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

210

APPENDIX  OP  CASES.

If  the  Intestate  die,  His  personal  Representatives
leaving  take  as  follows:—
Brother  or  sister,  and  chil-  Half  to  brother  or  sister  per
dren  of  a  deceased  brother  head,  half  to  children  of
or  sister.  deceased  brother  or  sister
by  families.
Grandfather  and  brother  ,  All  to  brother.
A  study  of  the  contents  of  this  table  may  afford  to  members ­
  of  Friendly  and  Industrial  Societies  good  reason  why
they  should  exercise  the  privilege  of  nomination,  which  has
been  extended  to  them,  and  is  now  so  completely  unrestrained ­
  that  the  member  may  nominate  any  person  whatever, ­
  whether  related  to  him  or  not,  with  the  restriction
only  that  the  nominee,  if  a  stranger  in  blood,  is  not  to  be
an  officer  or  servant  of  the  society.

F.
Note  to  sect.  15,  sub-sect.  7  op  the  Friendly  Societies/.
Act,  1875.
Preference  is  given  to  a  society  on  the  bankruptcy  or
insolvency  of  an  officer  having  in  his  possession  by  virtue
of  his  office  any  money  or  property  belonging  to  the  society,
as  well  as  on  the  death  of  such  officer.  This  is  a  provision
well  characterized  by  Lord  FjLdon  {Ex  parte  Ross,  6  Ves.  802)-as
  “  very  liberal,  and  perhaps  more  liberal  than  just,  that
all  creditors,  however  meritorious,  shall  be  sacrificed  to  the
demand  of  a  friendly  society.”  It  was  believed  that  the
provision  of  the  Bankruptcy  Act,  1869  (32  &  33  Viet.  c.  71,
s.  32)  by  which  all  debts  provable  under  a  bankruptcy  are
to  be  paid  pari  passu,  except  rates  and  taxes,  and  the  wagesof
  clerks  and  servants,  had  operated  to  repeal  the  priority
of  friendly  societies  given  by  former  statutes,  though  on
this  point  county  court  judges  had  given  conflicting  decisions ­
  {Re  Matthews,  Ex  parte  the  Society  of  Women,  held  at
the  Blacksmith’s  Arms,  Mynnddislwyn  ;  County  Courts-Chronicle,
  1st  May,  1872  ;  Re  Keywortli,  Ex  parte  the  Society
of  Good  Samaritans,  Lincoln,  Law  Times,  24th  August,.
1872).  The  statute  now  expressly  restores  it.
Under  the  old  statutes,  the  following  decisions  have
been  given,  and  appear  still  to  be  applicable  :—
The  circumstance  of  the  society  not  having  audited  the
treasurer’s  accounts,  was  held  not  to  deprive  it  of  the
            
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