APPENDIX OF OASES. 
199 
received by the defendant to the use of the society, it 
appeared that the society had been established as early as 
1825, and had, till 1853, been governed by a set of rules 
duly certified. By one of the rules a treasurer was to be 
appointed, and by another rule provision was made for 
making alterations, which rule incorporated the 9th section 
of 10 Geo. 4, c. 56. Under these rules the defendant was 
appointed treasurer, and nothing had occurred to put an 
end to his tenure of such office, unless the circumstances 
after mentioned had that effect. In 1853 a set of new rules 
was transmitted to the barrister, with an affidavit that, in 
malting of them, the provisions of the Act under which the 
rules of the society were enrolled had been duly complied 
with. The new rules were duly certified, but it afterwards 
appeared that they had been drawn up and transmitted 
without any such meeting having been held as was pre 
scribed by the old rules and 10 Geo. 4, c. 56, s. 9. By the 
new rules three trustees were to be appointed, one of whom 
should be treasurer, in whose names the funds of the society 
were to be invested. And whenever the unappropriated 
stock amounted to above .£50, the same was to be invested 
by the treasurer as a majority of the board of management 
should direct, and pursuant to the 13 & 14 Viet. c. 115. 
After the enrolment of the new rules, the three plaintiffs 
were elected trustees, according to the regulations therein 
prescribed, except that no one of them was treasurer, but 
that another person, named Thomas Grune, was elected 
treasurer. It was admitted on the part of the defendant 
that he had received the money claimed on behalf of the 
society ; but it was contended for him that he continued 
treasurer, and that the plaintiffs were not legally appointed 
trustees. For the plaintiffs it was admitted that the action 
must fail, unless the plaintiffs could establish their title 
under the new rules ; and it was further admitted that the 
new rules had not been made in conformity with the old 
rules ; but it was contended that the registrar’s certificate 
was conclusive as to the validity of the new rules, and that 
rt was not open to object that they were not regularly 
adopted in the manner prescribed in the old rules. The 
learned judge was of opinion that the certificate was not 
conclusive, aud he directed a verdict for the defendant j 
but it was afterwards arranged that the plaintiffs should be 
nonsuited, with leave reserved to enter a verdict for them. 
For the defendant it was further objected that the plaintiffs 
were notentitled to sue, even supposing the new rules valid, 
inasmuch as the 12th of those rules directed that one of 
the three trustees should be treasurer, and none of the rules