Illustrations of Friendly Societies' Law. MEN who hold situations of trust in Friendly Societies are circumscribed by responsibility. This fact need not, however, alarm any such "officer, member, or any other person whatsoever" who does not wish to abuse the confidence reposed in him by his brethren. There are privileges and immunities to shield and encourage the honest Secretary, Treasurer, Trustee, and that "other person whatsoever" in the faithful discharge of their duties. Fraud, misrepresentation, and deceit, are easily overtaken and summarily dealt with, as the law directs, by rigid processes. Robbery is punished by a strong hand, as we agree with the legislature in thinking it should be, when the crimiual plunders his thrifty, perhaps aged, fellow workmen, or their widows and orphans. It is sometimes urged that the law as it stands, or the gentlemen entrusted with its administration, hamper and restrain the free exercise of prudent local management. This, if true, is an evil; but no one complains that the law is too severe upon real delinquencies which affect provident institutions. Let us, however, illustrate the operation of the law as it is, by reference to one or two cases. Mr. Bumptious was a member of the "Independent Teetotal Widow and Orphans' Protection Society," in Bethnal Green, London, and by excess of a good quality-perseverance-he had become an oracle among his associates. As will happen sometimes in the best conducted societies, a misunderstanding arose among these Independent Teetotalers of Bethnal Green. What the latent cause may have been we do not know, but the ostensible one was that much abused commodity-money. Mr. Bumptious accused the Secretary of "irregularities," and hinted at a collusion between that officer, the Treasurer, and the Trustees to rob the society. The assailant-as he said, when asked to put his charge into a definite shape--was a cautious man. He wasn't going to be trapped-not he. He was in the situation of King Cole's fiddler. Something was wrong somewhere-that he knew-but he could not find out, unless he had an opportunity of carefully inspecting the books, what that something might be. The opportunity was granted. By common consent he was allowed to take the books home with him for a week. He was accounted a highly respectable man in his sphere of life, and nobody thought (we are quite sure that Mr. Bumptious did not then think) of doing wrong to any body or with the books. Seven days afterwards the Independent Teetotallers mustered in force to hear the terrible accusations. Secretary, Treasurer, and Trustees, were there to meet the accuser. Mr. Bumptious was not present. A note from him explained that he had not been able to complete the investigation, and that he thought it inexpedient to meet his fellow members until he "either established his charges, or stood branded as a calumniator" before them. The poor man had drifted into a false position, as many consequential and rash people have done before, and will, we dare say, again. A manly avowal that there were no grounds for the accusation, a frank apology, and a general expression of confidence in the accused, would have comfortably terminated this little affair. Mr. Bumptious, however, adopted another course. He demanded further time for the scrutiny, and as one of the outraged Temperance men said, tried to "bounce them so extensively that they went to a lawyer, and stood upon their rights. The case came on before one of those patient stipendiary magistrates who sits in a police court at the East-end of * Friendly Societies' Act, 18 and 19 Vic., cap. 63, sec. 24. the Metropolis, and it caused a sensation in the neighbourhood. There were two lawyers engaged, and a vast amount of eloquence, if not of learning, poured forth on either side. The attorney for Mr. Bumptious discoursed about his client's motives, good intentions, and respectable character, and we are sorry to add sneered at the Independent Teetotalers, and their "club." The Society's advocate, with unnecessary vehemence, but laudable firmnessafter a gratuitous forensic display rested his case upon the Act. The worthy magistrate, after hearing all that was said about the altercation in the society, declared he had nothing to do with that, and read the twentyfourth section of the Statute. He then said it was clear that although Mr. Bumptious had not become possessed of the books and papers of the Society, "by false representations or imposition" and there was no evidence to show that he had "misapplied" the same; but it was proved that he "withheld" them from the society, in a manner wholly unjustifiable. The offender was therefore ordered to deliver up forthwith all such books and papers, or other effects of the society as he then withheld, and to pay the costs, and a penalty of 20s. Mr. Bumptious murmured, handed over the books and papers, paid the costs and the penalty, and retired from the court crestfallen. He did not care to avail himself of the further means of vindicating his dignity, or-an appeal being out of the question-he would have declined to obey the magistrate's order, and suffered a committal to "the common gaol or house of correction, with or without hard labour, for any time not exceeding three months," at the discretion of that excellent functionary. A second case of nearly the same kind is worth narrating. A person, not a member, somehow got hold of the cash box and properties of a small Society, which existed, or perhaps we ought to say flourished, in a Midland town, under the title of "Jolly Buffalos." The case wore a very felonious aspect; but perhaps it was mercifully laid under the 24th section of the Friendly Societies' Act, instead of being made the