Al’PENDIX OP CASES. 
201 
Erle, J. (after reviewing all the enactments at length).— 
The words of the section, (a) the purview of the statute, the 
provisions of other statutes in pari materid, and expediency, 
lead me to the conclusion that the certificate of the barrister 
hoes not create a rule or amendment, but fixes the time 
when it becomes operative, and that the defendant is entitled 
to succeed. 
Watson and Rew.—The defendant is still entitled to keep 
the money until his successor is appointed. No good suc 
cessor to him has been appointed under the new rules. 
Atherton and Cowling, contra.—The 12th rule of the 
society refers to 13 & 14 Viet. c. 115, ss. 12, 13, and intro 
duces so much of them as relates to the funds of the society. 
The treasurer, therefore, is a mere banker of the society ; 
and the trustees, though not entitled to keep the money, 
have that legal interest in it which entitles them to sue and 
maintain the action. 
Lord Campbell, C. J. —I think the nonsuit ought to 
stand, the plaintiffs having made out no right to sue. We 
must now assume that the new rules are binding ; but they 
have not been pursued. Instead of making one of the 
three trustees a treasurer, three trustees are appointed, and 
a fourth person is made treasurer. Supposing the election 
of trustees to be good, what right have they to claim the 
money 2 The learned counsel reverted to the Acts of 
parliament, but they are superseded by the new rules in this 
respect. And under 13 & 14 Viet. c. 115, money does not, 
before it is invested, vest in trustees of whom no one is 
treasurer (b). 
Coleridge, J.—I am of the same opinion. The plaintiffs 
were, I think, well appointed trustees ; till then the money 
Was clearly in the treasurer. Then, how does it come to the 
trustees ? One suggestion rather surprised me—-that the sim 
ple election of the trustees gave them the funds of the society. 
In all the Friendly Societies Acts you find clauses directing 
(a) The arguments of the learned judge are not applicable to 
the provisions of the Act of 1875. 
(5) Under sect. 16, (3) of the Friendly Societies Act, 1.875, 
however, all property of a society vests in its trustees, who have 
the right under sect. 20 to call upon every officer to render an 
account and to pay over all moneys to such person as they 
appoint.