APPENDIX  OP  CASES.

229

make  a  distinction  between  actions  already  begun  and
actions  not  yet  begun.  But  the  decision  of  the  Common
Pleas  is  express,  and  the  legislature  may  have  intended
merely  to  avoid  the  inconvenience  which  would  otherwise
have  arisen  in  the  case  of  proceedings  in  progress  at  the
time  of  the  passing  of  the  Act.
Channell,  B.,  concurred.
Buie  absolute.

M.
Note  to  Section  17  op  the  Industrial  and  Provident
Societies  Act,  1876.
In  re  Sheffield  Co-operative  and  Industrial  Society;
Fountain’s  Case,  13  W.  R.  C67.—Joint  stock  company;
winding  up;  contributory;  Industrial  and  Provident  Societies
Act,  1862,  s.  20;  Companies  Act,  1862,  s.  74.
An  industrial  and  provident  society  established  with  unlimited ­
  liability  under  13  4'  14  Viet.  c.  115,  was  subsequently
registered  with  limited  liability  under  the  Industrial  and
Provident  Societies  Act,  1862  (25  fy  26  Viet.  c.  87),  for  the
purpose  of  being  wound  up.  On  an  application  to  place  on
the  list  of  contributories  a  person  icho  held  shares  fully  paid
up  before  the  subsequent  registration,  held,  that  on  the  true
construction  of  the  last-mentioned  Act,  and  of  the  Companies
Act,  1862,  such  a  shareholder  could  not  be  made  liable  as  a
contributory.
This  was  an  application  on  behalf  of  the  official  liquidator ­
  of  “  The  Sheffield  and  Hallamshire  Ancient  Order  of
Foresters  Co-operative  and  Industrial  Society  (Limited)”
to  place  the  names  of  R.  Fountain  and  G.  E.  Swift  on  the
list  of  contributories  in  respect  of  their  shares.
The  society  was  formed  in  1861  under  the  Industrial  and
Provident  Societies  Act,  1852  (13  &  14  Viet.  c.  115),  and
15  &  16  Viet.  c.  31,  with  unlimited  liability.  A  petition
was  presented  to  the  Master  of  the  Rolls  that  the  society
might  be  wound  up,  blit  his  Honour  considered  that,  the
Industrial  and  Provident  Societies  Act,  1852,  having  been
repealed  by  the  Act  of  1862,  he  had  no  jurisdiction  to  make
the  order.  The  matter  was  then  mentioned  to  the  Lord
Chancellor,  who  confirmed  the  decision  of  the  Master  of  the
Rolls,  and  said  that  the  society  should  he  registered  under
.  the  Industrial  and  Provident  Societies  Act,  1862.  This