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  toallow
  interest  upon  deposits,  and  the  treasurer  acknowledged ­
  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  nopower
  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  toreceive
  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.