subject of an indictment; as the defrauded but still "Jolly Buffalos," wanted to get back their money and not to punish the offender. The fact of possession of the cash, about £20, was proved, and the attorney employed by the defendant then raised objections (which, if a lawyer he must have known were untenable), that his rascally client was not a Buffalo-that is to say not a member of the Jolly Buffalos' Society-and that the Society had not been duly registered. The first objection was answered by reference to the 24th section of the Act under which the summons had been issued, which embraced "any person whatsoever;" and the second objection was disposed of by reference to the 44th section of the same statute, which extends the protection against fraud enjoyed by certified societies, to "any friendly society" established for any purpose that is not illegal, provided such uncertified society deposits a copy of its rules with the registrar. "Jolly Buffalos," being an independent little society, wanted to avoid Mr. Tidd Pratt's supervision; but while content to give up the exemption from Stamp Duty for this independence, they took the precautions against dishonesty, fraud, and misconduct by their officers, and "any other person whatsoever.' There is another case to which we should like to call the attention of certain schemers who are drawing large sums of money out of the pockets of the thrifty working classes by a gross and impudent violation of the law. Mr. Knafe (somebody suggested as an amendment in the orthography of his name, the substitution of v for f,) is a genius although unacquainted with Lindley Murray, and not very intimate with Tidd Pratt or Finlaison. He is ostensibly Secretary and Manager of the "Grand United Kingdom Associated Brethren and Sisters' Sickness, Death, Accident, and Casualty Assurance, and Annuity Company;" he is really Secretary, Manager, Treasurer, Auditor, sole Trustee, The and entire Committee of this pompous Institution. This concern purports to be registered, and we believe is registered, under the Friendly Societies' Act, but it transacts business not included in the categories of the ninth clause of that statute, and not sanctioned by the Registrar or the Home Secretary. There are mysteries in the head quarters of this widely ramified Society, more recondite than any which prejudice a few years ago attributed to Odd Fellowship, and far surpassing those of Masonry. We should like to test the returns submitted (as we venture to presume they are submitted) annually to Mr. Tidd Pratt, in accordance with the 45th section of the Act. We should like to know many other things about this Institution, which has agencies all over England, Scotland, and Wales, and draws, as we have said, an enormous annual income from the working classes. Mr. Knafe is, we dare say, not very learned in the law, but by an inconvenient fiction, all men are presumed to know the contents of the stupendous statute book, all the precedents made by judges, and all usages and customs which together form the code of Great Britain. The gentlemen who thrive upon the revenue of the "Grand United Kingdom Associated Brethren and Sisters' Sickness, Death, Accident, and Casualty, Assurance and Annuity Company," have no right to complain if they fall into trouble, by violation of the Act of Parliament, under which they live, move, and have their being-personal as well as official-as they may each procure a copy of that wholesome statute from Her Majesty's printer, or from our Secretary, Mr. Ratcliffe, for a few pence. They had better get copies, and attentively peruse the 29th section, which enacts that any person shall be deemed guilty of a misdemeanour who shall induce any other person to join a Friendly Society, by giving to such other person "a copy of any rules, or of any alterations, or amendments of the same, other than those respectively, which have been enrolled with any Clerk of the Peace, or certified by the Registrar, with a copy of his certificate appended thereto, under colour that the same are binding upon the members of such Society, or shall make any alterations in, or additions to, any of the rules of, or tables of such Society, after they shall have been respectively enrolled, or certified by the Registrar, and shall circulate the same, purporting that they have been duly enrolled, or certified" under any of the Friendly Societies' Acts now in force, or repealed, "when they have not been so duly enrolled or certified." It will be quite clear to any officer, or agent of the Institution we refer to, upon perusing this extract from the statute, that he has been guilty of a misdemeanour. Now, a learned and modern author says that "the punishment of misdemeanour is transportation for life, or shorter period-fine or imprisonment, or both-to which last hard labour, solitary confinement, or whipping, may in cases be added." The judges have a wide latitude of discretion. They may be tender or severe, as the relative merits or demerits of a case require or justify; and we may assure Mr. Knafe, for his comfort, that if any body takes the trouble to prosecute him, or one of his confederates or puppets, the sentence will probably be a happy medium between the extremes of transpor tation for life and two months' solitary confinement, with corporal punishment. Mr. Tidd Pratt, in his work on the law of Friendly Societies, quotes a precedent from the Crown cases reserved, which is particularly worth the notice of Mr. Knafe, and his fellows, and may be remembered with advantage by many other persons who fill offices resembling that of Mr. Wellman. In this case upon an indictment for obtaining money under false pretences, it appeared that in the