214 
APPENDIX OF CASES. 
vent proceedings by indictment, although the offender may 
he a member of the society. In Rexv. Hall, 1 Moo. 0. 0 474, 
it was held to be embezzlement for a member, who was also 
the secretary of a society, fraudulently to withhold money 
received on account of the society. But, on this point, see 
31 & 32 Viet. c. 116, Part II., ante. 
The remedy given by this section does not take away the 
common law remedy by action : Sindenv. Banks, 3 E. & E. 
■623 ; 30 L. J. (Q. B.) 102. 
Assumpsit for money had and received might be main 
tained against one who had been a member, for money 
intrusted to his keeping by the rest of the society : Sharpe 
v. Warren, 6 Price, 131. 
A petition was presented by the officers of a friendly 
■society, enrolled under the 10 Geo. 4, c. 56, seeking to 
enforce payment by two members of the society of a sum 
of money, part of the funds of the society, with which they 
had been intrusted by the other members. It appeared 
that at a general meeting it was resolved that the funds of 
the society should be got in and divided, and then that the 
society should be dissolved. Subsequently, a portion of 
the funds had been delivered to the respondents, in order 
that they might deposit it in the bank at Carmarthen. 
The money was accordingly deposited by them in the 
hank, but they subsequently drew it out, and, notwith 
standing frequent demands made upon them, they had not 
replaced it, and it was now sought to enforce payment of 
such moneys. Stuart, V.-C., said the justice of the case 
was clear, and accordingly made the order asked for : In 
re Briton Friendly Society, 20 Nov., 1852, ex rel. W. Tidd 
Pratt. 
Upon an indictment for obtaining money under false 
pretences, it appeared that in the month of July the prisoner 
asked the prosecutrix to belong to a burial club, which he 
praised as strong and respectable, and which he said had 
£7,000 in a bank. He did not then induce the prosecutrix 
to become a member. A month afterwards he went again, 
and “ still praised the club,” but said nothing of the ,£7,000. 
The prosecutrix then subscribed :—Held, that the jury 
might connect the two statements, and the statement as to 
the £7,000 being false, they found that the prisoner had 
•obtained the money by that false pretence : Rea. v. Welman 
1 C. C. R. 189. 
Obtaining money by the secretary of a society from a 
member, by telling him he owed it to the club, whereas he 
owed part only Held to be obtaining money by false 
pretences : Reg. v. Woolley, 1 Den. 559.