sums, if any, which he may have since paid on account of the said society; and in such action the said trustee or trustees shall be entitled to recover their full costs of suit to be taxed as between attorney and client.*

Property, how

officer die or become

bankrupt.

SEC. 23. If any person already appointed or employed, or hereafter to be appointed or employed, to or in any office in any Friendly Society established under this Act, or under any of the Acts hereby recovered if repealed, whether such appointment or employment was before or after the legal establishment of such society, and having in his hands or possession, by virtue of his office, any moneys or property whatsoever of such society, or any deeds or securities belonging to such society, shall die, or become bankrupt or insolvent, or have any execution or attachment, or other process, issued against him or any part of his property, or shall have any action or diligence raised against his lands, goods, chattels, or effects, or property or other estate heritable or moveable, or shall make any assignment, disposition, assignation, or other conveyance, for the benefit of his creditors, the heirs, executors, administrators, or assignees of every such officer, and every other person having or claiming right to the property of such officer; and the Sheriff or other person executing such process, and the party using such action or diligence respectively, shall, upon demand. in writing made by the treasurer, or by the trustee or any two of the trustees of such society, or any person

* A treasurer of a Building Society is only a bailee of moneys which he receives on account of the society, and does not become a debtor to the society; and, consequently, when he is robbed of the society's moneys, he is discharged from liability to repay the amount by the robbery. Walker v. British Guarantee Association, 16 Jur. 885; 21 L. J., Q. B. 257.

appointed at some meeting of the society to make such demand, deliver and pay over all such moneys, property, deeds, and securities belonging to such society to such persons as such treasurer or trustees shall appoint, and shall pay out of the estate, assets, or effects heritable or moveable, of such officer, all sums of money due which such officer shall have received, before any other of his debts are paid, and before any other claims upon him shall be satisfied,* and before the money directed to be levied by such process as aforesaid, or which may be received or recoverable under such diligence, is paid over to the party issuing such process or using such diligence, and all such assets, land, goods, chattels, property, estates, and effects, shall be bound to the payment, discharge, and satisfaction of such claims.†

SEC. 24. If any officer, member, or other person being or representing himself to be a member of such Punishment society, or the nominee, executor, adminisof fraud in trator, or assignee of a member thereof, or any

withholding

money. person whatsoever, by false representation or imposition shall obtain possession of any moneys, securities, books, papers, or other effects of such society, or having the same in his possession shall withhold or

The preference given to Friendly Societies over other creditors is confined to debts in respect of money in the hands of their officers by virtue of their offices, and independent of contract, therefore it does not extend to money held by the treasurer upon the security of his promissory note, payable, with interest, upon demand. Exp. Stamford Friendly Society, 15 Ves. 280.

† The Rules of a Friendly Society provided that the treasurer retaining upwards of £10 more than seven days after he was required to pay it over, should be excluded from the society; they also decided that a particular firm should be Bankers of the society, with power for a General Meeting to appoint other Bankers. Held that the Bankers for the time being were not officers, so as upon their bankruptcy to entitle the society to payment in full. Harris (ex parte), 1 De Gex 162.

misapply the same, or shall wilfully apply any part of the same to the purposes other than those expressed or directed in the Rules of such society, or any part thereof, it shall be lawful in England for any Justice of the Peace acting in the county or borough in which the place of business of such society shall be situated, upon complaint made by any person on behalf of such society (and now by Sec. 9 of 23 & 24 Vic. c. 58, may also be made by the Registrar), to summon the person against whom such complaint is made to appear at a time and place to be named in such summons, and any two Justices present at the time and place mentioned in such summons shall proceed to hear and determine the said complaint in manner directed by the Act passed in the 11 & 12 years of the Queen, c. 43, " An Act to Facilitate the Performance of the Duties of Justices of the Peace out of Sessions, within England and Wales, with respect to Summary Convictions and Orders;" and in Scotland every such offence may be prosecuted by summary complaint at the instance of the Procurator-fiscal of the county, or of the society, with his concurrence, before the Sheriff; and if the said Justices or Sheriffs respectively shall determine the said complaint to be proved against such person, they shall adjudge and order him to deliver up all such moneys, securities, books, papers, or other effects, to the said society, or to repay the amount of money applied improperly, and to repay, if they think fit, a further sum of money not exceeding £20, together with costs not exceeding 20s.; and in default of such delivery of effects or repayment of such amount of money, or payment of such penalty and costs aforesaid, the said Justices or Sheriffs may order the said person so convicted to be imprisoned in the common gaol or house of correction, with or without hard labour, for

any time not exceeding three months: provided that nothing herein contained shall prevent the said society, or in Scotland Her Majesty's Advocate, from proceeding by indictment against the said party: provided also that no person shall be proceeded against by indictment if a conviction shall have been previously obtained for the same offence under the provisions of this Act.

Trustees may

a hospital

or provident

institution,

SEC. 39. The trustees of any Friendly Society may, out of the funds thereof, subscribe to any hospital, infirmary, charitable or other provident instisubscribe to tution, such annual or other sum as may be agreed upon by the committee of management, or by a majority of the members at a meeting called for that purpose in consideration of any member of such society, his wife, child, or other person nominated, being eligible to receive the benefits of such hospital or other institution, according to the Rules thereof.

Returns to the Registrar, when

be made.

SEC. 45. The trustees of Friendly Societies established under this Act, or under any of the repealed Acts, or the officer thereof appointed to prepare returns, shall once in every year, in the months of and how to January, February, or March, transmit to the Registrar a general statement of the funds and effects of such society during the past twelve months, or a copy of the last annual report of such society, and shall also, within three months' after the expiration of the month of December, 1855, and so again within three months after the expiration of every five years succeeding, transmit to the said Registrar a return of the rate or amount of sickness and mortality experienced by such society within the preceding five years, in such form as shall be prepared by the said Registrar, and an abstract of the same shall be laid

a

before Parliament; and the Registrar shall also lay before Parliament every year a report of his proceedings in his office of Registrar, and of the principal matters transacted by Friendly Societies which have come under his cognizance during the past year.

By Sec. 7 of the Act 23 and 24 Vic. c. 58, it is enacted, that if default shall be made in transmitting to the Registrar before the 1st day of June in each year the general statement or copy of not making the last annual report of any society, in com

Penalty for

annual

return.

pliance with the above provisions, the officer making default shall be liable to a penalty of 20s., to be recovered, with costs, at the suit of the Registrar.