Glasgow District of Ancient Order of Foresters v Stevenson
| Jurisdiction | Scotland |
| Judgment Date | 19 October 1899 |
| Docket Number | No. 6. |
| Date | 19 October 1899 |
| Court | Court of Session |
Lord Justice-Clerk, Lord Young, Lord Trayner, Lord Moncreiff.
Friendly SocietyJurisdictionSheriffDecree ConformFriendly Societies Act, 1896 (59 and 60 Vict. c. 25), sec. 68.
The Glasgow District Arbitration Committee of the Ancient Order of Foresters, in the exercise of its jurisdiction under the rules of the Society, pronounced an award removing A, a branch secretary, from office, expelling him from the Society, and calling upon him to deliver the books of the Order in his possession to the district secretary.
In a petition by the Glasgow District to the Sheriff asking him. to interpone his authority to the award, and to ordain A to deliver up the books to the district secretary, A, while not disputing the jurisdiction of the Committee to remove him from office and to expel him from the Society, contended that it was ultra vires of the Committee to order delivery of the books to the district secretary, and that as the books were the property of the branch the pursuers had no title to sue.
Held that the District Arbitration Committee, having jurisdiction to deprive A of office, had, as incidental thereto, jurisdiction to order delivery of the books to the district secretary although the books might be the property of the branch.
The Ancient Order of Foresters is registered as a Friendly Society. It consists of a number of local branches throughout the United Kingdom, and has a system of Courts(1) Branch Courts, (2) District Courts, (3) the High Court. An appeal is provided from the Branch Court to the District Court, and from the District Court to the High Court.
In July 1898 a complaint was brought before the Glasgow District Arbitration Committee* by the District Treasurer against John Stevenson, a member of and secretary of Court Captain Boyd, one of the branches of the Society within the district.
The charges were (1) and (2) for irregularities as secretary; and (3) for
refusing to comply with an order of the District Committee, dated 30th May, requiring him to hand over the books to an interim secretary.
The District Arbitration Committee found the charges proved, and resolved that he be expelled from the Society, and be called on to hand over the books of the Order in his possession to the District Secretary, and to pay 1, 13s. 6d., the expenses of the arbitration.
After intimation of this deliverance had been made to Stevenson, instead of delivering the books to the District Secretary he handed them over to the branch Court Captain Boyd.
...
To continue reading
Request your trial
-
Canadian Imperial Bank of Commerce v. The Queen,
...to dispositions of property other than foreign currency. However, the requirement in subparagraph 95(2)(f)(i) (and later in paragraph 95(2)(f.14)) to use Canadian currency for certain dispositions of property would, under the broad interpretation, create the same issues as exist between sub......
-
Bank of Nova Scotia v. Ukrainian Greek Orthodox Congregation of Holy Trinity, (1991) 122 A.R. 197 (QB)
...and personal property" and "land or other property". In some of the sections of part 2 namely (11(1), 11(2)(e), 11(2)(f), 14(1), 17(1), 18(1), 19(1)) a distinction in wording is made between real and personal property. Whereas other sections notably s. 18 refers only to "......
-
COREPER invited to approve compromise text on Regulation amending SEPA Migration Regulation
...N° 260/2012 as regards the migration to Union-wide credit transfers and direct debits – Approval of the final compromise text, 16 January 2014...
-
Council of EU report to COREPER considers EP’s amendments to SRM
...register.consilium.europa.eu/doc/srv?l=EN&t=PDF&gc=true&sc=false&f=ST%206187%202014%20INIT&r=http%3A%2F%2Fregister.consilium.europa.eu%2Fpd%2Fen%2F14%2Fst06%2Fst06187.en14.pdf" target="_blank">Proposal for a Regulation of the European Parliament and of the Council establishing uniform rules......
-
European Commission draft delegated Regulation on RTS relating to own funds
...Parliament and of the Council with regard to regulatory technical standards for own funds requirements for institutions, 14 January 2014...
