APPENDIX OP CASES. 
231 
company previous to the registration.” The case of Gar 
nett v. Moseley Gold Mining Company, in the Exchequer- 
Chamber, had no application to the case of contribution. 
On what was the notion of contribution founded ? Accord 
ing to the rules of partnership. But that contract of part 
nership as it existed, and with respect to which only the 
court had power to enforce contribution, was one which 
excluded all liability to contribute, because the parties had 
paid to the full amount of their shares. It was not neces 
sary to consider what were the rights of the creditors, but 
only whether where a company was a limited partnership,, 
and had become the subject of a winding-up order, the 
members of that company, who, on the principle of limited 
partnership had nothing to contribute, must contribute in 
respect of the rights of creditors who might have claims 
against the company. At the time when the winding-up 
order was made, his Lordship thought he had no such 
power. There might be some failure of justice, but that 
would not warrant a construction that would have the effect 
of adding a new clause to the Act of 1862. It appeared to 
him that these two gentlemen were not liable. The official 
liquidator must pay the respondents’ costs, and have his 
costs out of the estate. 
N. 
Note to Section 16, Sub-section 7, op the Friendly 
Societies Act, 1875, and Section 12, Sub-section 8, 
op the Industrial and Provident Societies Act, 
1876. 
These sub-sections are similar to sect. 42 of the Building 
Societies Act, 1874, which is a re-enactment of sect. 5 of 
the Benefit Building Societies Act, 1836 (6 & 7 Will, 4, 
c. 32), and has recently received judicial interpretation from 
Sir George Jbssel, M. R., in the case of the Fourth City 
Mutual Building Society v. Williams (Law Rep. 14 Ch. Div. 
140). This case shows very clearly the advantage a society 
possesses in being able, by a mere receipt, to discharge 
itself from all responsibility of inquiring to whom the legal 
estate ought to be conveyed. See Repiort of Chief Registrar 
of Friendly Societies for 1879, pp. 28, 29.