198

APPENDIX  OF  CASES.

ing  to  the  33  Geo.  3,  c.  54,  and  alterations  made  therein  but
not  properly  enrolled,  and  it  was  contended  that  the
original  rules  were  no  longer  in  existence,  the  court  held
otherwise,  and  in  giving  judgment,  said:—“The  society
rvas  duly  enrolled;  how  has  it  ceased  to  be  so?  Alterations
have  been  made  from  time  to  time,  but  not  properly;  and
that  being  so,  the  society  must  still  be  considered  a  friendly
society  within  the  33  Geo.  3,  c.  54.  This  case  is  very  different ­
  from  II.  v.  Godolphin,  there  the  rules  were  regularly
altered,  and  a  new  set  adopted.  It  is  too  much  to  say  that
from  the  time  the  new  rules  were  improperly  made  the
society  ceased  to  be;  if  that  is  not  so,  it  subsisted  under  the
rules  which  were  enrolled;  the  objection  to  the  new  rules
may  be  got  rid  of  by  having  them  enrolled.  The  question
of  agreement  is  met  by  the  fact  that  the  rules  of  the  society
could  only  be  altered  by  certain  proceedings  which  wereineffectually
  taken.”
In  Meredith  v.  Whittingliam,  1  0.  B.  (n.s.)  216,  where
a  society  had  enrolled  its  rules  under  the  10  Geo.  4,  c.  56,
and  shortly  afterwards  had  framed  new  rules,  which  were
never  enrolled  or  certified,  it  was  held  that  the  society  wasa
  subsisting  society  under  the  original  rules,  by  virtue  of
18  &  19  Viet.  c.  63,  s.  2  [to  which  sect.  6  of  the  Friendly
Societies  Act,  1875,  is  similar].

Dewhurst  and  others  v.  Clarkson,  3  E.  &  B.  194.—Where
an  amendment  of  the  rules  of  a  friendly  society  had  received,
the  barristers  certificate,  under  4  it  5  Will.  4,  c.  40,  s.  4,.
such  amendment  was  valid,  though  there  had  been  no  resolution ­
  of  the  society  in  compliance  with  10  Geo.  4,  c.  56,  s.  9,
or  with  the  rules  of  the  society  incorporating  that  section.—
Per  Lord  Campbell,  Coleridge,  and  Wightman,  JJ.;  dissentiente,
  Erle,  J.  The  rules  of  a  society  directed  that  three
trustees  should,  be  appointed,  of  whom  one  should  be  the
treasurer,  in  whose  name  the  funds  of  the  society  should  be
invested,  and  that  the  treasurer  should  invest  the  unappropriated ­
  stock  exceeding  £50  as  the  board,  of  management
should  direct,  pursuant  to  13  ct  14  Viet.  c.  115.  Three
trustees  rcere  elected,  but  a  fourth  person  ivas  elected  treasurer ­
  :—Held,  that  the  three  trustees  could  not  sue  a  former
treasurer  for  the  balance  in  his  hands  under  these  rules,
and  that  they  had  no  title  to  do  so  under  10  Geo.  4,  c.  56,
or  13  cfc  14  Viet.  c.  115,  ivhich  were  prior  to  the  rules  talcing'
effect.
On  the  trial  of  this  action,  which  was  for  money  had  and