APPENDIX OF CASES. 
211 
priority given by this section, and the filing and service of' 
a hill by the trustees to enforce such right, held to be a 
demand in -writing within the section : Absalum v. Gethin, 
11 W. R 332 ; 32 Beav. 322. 
The priority of payment applies only to moneys received 
by an officer by virtue of his office, independent of contract. 
Thus, it was held upon the construction of 33 Geo. 3, 
c. 54, s. 10 (similar to this section), that the section did not 
apply to a debt due from an officer in his individual, and 
not in his official, character : Ex parte The Amicable Society 
of Lancaster, 6 Ve3. 98 ; nor to money held by a person not 
appointed treasurer, or by the treasurer upon notes carrying 
interest : Ex parte Ashley, 6 Yes. 441 ; Ex parte Ross, 
Id. 802 ; Ex parte Stamford Friendly Society, 55 Ves. 280 
and see Ex parte Buckland, 1 Buck. 514 ; Anon. 6 Mad. 98. 
Where the treasurer of a savings bank was partner in 
a bank into which all moneys received by the manager 
were paid to the credit of the trustees, and interest 
allowed thereon, it being the custom of the bankers to- 
allow interest upon deposits, and the treasurer acknow 
ledged from time to time the balance to be moneys in his 
hands as treasurer, it was held under a similar clause in a 
Savings Bank Act to that now under consideration, that 
such balance was to he deemed as in his hands as treasurer, 
and that the trustees were entitled to recover the amount 
in full : Ex parte Riddell, 3 Mont. D. & G. 80. 
An actuary of a savings bank, who by the rules had no- 
power to receive money, but was allowed to do so by the 
manager, was held not to have received it by virtue of 
his office, and therefore, the trustees of the bank had no 
priority over the other creditors : Ex parte Jardine, 10 L. J.. 
(n.s.) (B.) 11; 1 Fonblanqrm, 324. 
The rules of a friendly society provided that the treasurer 
retaining upwards of i!10 more than seven days after he 
was required to pay it over, should be excluded from the 
society. They also provided that a particular firm should; 
be the bankers of the society, with power for a general 
meeting to appoint other bankers. It was held that the 
bankers for the time being were not officers : Ex parte 
Harris, 1 De Gex, 162. 
Country bankers appointed by a friendly society to- 
receive moneys and to transmit them to their London 
agents for the purpose of investment in the Bank of 
England ta the account of the Commissioners of the 
National Debt, were held not to be appointed to an office 
within the meaning of the Act 4 & 5 Will. 4, c. 40, s. 12 
Hx parte Whipham, 3 Mont. D. & D. 564.