APPENDIX OF CASES. 
217 
the end of section 24, “ If any officer having any moneys, 
securities, &e., of the society in his possession, shall with 
hold or misapply the same.” That clearly means a with 
holding or misapplying under circumstances importing 
misconduct. And this is confirmed by the proviso at the 
end of the section : “ Provided that nothing herein con 
tained shall prevent the said society from proceeding by 
indictment against the said party ; provided also, that no 
person shall be proceeded against by indictment, if a con 
viction shall have been previously obtained for the same 
offence under the provisions of this Act.” It is evident 
that the section intended to create an offence. Fraud and 
misrepresentation being negatived, I think the decision of 
the magistrate was right. 
Keating, J., concurred. 
Decision affirmed ; costs to he set 
off against the debt due from the 
respondent to the society. 
H. 
Note to Section 22 of the Friendly Societies Act, 
1875, and Section 14 of the Industrial and 
Provident Societies Act, 1876. 
_ The following cases have been decided under the pre 
visions of former Acts relating to the settlement of dis 
putes :— 
Upon a reference before arbitrators, they may decline to 
hear counsel : In re Macqueen, 9 C. B. (n. s.) 793. 
_ Where, by acquiescence of the society, justices decide a 
dispute in a case where the rules did not direct disputes to 
be referred to them, the court refused to grant a certiorari 
°n the application of the society : R. v. IVest London 
Philanthropic Burial Society, 33 J. P. 614. 
The direction of the Acts, as to the reference of disputes, 
has the effect so far as regards such disputes, of excluding 
the jurisdiction of the superior courts : Crisp v. Bunbury, 
8 Bing. 394 ; Timms v. Williams, 3 Q. B. 413. In Ex parte 
Payne, 5 Dowl. & L. 679, by the rules of a benefit building; 
society, it was provided that all matters in dispute s&mjM 
be referred to justices, in pursuance of 10 Geo.. 4,, e. 56,