2  12

APPENDIX  OF  CASES.

On  the  appointment  of  a  treasurer  of  a  friendly  society,
it  was  agreed  that  of  the  funds  then  in  hand,  she  was  to  pay
interest  for  £120.  It  was  held  that  this  was  not  to  he  considered ­
  as  a  loan  to  her,  hut  that  it  was  in  her  hands  and
possession  by  virtue  of  her  office  of  treasurer,  within  the
meaning  of  the  4  &  5  Will.  4,  c.  40,  s.  12,  and  that  the
assignees  were  bound  to  pay  over  the  amount  to  the  society  :
Ex  parte  Ray,  3  Dea.  S37.
By  the  rules  of  a  friendly  society  it  was  provided  that
there  should  be  appointed  a  treasurer  or  treasurers,  in
whose  hands  should  be  deposited  all  the  cash  belonging  to
the  society,  until  the  same  should  be  placed  out  at  interest;
.  and  that  as  soon  as  a  sufficient  sum  should  be  collected,  it
should  (after  leaving  in  the  club-box  a  sufficient  sum  to
pay  the  sick  and  other  expenses  of  the  society),  be  deposited
in  the  hands  of  the  treasurer  or  treasurers  of  the  society  ;
and  that  the  clerk  and  two  stewards  should  take  the  same
to  the  bank.  No  formal  appointment  of  treasurer  was
made,  but  the  moneys  of  the  society  were  paid  into  a  bank.
It  was  held  that  the  bankers  were  not  employed  as  officers
of  the  society:  Ex  parte  Orford,  1  De  Gex,  M.  &  G.
483.
A  friendly  society  appointed  a  Joint  Stock  Bank  its
treasurer.  Held,  that  the  treasurer  must  be  a  natural  person
not  a  corporation,  and  that  the  words  of  sect.  15  (7)  as  to
insolvency  do  not  apply  to  proceedings  in  winding-up  a
■  company  :  Ex  parte  Swansea  Friendly  Society,  Law  Rep.
11  Ch.  Div.  768.

G.
Note  to  sect.  16  (9)  of  the  Friendly  Societies  Act,
1879,  AND  SECT.  12  (10)  OF  THE  INDUSTRIAL  AND  PROVIDENT ­
  Societies  Act,  1876.
These  sub-sections  are  to  the  same  effect  as  18  &  19  Viet.
■  c.  63,  s.  24  and  previous  Friendly  Societies  Acts,  with
respect  to  which  the  following  cases  have  been  decided  :—
Where  an  officer  of  a  society  had  received,  as  such,  moneys
-belonging  to  the  society,  and  afterwards  executed  an  assignment ­
  for  the  benefit  of  his  creditors,  and  his  assignees  had
enough  to  repay  the  amount,  but  the  specific  moneys  so
received  were  not  traced  to  the  assignees,  the  assignees  were
held  not  liable  to  be  proceeded  against  under  this  section  :
Ex  parte  O’Donnell,  1  L.  R.  (Q.  B.)  274;  30  J.  P.  279.
The  remedy  given  by  this  section  applies  where  the