.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  investment, ­
  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  treasurer ­
  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  amendment ­
  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  appointment.

This  was  an  action  upon  a  printer’s  bill  brought  against
the  defendants  as  trustees  of  a  friendly  society  duly  registered ­
  and  certified  May  28,  1855,  when  13  &  14  Yict.  c.  115,
was  law.  No  trustees  were  appointed  until  March4,1856,