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. 217 the end of section 24, “ If any officer having any moneys, securities, &e., of the society in his possession, shall with hold or misapply the same.” That clearly means a with holding or misapplying under circumstances importing misconduct. And this is confirmed by the proviso at the end of the section : “ Provided that nothing herein con tained shall prevent the said society from proceeding by indictment against the said party ; provided also, that no person shall be proceeded against by indictment, if a con viction shall have been previously obtained for the same offence under the provisions of this Act.” It is evident that the section intended to create an offence. Fraud and misrepresentation being negatived, I think the decision of the magistrate was right. Keating, J., concurred. Decision affirmed ; costs to he set off against the debt due from the respondent to the society. H. Note to Section 22 of the Friendly Societies Act, 1875, and Section 14 of the Industrial and Provident Societies Act, 1876. _ The following cases have been decided under the pre visions of former Acts relating to the settlement of dis putes :— Upon a reference before arbitrators, they may decline to hear counsel : In re Macqueen, 9 C. B. (n. s.) 793. _ Where, by acquiescence of the society, justices decide a dispute in a case where the rules did not direct disputes to be referred to them, the court refused to grant a certiorari °n the application of the society : R. v. IVest London Philanthropic Burial Society, 33 J. P. 614. The direction of the Acts, as to the reference of disputes, has the effect so far as regards such disputes, of excluding the jurisdiction of the superior courts : Crisp v. Bunbury, 8 Bing. 394 ; Timms v. Williams, 3 Q. B. 413. In Ex parte Payne, 5 Dowl. & L. 679, by the rules of a benefit building; society, it was provided that all matters in dispute s&mjM be referred to justices, in pursuance of 10 Geo.. 4,, e. 56,

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