the trustees, to whom the house had been conveyed, whether appointed by them or by the society, and that it was no defence that the affairs of the society had not been conducted according to the statute : R. v. Miller, 2 Mood. 249. See also R. v. Proud, 31 L. J. M. 0. 71, and R. v. Murphy, 4 Cox C. C. 101. The treasurer of a society is an accountable officer, not a “ clerk or servant,” and cannot be indicted for embezzle ment : R. v. Tyree, 1 L. B. (C. 0.) 177. Trespass does not lie against a magistrate for anything done by him in the discharge of his duty, unless he be made acquainted with every fact necessary to enable him to determine when called on to act. Where, therefore, the treasurer of a benefit society brought such an action against a magistrate, for issuing a warrant of distress against him upon a previous order of two magistrates for the relief of a member, in pursuance of 33 Geo. 3, c. 54, s. 15 :—Held, that the action could not be maintained, it appearing on the face of the order that the treasurer made no defence, the defendant’s jurisdiction not having been questioned at the time, and the treasurer having neglected to present to his notice a rule of the society, which directed all disputes between its members to be referred to arbitration, and which rule was confirmed *by section 16 of the statute, whereby the award was made conclusive, without being subject to the control of the magistrate : Pike v. Garter, 10 Moore, 376. Barrett, app., Markham, resp., L. B. C. P. 405, 8th June, 1872.- 18 (£• 19 Viet. e. 63, s. 24. To render the treasurer °f a, friendly society liable to the penalties imposed by this section for withholding or misapplying moneys of the society which have come to his hands as treasurer, it must be shown that he has been guilty of some fraud or misrepresentation. Mere inability to pay the money to the trustees is not enough. Case stated by a police magistrate under 20 & 21 Viet, •c. 43. 1. The appellant is one of the trustees of a friendly society called the “ Prince of Wales Lodge, Order of Ancient Shepherds, Ashton Unity, South London District,” and the respondent was, until the 28th of October last, the treasurer ■°f that society. 2. The parties appeared before the magistrate at the Bamheth Police Court upon a complaint preferred by the

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