2 12
APPENDIX OF CASES.
On the appointment of a treasurer of a friendly society,
it was agreed that of the funds then in hand, she was to pay
interest for £120. It was held that this was not to he con
sidered as a loan to her, hut that it was in her hands and
possession by virtue of her office of treasurer, within the
meaning of the 4 & 5 Will. 4, c. 40, s. 12, and that the
assignees were bound to pay over the amount to the society :
Ex parte Ray, 3 Dea. S37.
By the rules of a friendly society it was provided that
there should be appointed a treasurer or treasurers, in
whose hands should be deposited all the cash belonging to
the society, until the same should be placed out at interest;
. and that as soon as a sufficient sum should be collected, it
should (after leaving in the club-box a sufficient sum to
pay the sick and other expenses of the society), be deposited
in the hands of the treasurer or treasurers of the society ;
and that the clerk and two stewards should take the same
to the bank. No formal appointment of treasurer was
made, but the moneys of the society were paid into a bank.
It was held that the bankers were not employed as officers
of the society: Ex parte Orford, 1 De Gex, M. & G.
483.
A friendly society appointed a Joint Stock Bank its
treasurer. Held, that the treasurer must be a natural person
not a corporation, and that the words of sect. 15 (7) as to
insolvency do not apply to proceedings in winding-up a
■ company : Ex parte Swansea Friendly Society, Law Rep.
11 Ch. Div. 768.
G.
Note to sect. 16 (9) of the Friendly Societies Act,
1879, AND SECT. 12 (10) OF THE INDUSTRIAL AND PRO
VIDENT Societies Act, 1876.
These sub-sections are to the same effect as 18 & 19 Viet.
■ c. 63, s. 24 and previous Friendly Societies Acts, with
respect to which the following cases have been decided :—
Where an officer of a society had received, as such, moneys
-belonging to the society, and afterwards executed an assign
ment for the benefit of his creditors, and his assignees had
enough to repay the amount, but the specific moneys so
received were not traced to the assignees, the assignees were
held not liable to be proceeded against under this section :
Ex parte O’Donnell, 1 L. R. (Q. B.) 274; 30 J. P. 279.
The remedy given by this section applies where the