Fund Society (1904, 2 Eh. 196) raised the question as to the jurisdiction of the Court to dissolve or wind up an unregistered friendly soclely. 'The ac-Mien was commenced by writ, whielt was intituled "In the matter' of the trusts of the trust funds of the Lead Company's Workmen's Fund Society" and "In the matter of the Trustee Act, 1899", and claimed, "To have the society dissolved and the affairs thereof wound up under the direction of the Court" The funds of the society were vested In the Governor and Company for Smelting down Lead, which was established by Royal Charter about 1700, as trustees and ils objects were to provide. subsistence in times of sickness and old age for its members. Warrington J, was of opinion that in such elreumstances and especially where the funds were vested in trustees for the members of the society, the Court had Jurisdiction to interpose and the only way in which Justice could be administered, on equitable principles was to endeavour to do the best one could to give to each member of the society that interest in the funds to which he was justly" entitled, and that could only be done by winding the society. The learned judge admitted that no case had been cited directly showing that he. had such jurisdiction as he was minded to assume, but he drew an analogy from Pearce v. Piper which was also a case of a society established for the pur-ose of raising a fund to provide annuities for superannuated" workmen, and there the Master of the Rolls had decreed an account against the trustees and directed an inquiry to ascertain what was due to the plaintifis for arrears of their annul-fies. In the Lead Company's case the Court finally sanctioned a scheme of distribution of the Society's funds upon the principle of a return of their contributions to the members.
Cooperstein (1826, The third ease, was Greenberg 0. association called the Pelham "Club with four branches was formed to obtain subscriptions from the mein-bers of each branch and to lend 10 members out of the fund so formed money on interest, Each fund, with its accretions of interest, was divided periodically among the members rateable at a period of the year which differed in each branch. Dis-utes having arisen, a resolution was passed by the members for the dis= Solution of the association, and the: action was brought by three members suing on behalf of all members other than the defendants against the defendants, who were the treasurer and secretary of the association, claiming. administration of the assets, an ace count of the subscriptions received by the defendants from members and of their application thereof, payment of the amount found. due and. other relief. It was held. that, notwith: standing that the association was illegal under The Companies (Con Jeolldation) Act, 1908, the Court was not [debarred from' affording relief to the members asking for the return of money paid into the hands of agents for application for an illegal purpose by granting an account. It was argued for the Club that it was not carrying' on business for gain, 0.38 to fall within the prohibition of the section; and even if it) were, this would not debar the members from recovering their subscriptions. Tom-Hin J. suggested that there was a power to pursue funds subscribed by the members of an illegal association before they had been'applied for the legal purpose, and in his judgment. not myself believe that the law is so powerless that when. money. is in the hands of persons who have received it for application {for an illegal purpose, it cannot pro-the contributors or enable them to recover it before it has been plied for this illegal purpose", 1 "It isa different case where' thos who have subscribed money for legal purpose come requiring the agents in whose hands it is and who were to apply it for that purpose and ave of dove. so, to return it 10 them, "I'am happy to think. that the law is not's0 feeble that t cannot tect the, subscribers by ordering En account the present ease thera.ts, how ever, no question of misrepresentation formegiect of a statutory duly by pro moter, nor of a trust for the bennet for the members of a s0etely in sick= and lage, he subscriptions of the axclates have, moreover, arently been. already expended.
business. of the association, poshly eiherwise, The association, hich isa" purely trading venture, Bas erected an elaborate conaittion ff. fong-iwo rules and, regulations Sue hes nevertheless put elt out= fide the pate-of company' legislation
possibly occaaloned the. very, mis cie fatare to reit das the Winteh games Lr tells the. Act ibe was intended to" prevent, flamely that persons dealing with the Sasocatlon would not ow with feom they were contracting. In my pinion it would be fying in the face the taw to grant the relict sought fu the plaints present statement Jot claim"even to the members tuler Se, sd the sctlon must be dismissed
Text read from the printed page and cleaned; old type leaves the occasional error.