214

APPENDIX  OF  CASES.

vent  proceedings  by  indictment,  although  the  offender  may
he  a  member  of  the  society.  In  Rexv.  Hall,  1  Moo.  0.  0  474,
it  was  held  to  be  embezzlement  for  a  member,  who  was  also
the  secretary  of  a  society,  fraudulently  to  withhold  money
received  on  account  of  the  society.  But,  on  this  point,  see
31  &  32  Viet.  c.  116,  Part  II.,  ante.
The  remedy  given  by  this  section  does  not  take  away  the
common  law  remedy  by  action  :  Sindenv.  Banks,  3  E.  &  E.
■623  ;  30  L.  J.  (Q.  B.)  102.
Assumpsit  for  money  had  and  received  might  be  maintained ­
  against  one  who  had  been  a  member,  for  money
intrusted  to  his  keeping  by  the  rest  of  the  society  :  Sharpe
v.  Warren,  6  Price,  131.
A  petition  was  presented  by  the  officers  of  a  friendly
■society,  enrolled  under  the  10  Geo.  4,  c.  56,  seeking  to
enforce  payment  by  two  members  of  the  society  of  a  sum
of  money,  part  of  the  funds  of  the  society,  with  which  they
had  been  intrusted  by  the  other  members.  It  appeared
that  at  a  general  meeting  it  was  resolved  that  the  funds  of
the  society  should  be  got  in  and  divided,  and  then  that  the
society  should  be  dissolved.  Subsequently,  a  portion  of
the  funds  had  been  delivered  to  the  respondents,  in  order
that  they  might  deposit  it  in  the  bank  at  Carmarthen.
The  money  was  accordingly  deposited  by  them  in  the
hank,  but  they  subsequently  drew  it  out,  and,  notwithstanding ­
  frequent  demands  made  upon  them,  they  had  not
replaced  it,  and  it  was  now  sought  to  enforce  payment  of
such  moneys.  Stuart,  V.-C.,  said  the  justice  of  the  case
was  clear,  and  accordingly  made  the  order  asked  for  :  In
re  Briton  Friendly  Society,  20  Nov.,  1852,  ex  rel.  W.  Tidd
Pratt.
Upon  an  indictment  for  obtaining  money  under  false
pretences,  it  appeared  that  in  the  month  of  July  the  prisoner
asked  the  prosecutrix  to  belong  to  a  burial  club,  which  he
praised  as  strong  and  respectable,  and  which  he  said  had
£7,000  in  a  bank.  He  did  not  then  induce  the  prosecutrix
to  become  a  member.  A  month  afterwards  he  went  again,
and  “  still  praised  the  club,”  but  said  nothing  of  the  ,£7,000.
The  prosecutrix  then  subscribed  :—Held,  that  the  jury
might  connect  the  two  statements,  and  the  statement  as  to
the  £7,000  being  false,  they  found  that  the  prisoner  had
•obtained  the  money  by  that  false  pretence  :  Rea.  v.  Welman
1  C.  C.  R.  189.
Obtaining  money  by  the  secretary  of  a  society  from  a
member,  by  telling  him  he  owed  it  to  the  club,  whereas  he
owed  part  only  Held  to  be  obtaining  money  by  false
pretences  :  Reg.  v.  Woolley,  1  Den.  559.