The Sun.
London, England, 1838-10-01 00:00:00

J- ..‘ ~-
IMPORTANT TO BENEFIT SOCIE• - i
TIES.
"4: IWY;
(From the Birmingham Adveflit'''.!;;",-' --
a..„...5 ~..
At the Public Office on Monday last the; ei•Zilitill'ilttotr.4„-' ._,
and important case came before FRA N C 14: . ‘10.4104.141444)'' r‘e
LIAM BEALE, Esqrs., for sajudication. '.445- ~--7-:'7-2:a?: ',. iv" v=z...,te ,-ss)
- ae--,e estNere,
Edward Cook, the steward of the Bene , - . i ~.. .
its meetings at the Dog and Duck, Edmund '' - ---.-
to answer a summons granted to John Nimm, a'' NAN kl-
Society, for refusing to ray the said John ,Nimm the sum of
three pounds, which, by the twenty. second section of the So-
ciety's articles, he considered himself entitled to towards the
funeral of his wife. The articles wet,' exhibited and read, and
the Magistrate called upon Mr. Cook-to say why he refused
the demand ?
Edward Cook—Why, Sir, I consider he has no,,elsimupon
us for this funeral at all; the articles say, " if a member's tiifc
dies, he shall be paid three pounds towards funeral expenses ;"
and we paid him only a year or two ago that sum towards his
first wife's funeral, and as the articles don't say wives, but wife,
we consider we have discharged his claim upon us.
Mr. LLOYD-7 hat is a construction of the arcles that amounts
to a restrictio3 upon your members ever consoling themselves
with another wife after the decease of the first. So construed,
it is indeed, a clause of pains and penalties; but I can allow
no such interpretation to be put upon it ; - the spirit of all Be-
nefit Societies is mutual promotion of domestic comfort, but
such a clause would preclude a man, after contributing all his
life towards your funds, from a most material reimbursement
of expenses, attendant upon one of the greatest calamities that
can befal a man. The Steward of this Society has stated his ease
clearly and forcibly, and has proved himself a worthy disciple
of the learned Vicar of Wakefield, Doctor Primrose, whose elo-
quent discourses in support of his favourite doctrine, monogamy,
are no doubt familiar to most of my Learned Friends below
me. lam obliged to come to an opposite conclusion to that
of Doctor Primrose and the Steward of the Dog and Diick '
Society, and must make an order for the three pounds and costs.
Several other cases, arising from the erroneous interpreta- -
tient: put upon the articles of Benefit Societies by their mem-
bers were also heard, and disposed of.
Benjamin Parsons was summoned for non:payment of* two
pounds one shilling, and Joseph Abnett for the sum of two
pounds six shillings, by Joseph Smallwood, the Steward of a
Benefit Society held at the Swan, in Little Charles-street.
Mr. Edmonds appeared for the defendant Parsons, and ar-
gued that his client was clearly liberated from all claim of the
Stewards of the Society. The Magistrates had held on seve .
ral former occasions, that after exclusion had t:sken place, b y
the silent operation of the articles, no claim could be set up fo r
asSequent fines. In this ease nearly a-year had elapsed an d
no summons had been applied for; the party had, it was true,
been conventionally taken into membership, but it was only
partially ; nor could be be considered amenable to fines for irre-
gularity after his legal expiration of membership. Four nights
were all that could be claimed, at least so it bad been held in
this office, in many decisions which he had no doubt Mr.
Lloyd would remember. lie did not mean to say it was
a decision not open to revision ; but there was no doubt but
that it was the uniform practice of the Magistrates in this place.
Mr. ',nom said he was obliged to art ive at a different judg-
ment, for he could not see how any man could acquire partial
membership, or the rights of membership at all, sinless subject
to the conditions which membership imposed upon all alike.
It was true, in this case, the defendant was, according to the
phraseology of the articles, " liable to be excluded ;" now-was
Snot any one who came by misconduct within the operation of
a penal statute, equally liable to penalties ? But no penalties
could be inflicted withotit a process;
,there must be the con-
viction
of a jury, and the sentence of a judge; unless, there-
fore, proof was before him, that a resolution r the defendant's
exclusion had passed at a meeting of.the Society, he (Mr.
Lloyd) must consider him still a member. The Society had
received foiir monthly contributions singe the period at which
he had made himself liable to exclusion, and by this they recog-
nised him as a member. Ile should, therefore, order the charges
which had been read over, and which appeared sanctioned by
the articles, with the exception of beer money, to be forthwith
paid.

