APPENDIX OP CASES. 
229 
make a distinction between actions already begun and 
actions not yet begun. But the decision of the Common 
Pleas is express, and the legislature may have intended 
merely to avoid the inconvenience which would otherwise 
have arisen in the case of proceedings in progress at the 
time of the passing of the Act. 
Channell, B., concurred. 
Buie absolute. 
M. 
Note to Section 17 op the Industrial and Provident 
Societies Act, 1876. 
In re Sheffield Co-operative and Industrial Society; 
Fountain’s Case, 13 W. R. C67.—Joint stock company; 
winding up; contributory; Industrial and Provident Societies 
Act, 1862, s. 20; Companies Act, 1862, s. 74. 
An industrial and provident society established with un 
limited liability under 13 4' 14 Viet. c. 115, was subsequently 
registered with limited liability under the Industrial and 
Provident Societies Act, 1862 (25 fy 26 Viet. c. 87), for the 
purpose of being wound up. On an application to place on 
the list of contributories a person icho held shares fully paid 
up before the subsequent registration, held, that on the true 
construction of the last-mentioned Act, and of the Companies 
Act, 1862, such a shareholder could not be made liable as a 
contributory. 
This was an application on behalf of the official liqui 
dator of “ The Sheffield and Hallamshire Ancient Order of 
Foresters Co-operative and Industrial Society (Limited)” 
to place the names of R. Fountain and G. E. Swift on the 
list of contributories in respect of their shares. 
The society was formed in 1861 under the Industrial and 
Provident Societies Act, 1852 (13 & 14 Viet. c. 115), and 
15 & 16 Viet. c. 31, with unlimited liability. A petition 
was presented to the Master of the Rolls that the society 
might be wound up, blit his Honour considered that, the 
Industrial and Provident Societies Act, 1852, having been 
repealed by the Act of 1862, he had no jurisdiction to make 
the order. The matter was then mentioned to the Lord 
Chancellor, who confirmed the decision of the Master of the 
Rolls, and said that the society should he registered under 
. the Industrial and Provident Societies Act, 1862. This