PART II.
FRIENDLY SOCIETIES NOT REGISTERED.
[Russell Gurney’s Act, 31 & 32 Vict. Cap. 116.]
The Friendly Societies Acts given at length in Pt. I., with
the exception of sect. 7 of the Act of 1875, which has expired,,
sect. 26, as to members in the militia, sect. 28, as to payments
on the deaths of children, and sect 30, affect only such
societies as obtain the privileges of the Acts by registration
under their provisions. It may be worth while to consider
the legal position of the members of those associations which
do not comply with these statutory requirements. Such
societies, having lawful objects in view, not being the acquisition
of gain by the society or its members, and not being
the issue of policies of assurances on human life or the granting
of annuities, do not become unlawful merely because
they fail to acquire a statutory status. The committee
of the House of Commons on friendly societies, in the year
1825 (J), reported, that “ it is only in consideration of advantages
conferred by law that any restrictive interference
can be justified with voluntary associations established for
lawful and innocent purposes. It is for the individuals
themselves to determine whether to adopt the provisions
°f the statute, which offers them at the same time regulation
and privilege, or to remain perfectly unfettered by
anything but their own will, and the common or more
ancient law against fraud or embezzlement. For your
committee apprehend, that although the Act of 1793 appears
to begin by rendering lawful the institution of friendly
societies, there neither was at that time, nor is now, any
law or statute which deprives the King’s subjects of the
right of associating themselves for mutual support.”
(5) Report, p. 5. Parly. Paper, H. C. 522,1825.