Mr. Edmonds said, there was another objection which he
considered fatal to the adjudication of a Magistrate at all, and
it.was this : that by a special agreement, forming one or
the articles enrolled with the Clerk of the Peace, " all fines,
_penalties, and charges whatsover, were to be sued for in the
'Conet of Requests." All bad-agreed to this =idiot* arbit-
trement, and as this suit was upon the articles, by their articles
must the Officers of the Society abide.
Mr. LLOYD said, he considered no agreement could over-
rule the statute law of the country. The Magistrates acted
upon statues made and provided for Benefit Societies, and
their contrcul he considered absolute, and not to be preju-
diced or interfered with by special contract between parties
subject to it by Act of Parliament.
Mr. LLovn appealed to Mr. Spurrier, tho senior legal ad-
viser of the. Magistrates, for corroboration of his view of the
case. Mr. Spurrier, Mr. Gem, and Mr. Griffiths, concur-
ring with Mr. Lloyd, an order was made.
Daniel Hill, a member of the Benefit Society meeting at the
Dolphin, in Unett-strcet, was summoned at the instance of
Thomas Gregg, the Society's Steward, for contribution money
and fines, amounting to eleven shillings and sixpence.
On Mr. LLOYD asking him what objection he had to take
to an order upon him for the amount? Hill replied, he bad
been deceived by false representations when -he joined the
club, far the members were not upon an equal footing, he
being a young man, but the rest of the club were all old ones,
and he did not deem it fair to contribute his savingi to main-
tain them.
---- Mr. LLava.—You do not, then, consider yourself a quAi-
fied member for a Sexagenarian Club? I do not wonder at
your dissatisfaction, and I fear many members of Benefit So-
cieties have like reason to complain of the imperfect nature of
their organisation. You had better leave the Club, and dis-
charge your account with the Steward at once.
Benjamin Terry, a member of the same Society, was also
summoned for non-payment of his arrears of contribution
money and fines.
Mr. LLOYD.—Your resistance to the claim of the Club
cannot be grounded upon the same fears which operated upon
the defendant in the former case ; your age, apparently, at
least, would average more fairly with the patriarchal claim-
ants upon your funds.
Defendant Terry.—The funds of the Society are no funds
at all, Sir, the money is all spent.
Mr. LLoyn.—So is the National Debt, yet we call it " tho
Funds," and it pays its annuitants very punctually; so, I dare
say, will this Society pay yours, when you become a claimant.
I thall make an order. lam happy to inform you, and all
other members of Benefit Societies, that there is a better
prospect of your reaping a reward for your frugality and pro-
vidence, than you have hitherto had, and I trust that it will
not be long 'ere you will be able to avail yourselves of it.
We believe it is " The National Loan Fund Society" to
which Mr. Lloyd alluded, a branch of which is about to be
established in this town under his auspices, and we have no
doubt but tbat the advantage to be derived by the industrious
and saving amongst the working classes, will be commensurate
with the wishes of its promoters.

It is very generally rumoured that King Leopold's
visit was much shorter and less agreeable than had been an-
tici pated.—Mornirg Herald.
On Wednesday a young man named George Lordon,
a prisoner in the Shropshire county gaol, was working with
other prisoners on the treadmill, when the lever held by a man
adjoining the prisoner was unhooked by a convict named John-
son, when a blow was made at deceased by a prisoner. Lor-
don suddenly turned aside to avoid the blow reaching him,
when he was caught between the lever and the wall, and so
dreadfully squeezed that he died on the following Friday front
inflammation in the bowels caused by the injury he had re-
ceived. At the inquest the jury thought that Cahill, the man
who struck the blow, was implicated in Lordon's death, but
ultimately came to a resolution to return a verdict of " Acci-
dental death," with a deodand of 103. on the treadmill. The
deceased was a native of the United States, and was com-
mitted for vagrancy.— Salopian Journal.
CHURCH-RATES AT LENTON.—A meeting was
held yesterday, pursuant to notice, for the purpose of apply-
ing for a church-rate. The parishioners understanding that
it was intended to apply for a ninepenny rate, for the purpose
of repairing the church-yard wall and whitewashing, repair-
ing, and cleaning the church, and thus compelling the con-
scientious Dissenter to contribute to the maintenance of a
church, with the doctrines of which he disapproves, the pari-
shioners mustered in considerable numbers, and the effect was,
that whatever might be the origiaal intention of the church
party, as to applying for a heavy rate, it was abandoned, and
Mr. Froggart, the Minister's Churchwarden moved for
a halfpenny rate ; Mr. John Wilkinson, farmer, having
seconded the motion, Mr. John Hill moved that the
rate be taken into consideration that day twelve months.
This amendment was seconded by Mr. R. James, and
on the question being put, six hands were held ur
against the amendment, and 100 for it. During the meeting
a statement made by Mr. Herbert, the late Churchwarden for
the parish, of the quantity of wine bought for administering
the Sacrament, and the purpose for which it was used,
brought into play the risible muscles of the hearers. This
gentleman, it appeared, had effected a reform in this respect,
and also as to the amount allowed for washing the surplices.
Mr. George Bradley, Mr. Robert James, and several other
Dissenters, and also Mr. James Nutt, an old Member of the
Established Church, avowed their readiness to subscribe to-
wards the expenses of the repairs and white-washing, but they
would not consent to a compulsory payment.—Wearusvhbaet
ere long Zbe odious system of enforcing Church-rates
taoboltihsehtedh,armfoionilt willpod tendg omoreodfe eli thanfeeling
whichany oouthgehrtcircumstance
e.xewiwst
past
be-
tween Churchmen and Dissenters.
The town of Maidstone has for
nonce
of a discovery
been in a state of commotion, in conseq
tue of 50—were selling
that the majority of the bakers-42
101 ad been taken up by a
bread of light weight. The alert;
named Beacon, residing
gentleman of independent propoe —Notan
eglieznalßdeavyz s
Thom frequent complaints
opposite the cavalry barrack
had been made by e inhabitants on th e
engagedsub ject.
some
peg consequencethteupoboo:rvetarir:ious shops in complaints,
the town and per-
g the weight of which it was found that
uponl 17o; had not been made without founds-
pcßheeatassFninsc,lt io‘t.tegsi: roundt
the anPedal'h:f atcic,eprPdingly took upon himself the unpleasant
ing, under the 6th and 7th William IV., against
the 42 delinquents; and a number of them have
b to nominal
and subjected a fine on their own plea•
of guilty, which they were, however, only induced to make on
the understanding that it would be worse for them if they
pleaded not guilty. The public spirit of Mr. Beacon, and the
consideration ho has shown to the poor, have given much sa-
th
n
tisfaction among most of the inhabitants of the town, and it is
fienc ofniienf
convicted
stated to be their int ration to present him with a piece of
plate, as a mark of the estimation in wi.icll they hold his
conduct,