.202
APPENDIX OF CASES.
the money to be invested in the names of the trustees : how
could their mere appointment give them what is in other
hands 2 Then, as to the new rule 12, the treasurer is to
invest, if the sum in his hands exceed £50. Till the invest
ment, therefore, the money must he in his hands. The
provisions of 10 Geo. 4, c. 56, do not interfere with this
view. According to them the money is to be in the hands
of a single person, called indifferently treasurer or trustee.
The essence of the provision is, that the person who is
really treasurer has the custody of the money. Then
reliance is placed on 13 & 14 Yict. c. 115, but the new rules
would supersede the provisions there—though, indeed, I
think that sect. 13, compared with sect. 12, gives the trea
surer the custody of the money till it is invested.
Wightman, J., and Erle, J., were of the same opinion.
Rule discharge! 1 -
With regard to the effect of these cases, it is to be borne
in mind that by the present Acts, an acknowledgment of
registry is conclusive evidence that the society is registered,
unless it be proved that the registry has been suspended or
cancelled, and so also an acknowledgment of registry of an
amendment of rule in conclusive evidence that such amend
ment is duly registered.
C.
Note to Friendly Societies Act, 1875, s. 14.
By this section every registered society is required to>
appoint trustees, and send to the registrar a copy of the
resolution of appointment. To this it would seem the
principle ot the following case is applicable :—
Beckett v. Willett, 5 W. R. 622.—Where trustees of a
friendly society, established under 13 d- 14 Viet. c. 115, ivere
appointed after 18 <£- 19 Viet. c. 63, had become law, held,
that it was not necessary to send to the registrar the resolution
appointing the trustees, and that such trustees viere liable to be
sued for the debts of the society incurred before their ap-
pointment.
This was an action upon a printer’s bill brought against
the defendants as trustees of a friendly society duly regis
tered and certified May 28, 1855, when 13 & 14 Yict. c. 115,
was law. No trustees were appointed until March4,1856,