APPENDIX OF CASES.
227
Mellish (Patchett with him), for the defendants.—The
6th section of 25 & 26 Yict. c. 87, shows that the property
remains in the trustees until registration under that Act.
By the 48th section of 18 & 19 Viet. c. 63, that Act is to
apply to all provident societies under 15 & 16 Viet. c. 31,
and by sect. 19, actions are to be brought by or against the
trustees.
Cockburn, C. J.—The Act of 1852, and the subsequent
Acts have been repealed by 25 & 26 Viet. c. 87, and that
statute contemplates that these societies would acquire a
new status by being incorporated, and it is for the purpose
of registration onty under the new Act that these societies
can be said to he any longer in existence. All their rights
and liabilities under the former Acts, in the absence of
any saving clause, must have ceased with the repeal of the
Acts under which they were constituted.
Wiohtman, J.—There are no words in the new Act to
keep alive the provisions of the old Acts in the event of a
society not registered under the new Act. The legislature
no doubt did not contemplate such a case.
J udgment for the defendants.
L.
Note to Section 11 (1) of the Industrial and
Provident Societies Act, 1876.
Linton v. The Blakeney Joint Industrial Provident
Society, 34 L. J. (Exch.) 211.—Industrial and Provident
Societies Act, 1862 (25 dc 26 Viet. c. 87); liability for debts
incurred before the Act.
A provident society formed before the passing of. the Industrial
and Provident Societies Act, 1862 (25 c5 26 Viet.
c • 87), but incorporated by certificate of registration under that
Act cannot be sued in its corporate capacity for a debt incurred
before the Act in an action commenced after the Act.
This was an action brought against the defendants in
their corporate name to recover k a debt incurred by the
society before the passing of the Industrial and Provident
Societies Act, 1862.
The society was formed under the Industrial and Provident
Societies Act, 1852 (15 & 16 Viet. c. 31), while that
