200 
APPENDIX OP CASES. 
vested the money in a trustee not being treasurer. It ivas 
agreed that the defendant should be allowed to raise this 
point upon showing cause against the rule to be moved for. 
In Michaelmas term, 1853, Atherton obtained a rule for 
setting aside the nonsuit and entering a verdict for 
plaintiff. 
Against the rule cause was shown by Watson, Q. C., and 
Row ; Atherton and Cowling, contra. 
Lord Campbell, C. J.—My brothersCoLERiDGEand Wight- 
jian concur in the opinion which I am about to pronounce ; 
my brother Erle differs from us. During the argument I 
entertained considerable doubt respecting the point on 
which the rule was granted, but, after looking into the 
statutes on which it depends, I think that the objection 
taken to the plaintiffs’ right to sue was not open to defen 
dant, the 4 & 5 Will. 4, c. 40, s. 4, having enacted that all 
rules, alterations, and amendments thereof, from the time 
when the same shall be certified by the said barrister to 
whom they were submitted, shall be binding on the several 
members and officers of the said society and all other persons 
having interest therein. The intention of the legislature 
seems to have been to give the like effect to the certificate 
of the barrister under 4 & 5 Will. 4, c. 40, s. 4, as was given 
to the confirmation by the sessions under 10 Geo. 4, c. 56, 
s. 8. I cannot doubt that when rules had been so confirmed 
and made binding, a member could not have questioned the 
regularity of the manner in which they were made. Under 
4 & 5 WilL 4, c. 40, s. 3, a new process for confirming the 
rules is given, but the object still was to make them bind 
ing. If, notwithstanding the precaution taken, any rule 
has been certified by the barrister which was not regularly 
made, a remedy would be open to a member who disap 
proves of it by moving its repeal or modification, and if there 
be a majority of the society who agree with him, the wrong 
would be redressed. The defendant’s counsel admit that 
the certified rule is primd facie valid ; but great mischief 
might arise if this were only a presumption to be rebutted, 
as then in every case where a rule is to be enforced evi 
dence might, without notice, be given of some alleged 
irregularity in making it. I cannot doubt that it would 
be for the general benefit of the friendly society that the 
rules, when certified, should be considered binding till 
repealed or altered ; and the language used by the legis 
lature seems to me fairly to bear this construction. I 
therefore think that the nonsuit cannot be supported on 
this ground.