month of July the prisoner (Wellman) asked the prosecutrix to belong to a burial club, which he praised as strong and respectable, and said had £7,000 in a bank. He did not then induce the prosecutrix to become a member. A month afterwards he went again, and still praised the club,' but said nothing of the £7,000. The prosecutrix then subscribed. Held that the jury might connect the two statements; and the statement as to the £7,000 being false, they found that the prisoner had obtained the money by that false pretence." This case is only another illustration of the extreme care and jealousy with which the operations of Friendly Societies are watched, the severity with which abuses are hunted down, and the determination of judges to insist upon good faith being kept between the officers of such Institutions and the public. At This case of Mr. Bumptious, we need hardly say, is a precedent applicable to any excessively obstinate Secretary, Treasurer, Trustee, or other officer of a Friendly Society. In cases of palpable dishonesty the delinquent would, of course, be proceeded against by indictment, and punished with such a degree of severity as an impartial judge should order. We may hereafter give another illustration or two of the disposition and temper of criminal courts when such offenders are brought to trial. The ordinary mutual relations of a Treasurer and a Society may perhaps be most advantageously pointed out on this occasion. This may be done by an illustration. Mr. Holdfast was Treasurer to a Friendly Society entitled "the Fraternal Gardeners," who held their meetings at a very humble hostelry in the pretty village of Ruralbliss, in the West of England. For many years Holdfast was a model of punctuality. At every committee meeting he produced his books, and the auditors were always able to inspect and vouch his well-kept accounts. length he became somewhat remiss and unpunctual. One or two Fraternal Gardeners also observed that he now did not always, as of old, produce the books, and when he brought them to the club-room he hugged them with extraordinary affection or anxiety, so that, without being guilty of rudeness, no fraternal eye could examine their contents. The day for an annual meeting was at hand. Auditors were as usual appointed, but Mr. Holdfast, under various pretences, delayed producing his accounts. They were, he said, not posted up,— he had been ill-when he got better he was busy. Then he grew uncivil, and declared that his own business was of more importance to him than that of the club, and said he should attend to his own buisness first. During one of the conversations at this stage of the business, a Fraternal Gardener lost his temper, and the reader will not, we dare say, wonder at that circumstance. The irritated clubbist expressed an opinion not complimentary to the Treasurer, and said something about a lawyer, a magistrate, and a prison. Mr. Holdfast thought discretion was not the better part of valour, and had great faith in what is called "bounce." He vapoured and threatened in return, until his fellow members, who had a salutary horror of law, who knew nothing of its dark passages, subtle windings, and tortuous processes, began to fear that, deeply injured as they undoubtedly were, they might get into incalculable trouble through the assertion of their rights. At last they carried out their threat of going to a solicitor, and as the adviser they selected happened to be a lawyer also, and a gentleman not alone by act of Parliament, he knew how to act, under the circumstances. He issued a writ in one of Her Majesty's Superior Courts, for the balance which appeared to be due from him (the Treasurer) on the last account he had rendered, and in addition to such balance, for all the money which the Secretary's book showed he had handed over to the unaccounting officer, and for the effects of the Society in his hands.* Mr. Holdfast defended the action. He had the onus of proving what money he had expended for the society since the last balance-sheet was audited, and a judgment was obtained against him for the balance then really due. We Friendly Societies' Act, 18 and 19 Vic., cap. 63, sec. 22. ought to add that the costs of the Trustees who sued on behalf of the "Fraternal Gardeners" were allowed "as between attorney and client," and not "as between party and party;" a very important distinction, as all our readers, who have been concerned in litigation, know. Mr. Holdfast now began to reflect over his situation. Whether he came to the conclusion that his game was played out, that nothing could really save him from bankruptcy, or whether a futile desire to inflict injury upon his old associates wholly or partially influenced him we cannot say; but it is written down, or to speak more accurately, it is printed in the London Gazette that Mr. Holdfast immediately afterwards became bankrupt on his own petition. This act did the society no harm. They had not converted the Treasurer's trust into a debt, so they got every farthing to which they were entitled out of the hands of Holdfast's assignees, while his general creditors got somewhere about two-pence farthing in the pound. J. J. M. TWENTY YEARS. SHE nears the land-the boat that brings The sturdy rowers lend her wings, He left me when a little lad A lad? A babe! I see him now; My son returns across the main, But brings not back the time that's fled; I shall not pat the childish head. Perhaps a trace I yet may find Me still of happy visions flown. The boat comes on! A minute more, Who rises now to spring on shore? No more I look in wistful doubt, As in the man the child appears; His earnest gaze, his joyful shout, Have bridged that lapse of twenty years.-G. T. |