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 dif 
ferent 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 were- 
ineffectually 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 was- 
a 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 resolu 
tion 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.; dis- 
sentiente, 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 unappro 
priated 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 trea 
surer :—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