APPENDIX OP CASES.
205
there enumerated all relate to matters of a comparatively
small amount, and are of the character I have mentioned,
and the general words must he construed by reference to
■the particular terms which precede them, and must be
taken to refer to matters ejnsdem generis with them. But
we have had presented to our attention the case of Walker
v. Giles, 6 C. B. 662 (a), followed by other cases, in which
it was held that the words of the corresponding section of
the earlier Act applied to mortgages made to the society by
strangers, and were not confined to mortgages by their own
members. In that Act, however, the words “nor other
security” occurred after the word “bond,” and it is possible,
and I am far from thinking it improbable, that those words
were omitted by the legislature in consequence of the
decision in that case. What the legislature meant was to
exempt transactions relating to small sums, and to official
■acts and the conduct of internal business ; they therefore
left out the words “ nor other security ” for the purpose of
confining the exemption to bonds, and to such bonds as are
required in the administration of the society’s affairs. If
the transfer of a mortgage to the society is exempt, it is
impossible to exclude from the exemption the case of an
original mortgage to them, where by universal usage the
duty with other cost of conveyance is to be paid not by
them but by the mortgagor. It is impossible without
clear words to suppose that the legislature can have done
anything so mischievous or so contrary to equity as to
extend exceptional privileges, not only to the society, but
to all those that deal with it.
We must therefore either read the words as applicable
only to cases where by usage or under the contract the
society would have to pay the duty, for which, however,
there is no authority, no such limitation being expressed
in the Act, or we must read the section as referring to
acts, such as a power of attorney, which bring into exist
ence or create the possibility of negotiation, acts which
are in a manner exclusively the acts of the society, or
of its officers and members in their relation to it and to one
another.
Martin, B.—I am of the same opinion. It is obvious
both from 13 Geo. 4, c. 56, and 18 & 19 Viet. c. 63, that the
object of the legislature was to relieve these societies and
(«) This case related to a Benefit Building Society under
6 & 7 Will. 4, c. 32.