Al’PENDIX  OP  CASES.

201

Erle,  J.  (after  reviewing  all  the  enactments  at  length).—
The  words  of  the  section,  (a)  the  purview  of  the  statute,  the
provisions  of  other  statutes  in  pari  materid,  and  expediency,
lead  me  to  the  conclusion  that  the  certificate  of  the  barrister
hoes  not  create  a  rule  or  amendment,  but  fixes  the  time
when  it  becomes  operative,  and  that  the  defendant  is  entitled
to  succeed.
Watson  and  Rew.—The  defendant  is  still  entitled  to  keep
the  money  until  his  successor  is  appointed.  No  good  successor ­
  to  him  has  been  appointed  under  the  new  rules.
Atherton  and  Cowling,  contra.—The  12th  rule  of  the
society  refers  to  13  &  14  Viet.  c.  115,  ss.  12,  13,  and  introduces ­
  so  much  of  them  as  relates  to  the  funds  of  the  society.
The  treasurer,  therefore,  is  a  mere  banker  of  the  society  ;
and  the  trustees,  though  not  entitled  to  keep  the  money,
have  that  legal  interest  in  it  which  entitles  them  to  sue  and
maintain  the  action.
Lord  Campbell,  C.  J.  —I  think  the  nonsuit  ought  to
stand,  the  plaintiffs  having  made  out  no  right  to  sue.  We
must  now  assume  that  the  new  rules  are  binding  ;  but  they
have  not  been  pursued.  Instead  of  making  one  of  the
three  trustees  a  treasurer,  three  trustees  are  appointed,  and
a  fourth  person  is  made  treasurer.  Supposing  the  election
of  trustees  to  be  good,  what  right  have  they  to  claim  the
money  2  The  learned  counsel  reverted  to  the  Acts  of
parliament,  but  they  are  superseded  by  the  new  rules  in  this
respect.  And  under  13  &  14  Viet.  c.  115,  money  does  not,
before  it  is  invested,  vest  in  trustees  of  whom  no  one  is
treasurer  (b).
Coleridge,  J.—I  am  of  the  same  opinion.  The  plaintiffs
were,  I  think,  well  appointed  trustees  ;  till  then  the  money
Was  clearly  in  the  treasurer.  Then,  how  does  it  come  to  the
trustees  ?  One  suggestion  rather  surprised  me—-that  the  simple ­
  election  of  the  trustees  gave  them  the  funds  of  the  society.
In  all  the  Friendly  Societies  Acts  you  find  clauses  directing

(a)  The  arguments  of  the  learned  judge  are  not  applicable  to
the  provisions  of  the  Act  of  1875.
(5)  Under  sect.  16,  (3)  of  the  Friendly  Societies  Act,  1.875,
however,  all  property  of  a  society  vests  in  its  trustees,  who  have
the  right  under  sect.  20  to  call  upon  every  officer  to  render  an
account  and  to  pay  over  all  moneys  to  such  person  as  they
appoint.