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

APPENDIX OF CASES. 
203 
when by a resolution of the society, the three defendants 
were appointed trustees. At that time the 18 & 19 Viet, 
c. 63, repealing 13 & 14 Viet. c. 115, had become law, and 
no notice of the resolution was given to the registrar of 
friendly societies. At the trial it was argued for the defen 
dants, that by the society’s rules, and 13 & 14 Viet. c. 115, 
s. 13, the resolutions appointing the trustees ought to have 
been transmitted to the registrar to make the appointment 
valid, and this not having been done, this action would 
not lie; and moreover as to £44, part of the claim, the 
defendants could not be liable, because it was for expenses 
incurred before their appointment; the plaintiff had a ver 
dict, leave being reserved to move for a nonsuit. A rule 
nisi having been obtained. 
Atherton, Q. 0., and Day, showed cause. 
Hawkins and Lewis, contra. 
Lord Campbell, C. J.—At the trial I considered the 
only serious objection to be, that no notice of appointment 
of trustess had been transmitted to the registrar, but that 
difficulty is now got over; 13 & 14 Viet, was repealed 
before the appointment, and 18 & 19 Viet, confers the 
power of appointing trustees without the condition of send 
ing the resolutions to the registrar. I think, therefore, 
that these defendants were duly appointed trustees, and 
are liable to be sued for the whole debt. 
Wightman, Erle, and Crompton, J.J., concurred. 
Eule discharged. 
It is to be borne in mind, however, that the society, 
neglecting to send a copy of a resolution appointing a trustee 
to the registrar, commits an offence under the Act, and that 
sect. 16 (10) exempts the trustees from personal liability. 
D. 
Note to Friendly Societies Act, 1875, Section 15, 
Sub-section 2. 
By this, section societies registered under the Friendly 
Societies Acts (except indeed specially authorized societies* 
as regards which the Treasury usually limit the application 
of the Acts so as not to include this privilege) are entitled, 
to certain exemptions from stamp duty. The documents; 
exempted are more clearly set forth than in previous. Acts;,
	        
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.