The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1873-03-08 00:00:00

IMPORTANT TO BUILDING SOCIETIES.

The Mlle of "Thompson v. the Planet Benefit Society'
has boon before Vice-Chancellor flacon, and was, IA will be
seen, an important case respecting the mode of settling dis-
putes between the members of Benefit Building Societies
is members.
The plaintiff sued as an investment member of the
Pianet Society. Ile sought to compel immediate pay.
ment of the sums psid in respect of his shares, claiming
right to retire under notice properly given; he
also sought to restra n the directors flom applying
the funds of the society in paying other persons
in priority to himself, and to make the directors
personally liable. Dernurrers were put in in re-
spect to want of parties' jurisdiction and equity,
and the case was now argued on those demurrers.
It is only necesary to refer further to the most
important demurrer --namely, that for want of juris-
diction. The company was estahliseed and enrolled in
1848 under the Benefit Building Societies Act, 6 and 7
William IV, cap. 32. That Act incorporated the
Friendly Societies Act of George IV., which has since
been repealed, except as to Benefit Building Societies.
The joint effect of these two Acts is that the rules of
sueh societies shall provide for the determination of dis-
putes either by a Justice of the Peace or by arbitrators;
and the effect of the ptincipal demurrer was to raise
the point that the jurisdiction of the ordinary tribunals
of law and equity is ousted by Act of Parliament in re-
spect of such disputes. The case was the more im-
portant because there has been • certain conflict of
authorities in past decisions on the subject. The
Master of the Rolls has held on two occiteions, in cases
almost exactly like this, that the jurisdiction of the
Court was not ousted by the above enactments ;
on the other hand, in several similar cases it has been
held both by Common Law and Equity judges that the
effect of an Act providing that disputes shall be de-
termined by arbitration is to take away the jurisdiction
of the ordinary courts.

. -
The Vice-Chancellor said it was a moat important
cam, for Benefit Building Societies were scattered over
the face of the country, and were he to dedde in favour
of the bll he would be or ening the flood gates of litiga-
tion and deciding directly against the worde and policy
an expressed in the words of the Acts of Parliament.
The members of theee societies were presumably poor,
and the object of the Legislature was to provide a cheap
mode of settling the differences between them, and to
prevent their funds from being eaten up by litigation.
He did, however, feel premed by the conflict of
authority, the Master of the Rolls having in two canon
decided contrary to the other Judges. But, great an
his respect for that learned Judge was, when he found
a majority of authorities opposed he felt himself
bound to follow that majority, and to refuse to open
the door of this court to any such litigation. The
demurrer must therefore be allowed. .

Some time ego (says the Birmingham Aforning Netrj)
It was resAved to delay the publication of the peoples edi-
tion of air Carlyle'. "Life of Schiller," for the purpose of
allowing him to make a few additions to it The volume Is
now ready for the public, and will bereceived with Interest,
as containing the latest literary handiwork of Its venerable
author. The additions are, for the most part, embodied In •
supplement, and consist of matter translated from the Ger.
man, giving an accuunt of the Schiller family, as well at of
much in the early Ws of Schiller himself which has not
hitherto been known to English reader'.