140

FRIENDLY  SOCIETIES  NOT  REGISTERED.

altered  by  31  &  32  Viet.  c.  116  (commonly  called  “Russell
Gurney’s  Act”),  which  provides  as  follows  :—■
31  &  32  VICT.  Cap.  116.
An  Act  to  amend  the  Law  relating  to  Larceny  and  Embezzlement. ­
  [31st  July,  1868.]
“  Whereas  it  is  is  expedient  to  provide  for  the  better  security ­
  of  the  property  of  copartnerships  and  other  joint
beneficial  owners  against  offences  by  part  owners  thereof,
and  further  to  amend  the  law  relating  to  embezzlement:
Be  it  enacted  by  the  Queen’s  most  excellent  Majesty,  by
and  with  the  advice  and  consent  of  the  Lords  spiritual
and  temporal,  and  Commons,  in  this  present  parliament
assembled,  and  by  the  authority  of  the  same,  as  follows  :—
“  1.  Member  of  copartnership  guilty  of  converting  to  his  own
use,  &c.,  property  of  copartnership,  liable  to  be  tried  as  if  not
such  member.—If  any  person,  being  a  member  of  any  copartnership, ­
  or  being  one  of  two  or  more  beneficial  owners
of  any  money,  goods,  or  effects,  bills,  notes,  securities,  or
other  property,  shall  steal  or  embezzle  any  such  money,
goods,  or  effects,  bills,  notes,  securities,  or  other  property
of  or  belonging  to  any  such  copartnership,  or  to  such  joint
beneficial  oivners,  every  such  person  shall  be  liable  to  be
dealt  with,  tried,  convicted,  and  punished  for  the  same  as
if  such  person  had  not  been  or  was  not  a  member  of  such
copartnership,  or  one  of  such  beneficial  owners.”
Section  2  extended  the  provisions  of  18  &  19  Viet.  c.  126,
<!  An  Act  for  diminishing  Expense  and  delay  in  the  Administration ­
  of  Criminal  Justice  in  certain  Cases,”  to  embezzlement ­
  by  clerks  or  servants;  but  the  section  is  repealed,
and  other  provision  made  (so  far  as  regards  England)  by
the  Summary  Jurisdiction  Act,  1879.
The  Act  does  not  extend  to  Scotland.
Her  Majesty’s  Friendly  Societies  Commissioners,  in  their
fourth  Report,  pp.  clxxvii-viii,  in  a  notice  of  the  remarks  on
this  head  in  the  eighth  edition  of  the  present  work,  pointed
out  the  classes  of  friendly  societies  which,  by  the  operation  of
the  statute  law,  are  made  absolutely  unlawful  in  default  of
registration.  These  are  (1st)  those  having  for  object  the
acquisition  of  gain  by  the  society  or  its  members;  (2nd)