You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Masons of the Lodge of Lanark v Hamilton, &c. [1730] Mor 14554 (11 June 1730)
URL: http://www.bailii.org/scot/cases/ScotCS/1730/Mor3314554-003.html Cite as:
[1730] Mor 14554
Whether a Society can sue without being incorporated?
Masons of the Lodge of Lanark v. Hamilton, &c
Date: 11 June 1730 Case No. No 3.
Click here to view a pdf copy of this documet : PDF Copy
By an act of the Mason Lodge of Lanark, “all members are discharged to receive, or be witness to the receiving or passing any mason within 10 miles of the burgh of Lanark, except the benefit come to the Lodge, under the penalty of ten pounds.” Upon this act, process was brought against some of the members, to account for the sums they had received by apprentices and otherways, the benefit of which ought to have accrued to the lodge, and concluding for § £10 Scots of penalty for the contravention of the said act, toties quoties. The defence was, that this is an unlawful society, and therefore cannot have the protection of the law; that the design of the society is evidently to enhance the business of the country, by restraining any person to pass mason, unless he pay such sums to the lodge as the society thought fit to exact; which is contrary to the policy of the nation, disallowing of all societies, unless, by particular grants or seals of cause. To this purpose, was cited act anno 6to, Geo. Reg, entitled, “An act for securing better powers and privileges, &c.” which: statutes, “That, the acting, or presuming to act as a body corporate, without legal authority, shall be deemed a public nuisance, and be illegal and void”
“It was found that the masons had not personam standi, and could not sue.”
Fol. Dic. v. 2. p. 375. Rem. Dec. v. 2. No. 2. p. 4.