-
New And Improved Functional Currency Proposals - Tax Topics
...must be made in the functional currency, and not in Canadian dollars, pursuant to the proposed calculating currency rules in paragraph 95(2)(f.14). Canadian corporations that adopt an elected currency that is the same as the calculating currency of their foreign affiliates will have a subst......
-
Table of Statutes
...VII 325 Pt VIII (ss 197–214D) 403 Pt X 2 s 1 6 s 1(1) 7 s 1(2) 6, 7 s 1(4) 6, 7 s 2 7 ss 2A–2F 123 s 2A 13, 14 s 2A(5) 14 s 2B(2) 14 ss 2E, 2F 14 s 4A(4) 8 s 6 9 s 7 9 Table of Statutes lxxiii s 7(2), (3) 101 s 7(5) 101 s 18 2 s 30 7 s 35A 2 ss 37, 38 7 s 44 2 s 55 81, 82, 83, 84, 325 s 55(......
-
Chapter 11. Customs and Border Protection's Authority to Assess Monetary Penalties and to Seize an Importer's Merchandise
...criminal prosecutions are rare in cases where the alleged violator has made a bona fide prior disclosure. 13. 19 C.F.R. pt. 171 app. B(F)(2)(f ). 14. Under the regulations, a prior disclosure may be submitted to any customs “officer,” but it is recommended that the disclosure should be subm......
-
VIRTUES AND PERILS OF ALGORITHMIC ENFORCEMENT AND CONTENT REGULATION IN THE EU: A TOOLKIT FOR A BALANCED ALGORITHMIC COPYRIGHT ENFORCEMENT.
...rights conferred to the data subjects may be suitable to introduce a right to explanation. (236) Article 22, when coupled with Articles 13(2)(f), 14(2)(g) and 15(1)(h), may offer a valuable model for a more balanced algorithmic enforcement. Considered together, these provisions constitute a......
-
Broadcasting regulation in Ireland: regulation built on a false premise
...rules apply not only to television broadcasters, but also radio broadcasters. As discussed below, most of the content rules are 13 Ibid s.42(2)(f) 14 Ibid s.39(1)(c) 15 Ibid s.39(3) 16 Ibid s.41(2) 17 Ibid s.41(3) 18 Ibid s.41(4) 19 Ibid s.49(2) HJ 02:Layout 1 06/07/2011 14:38 Page 44 44 RÓ......
-
The National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013
...to the extent that— (a) any provision in this Chapter provides otherwise; or (b) the arrangements themselves make different provision.S-2.F.14 Bulk transfers-outBulk 2.F.14.—(1) This regulation applies if— (a)(a) the employment of one or more active members (“the transferring employees”) is......
-
Import Duties (General) (No. 10) Order 1976
...M,D £0·3936 per C1 16% per 100 kg 100 kg b) F 18% M,D 2% C1 16% II.a)1. F 12·8% plus M,D £0·3936 per C1 12·8% £0·3936 100 kg per 100 kg 2. F 14·8% M,D 2% C1 b) F 14·8% M,D 2% C1 12·8% Q.I.a) 16·8% M,D 4% C1 12·8% b) F 14·8% M,D 2% C1 12·8% II.a) 7·2% M,D 4% C1 3·2% b) 5·2% M,D 2% C1 3·2% II......
-
The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009
... ... the appropriate place in the alphabetical order, insert— ... ““2008 Section Optant” has ... ...
-
The National Health Service (Superannuation Scheme, Pension Scheme, Injury Benefits and Additional Voluntary Contributions) (Scotland) Amendment Regulations 2010
...Regulations 2008 (“the 2008 Regulations”) before “the scheme”, insert “this Section of”— (a) regulation: 2.A.1(1) in the definition of— 2.F.14(1)(b) 3.E.12(1) active member (ii) corresponding 2008 scheme (iii) deferred member (iv) employing authority (at paragraph (g)) (v) non-contributing ......