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. 231 company previous to the registration.” The case of Gar nett v. Moseley Gold Mining Company, in the Exchequer- Chamber, had no application to the case of contribution. On what was the notion of contribution founded ? Accord ing to the rules of partnership. But that contract of part nership as it existed, and with respect to which only the court had power to enforce contribution, was one which excluded all liability to contribute, because the parties had paid to the full amount of their shares. It was not neces sary to consider what were the rights of the creditors, but only whether where a company was a limited partnership,, and had become the subject of a winding-up order, the members of that company, who, on the principle of limited partnership had nothing to contribute, must contribute in respect of the rights of creditors who might have claims against the company. At the time when the winding-up order was made, his Lordship thought he had no such power. There might be some failure of justice, but that would not warrant a construction that would have the effect of adding a new clause to the Act of 1862. It appeared to him that these two gentlemen were not liable. The official liquidator must pay the respondents’ costs, and have his costs out of the estate. N. Note to Section 16, Sub-section 7, op the Friendly Societies Act, 1875, and Section 12, Sub-section 8, op the Industrial and Provident Societies Act, 1876. These sub-sections are similar to sect. 42 of the Building Societies Act, 1874, which is a re-enactment of sect. 5 of the Benefit Building Societies Act, 1836 (6 & 7 Will, 4, c. 32), and has recently received judicial interpretation from Sir George Jbssel, M. R., in the case of the Fourth City Mutual Building Society v. Williams (Law Rep. 14 Ch. Div. 140). This case shows very clearly the advantage a society possesses in being able, by a mere receipt, to discharge itself from all responsibility of inquiring to whom the legal estate ought to be conveyed. See Repiort of Chief Registrar of Friendly Societies for 1879, pp. 28, 29.

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