Benejit or Friendly Societies. 153 



But without entering more into detail as to the equity of the case, it may 

 be remarked in general, that were it an established rule of any society, that 

 members could only resign by written intimation, and upon paying all arrears, 

 it would be proper, whether such law was equitable or not, that all should be 

 made to comply with it, until regularly altered. But where no such regula- 

 tion has at any time existed, and where the only notice of resignation ever 

 given or required, during a long series of years, has been that of non-payment, 

 surely no society ought to be authorized to enact, or at least to enforce, a law, 

 which is not only to operate against members in future, but also against persons 

 who have ceased — and some of them for many years ceased — to have any voice 

 or interest in its concerns. It is a well known maxim, that practice is held 

 to explain any law already enacted, and that every new law can only have a 

 prospective not retrospective effect, without the consent of all interested. 



In short, if questions between Friendly Societies and their members are 

 not to be decided by their own regulations and practice, all their calculations 

 .—all the parliamentary enactments and late inquiries — as well as all the 

 trouble which the Justices themselves are put to in revising and sanctioning 

 such regulations, will be rendered of no avail.* 



We now conclude these desultory remarks on Friendly Socie- 

 ties, and the object in submitting them will be attained, should 

 they in any degree tend to direct more general attention to 

 the utility and principles of these institutions. The works where- 

 in the subject is more ably treated have been referred to ; and it 

 is with pleasure we have to add, that another treatise on it will 

 soon appear, through the medium of a well known work. The 

 Library of Useful Knowledge. 



* Since this slieet was put to press, the cases stated on p, 149. to have been remitted by the Justices 

 of the Peace for the county of Edinburgh to the Magistrates for the city, have been decided. Up- 

 on giving judgment, the Magistrates said that they would candidly confess that they were now of a 

 quite diflferent opinion from what they were when the cases were last before them. Conceiving the 

 question to be one of much importance, they had since that time paid considerable attention to the 

 subject, and had taken the opinions of several professional gentlemen, and more especially those of 

 the city assessors or legal advisers, as to the right of the society to enforce payment of arrears from 

 forfeited members. The result was, that the court had now no hesitation in agreeing with all those 

 .gentlemen, that the society had no such right, as there was no article in their regulations, neither had 

 there been any instance in the practice of the society for seventy years, authorising such demands. 

 The defenders were therefore assoilzied from the actions, but no expences were found due. — We 

 trust this decision will put an end to these unjust prosecutions, and that it will lead both societies 

 and judges to pay greater attention than hitherto to their regulations, in deciding any disputes that 

 may arise. This is the more necessary, as, from societies now granting more extensive and varied 

 benefits, and the interests of all parties being consequently much increased, questions will fre- 

 quently occur, not merely r^arding a few shillings, but regarding aimuities and allowances at death, 

 the present value of which may amount to very large sums. 



QMr Fraser's Memoir on Friendly Societies, now brought to a 

 conclusion, we consider one of the best views of this highly in- 

 teresting and important subject hitherto published. Already 

 it has excited much attention, and we doubt not will materially 

 assist in extending these very excellent institutions throughout 

 the country. — Ed.] 



