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  defendants, ­
  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  verdict, ­
  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difficulty  is  now  got  over;  13  &  14  Viet,  was  repealed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  sending ­
  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;,