210
APPENDIX OP CASES.
If the Intestate die, His personal Representatives
leaving take as follows:—
Brother or sister, and chil- Half to brother or sister per
dren of a deceased brother head, half to children of
or sister. deceased brother or sister
by families.
Grandfather and brother , All to brother.
A study of the contents of this table may afford to mem
bers of Friendly and Industrial Societies good reason why
they should exercise the privilege of nomination, which has
been extended to them, and is now so completely un
restrained that the member may nominate any person what
ever, whether related to him or not, with the restriction
only that the nominee, if a stranger in blood, is not to be
an officer or servant of the society.
F.
Note to sect. 15, sub-sect. 7 op the Friendly Societies/.
Act, 1875.
Preference is given to a society on the bankruptcy or
insolvency of an officer having in his possession by virtue
of his office any money or property belonging to the society,
as well as on the death of such officer. This is a provision
well characterized by Lord FjLdon {Ex parte Ross, 6 Ves. 802)-
as “ very liberal, and perhaps more liberal than just, that
all creditors, however meritorious, shall be sacrificed to the
demand of a friendly society.” It was believed that the
provision of the Bankruptcy Act, 1869 (32 & 33 Viet. c. 71,
s. 32) by which all debts provable under a bankruptcy are
to be paid pari passu, except rates and taxes, and the wages-
of clerks and servants, had operated to repeal the priority
of friendly societies given by former statutes, though on
this point county court judges had given conflicting deci
sions {Re Matthews, Ex parte the Society of Women, held at
the Blacksmith’s Arms, Mynnddislwyn ; County Courts-
Chronicle, 1st May, 1872 ; Re Keywortli, Ex parte the Society
of Good Samaritans, Lincoln, Law Times, 24th August,.
1872). The statute now expressly restores it.
Under the old statutes, the following decisions have
been given, and appear still to be applicable :—
The circumstance of the society not having audited the
treasurer’s accounts, was held not to deprive it of the