APPENDIX OF CASES.
203
when by a resolution of the society, the three defendants
were appointed trustees. At that time the 18 & 19 Viet,
c. 63, repealing 13 & 14 Viet. c. 115, had become law, and
no notice of the resolution was given to the registrar of
friendly societies. At the trial it was argued for the defen
dants, that by the society’s rules, and 13 & 14 Viet. c. 115,
s. 13, the resolutions appointing the trustees ought to have
been transmitted to the registrar to make the appointment
valid, and this not having been done, this action would
not lie; and moreover as to £44, part of the claim, the
defendants could not be liable, because it was for expenses
incurred before their appointment; the plaintiff had a ver
dict, leave being reserved to move for a nonsuit. A rule
nisi having been obtained.
Atherton, Q. 0., and Day, showed cause.
Hawkins and Lewis, contra.
Lord Campbell, C. J.—At the trial I considered the
only serious objection to be, that no notice of appointment
of trustess had been transmitted to the registrar, but that
difficulty is now got over; 13 & 14 Viet, was repealed
before the appointment, and 18 & 19 Viet, confers the
power of appointing trustees without the condition of send
ing the resolutions to the registrar. I think, therefore,
that these defendants were duly appointed trustees, and
are liable to be sued for the whole debt.
Wightman, Erle, and Crompton, J.J., concurred.
Eule discharged.
It is to be borne in mind, however, that the society,
neglecting to send a copy of a resolution appointing a trustee
to the registrar, commits an offence under the Act, and that
sect. 16 (10) exempts the trustees from personal liability.
D.
Note to Friendly Societies Act, 1875, Section 15,
Sub-section 2.
By this, section societies registered under the Friendly
Societies Acts (except indeed specially authorized societies*
as regards which the Treasury usually limit the application
of the Acts so as not to include this privilege) are entitled,
to certain exemptions from stamp duty. The documents;
exempted are more clearly set forth than in previous. Acts;,