MR. HEADLAMasked Mr. Attorney General, Whether his attention has been directed to a case recently decided by the County Court Judge at Newcastle upon Tyne, where the plaintiff, a working engineer, brought an action against the Amalgamated Society of Engineers, alleging that after subscribing for twenty-one years, according to the rules of the Society, he was denied the privileges to which by the same rules he was entitled in respect of his subscription; whereupon the counsel for the Amalgamated Engineers' Society, having met the case by a statement that the Society was not registered, and that in consequence there was no remedy whatever at law for such a grievance, the plaintiff was non-suited; and, whether, assuming that the case was rightly decided, he will be prepared to introduce a Bill to render such Societies as the Amalgamated Society of Engineers liable at law for the non-fulfilment of their engagements?
THE ATTORNEY GENERALSir, my right hon. Friend will not feel offended at me if I say it is rather a bad precedent to ask the Attorney General for an opinion on a question arising in a private law suit. It is my duty to advise the Government, and also the House of Commons on any matter which may arise before them, and upon which my opinion may be required; but it is not my duty to give opinions upon matters between parties, and especially when the question involves my giving an opinion whether a Judge has or has not decided according to law. Now, if I were disposed to give an opinion on this case, the materials supplied would not enable me to do so. Assuming the Judge decided rightly, I am asked whether I am prepared to propose an alteration of the law of partnership. I am certainly not. The Judge decided, rightly or wrongly, that the association in question was a partnership, and he decided that on a most elementary principle. These associations may be registered as friendly societies, benefit societies, or as Trades' Unions under three 221 separate Acts of Parliament, and it could be easily ascertained whether they were registered or not, and if they are so registered those who contribute to them have abundant protection. If, however, societies choose for their own purposes not to register, and if persons choose to join unregistered societies, they do so at their peril. I am certainly not prepared to propose an alteration of the law of partnership in favour of persons who join unregistered societies with their eyes open.