Full text: 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

.202 
APPENDIX OF CASES. 
the money to be invested in the names of the trustees : how 
could their mere appointment give them what is in other 
hands 2 Then, as to the new rule 12, the treasurer is to 
invest, if the sum in his hands exceed £50. Till the invest 
ment, therefore, the money must he in his hands. The 
provisions of 10 Geo. 4, c. 56, do not interfere with this 
view. According to them the money is to be in the hands 
of a single person, called indifferently treasurer or trustee. 
The essence of the provision is, that the person who is 
really treasurer has the custody of the money. Then 
reliance is placed on 13 & 14 Yict. c. 115, but the new rules 
would supersede the provisions there—though, indeed, I 
think that sect. 13, compared with sect. 12, gives the trea 
surer the custody of the money till it is invested. 
Wightman, J., and Erle, J., were of the same opinion. 
Rule discharge! 1 - 
With regard to the effect of these cases, it is to be borne 
in mind that by the present Acts, an acknowledgment of 
registry is conclusive evidence that the society is registered, 
unless it be proved that the registry has been suspended or 
cancelled, and so also an acknowledgment of registry of an 
amendment of rule in conclusive evidence that such amend 
ment is duly registered. 
C. 
Note to Friendly Societies Act, 1875, s. 14. 
By this section every registered society is required to> 
appoint trustees, and send to the registrar a copy of the 
resolution of appointment. To this it would seem the 
principle ot the following case is applicable :— 
Beckett v. Willett, 5 W. R. 622.—Where trustees of a 
friendly society, established under 13 d- 14 Viet. c. 115, ivere 
appointed after 18 <£- 19 Viet. c. 63, had become law, held, 
that it was not necessary to send to the registrar the resolution 
appointing the trustees, and that such trustees viere liable to be 
sued for the debts of the society incurred before their ap- 
pointment. 
This was an action upon a printer’s bill brought against 
the defendants as trustees of a friendly society duly regis 
tered and certified May 28, 1855, when 13 & 14 Yict. c. 115, 
was law. No trustees were appointed until March4,1856,
	        
Waiting...

Note to user

Dear user,

In response to current developments in the web technology used by the Goobi viewer, the software no longer supports your browser.

Please use one of the following browsers to display this page correctly.

Thank you.