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

Bibliographic data

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

Usage license:: Get license information via the feedback formular.

228 APPENDIX OF CASES. Act was in force, but after the passing of the Industrial and Provident Societies Act, 1862 (25 & 26 Viet. c. 87), it obtained a certificate of registration under it. The debt sought to be recovered was incurred before the passing of the last-mentioned Act, but the action was commenced after. The case was tried before Martin, B., at West minster, and a verdict was found for the plaintiff, leave being reserved to the defendants to move to enter a nonsuit if the court should be of opinion that they were not liable in their corporate capacity. Macnamam in this term moved to enter a nonsuit accord ingly. Gates now showed cause. Martin, B.—We are all of opinion that this rule must be made absolute. The case is governed by that of Dean v. Millard. In that case the action was brought against the individual members, and the court held that it was well brought, on the ground that though for the sake of con venience, before the late statute, the names of public officers were to be used in actions against the society, yet the real cause of action was against the individual members, and they were ultimately liable. Williams, J., there says:— “ That argument” (referring to the argument for the defend ants) “ would have been admissible if the legislature, instead of saying, as they have done in sect. 6, that the certificate of registration shall vest in the society all the property that may at the time be vested in any person in trust for the society, and all legal proceedings then pending by or against any such trustee or other officer on account of the society may be prosecuted by or against the society in its registered name without abatement, had gone on to say that all claims and rights of action existing at the time of the passing of the Act might be so prosecuted. But they have not said so; they have confined the indulgence to actions pending at the time of the obtaining of the certi ficate of registration. That must mean actions commenced before the passing of 25 & 26 Viet. c. 87, because none could be commenced after against any but existing members.” I was much struck by Mr. Gates’s argument on the construction of the 6th section, but we cannot adopt Iris construction in opposition to the Court of Common Pleas. Bramwell, B.—I was much struck with Mr. Gates’s ^argument on the 6th section that it could not be meant to

Access restriction

Copyright

fullscreen: 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

Monograph

Table of contents

Download

Monograph

This page

Image fragment

Citation links

Citation recommendation