80
38 & 39 Vict. Cap. 60, s. 17.
(10.) Trustees not to be personally liable.—Trustees of a
society [or branch] are not liable to make good any defi
ciency in the funds of such society [or branch], but are liable
only for moneys actually received by them respectively on
account of such society [or branch] (a).
17. Investments with National Debt Commissioners.—With
respect to the investments of funds with the Commissioners
for the Reduction of the National Debt, the following pro
visions shall have effect (1>) :
1. The society [or branch] may pay to the account of the
commissioners of the Bank of England or Ireland
any sum of money not less than fifty pounds upon a
declaration of the trustees of the society [or branch],
or any two of them, that such moneys belong exclu
sively to the society [or branch],
2. The cashier of the bank shall receive all such moneys
and place the same to the account of the commis
sioners in the book of the bank named “ The Fund
for Friendly Societies:”
3. All moneys paid in upon a false declaration shall be
forfeited to the commissioners, and applied by them
in the manner directed by the twenty-sixth and
twenty-seventh Victoria, chapter eighty-seven, sec
tion thirty-eight :
4. The provisions of the twenty-sixth and twenty-seventh
Victoria, chapter eighty-seven, sections twenty-one
(except so far as the same may be repealed by any
Act to be passed in this session of parliament) (c),
twenty-two, twenty-four, twenty-five, twenty-six,
moneys of the society which have come to his hands as treasurer,
it must be shown that he has been guilty of some fraud or mis
representation. Mere inability to pay over the money to the
trustees is not enough: Barrett v. MarJcham, L. R., 7 C. P. 405.
See Appendix, Note E.
(a) This is a re-enactment of 18 & 19 Vict. c. 63, s. 20.
(5) This section is a re-enactment, in a more intellgible form,
of the provisions of sects. 33, 34 and 35 of 18 & 19 Vict. c. 63.
(e) No such Act was passed; but an alteration in the section
referred to was proposed by a bill in 1875 that was ultimately
withdrawn.