Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-12-28
Cumberland County Rescript.

Frank r. Coombs ct. ais. VS.. James n
Hartford ct. ais. Rescripts by Savage, D.
l. Where the bylaws of a ioose
provided that the trustees pe1ore EN-
ing upon the duties Of their ONCE
should give joint 3r severai poiiu ~
the lodge with three suretles 10 NC ap
proyed by the lodge, the trustees ihis IL
unite in a joint bond. or each trus'ee
might give a several btnd.
Tho acceptance OF the bond by lHe
lodge was a sufficient approval or IL.
Though the bylaws required three
.,,ra.ies vet q bond signed by the
r,rJncjpal and two sureties only Is Vahu
81 accented and approved by the lodge
and the two sureties cannot cofnpidih'
II they signed without condition. Or
any understanding that 4 third surety
was to sign.
A bond given to q lodge by one OF
i,c officers stands for the security OF the
Iodpe whoever may De it's members FOR
tho time being, and although the per-
eoral Of its membership may be con-
e;aptly changing. Those who ar
members at any given time may en-
force il.
: The sureties on such a BOND are
nor discharged by 4 change in the
NON l,orsiliu of the iOdge, nor by the
fact that increased duties and RESPONSE
bilitirs are imposed upon the onlcer W
an increase in membership.
6 An officers bond conditioned TOT
III. faithful performance By the prlnci-
raj Of th.. duties Of his office during
hia continuance in. and so long as n"
.,a,I hold gaid Office by cleo zion, re-
.lec,;on or otherwise" and for his DENY
eriue M all funds in his possession al
the ,xpiration Of his said Office. or
-v4n4never he may cease to hold the
came, is a continuing bond. and Is
valid and enforceable according to ITS
terms. though the lodge bylaw pro-
yided for annual elections to the Once
in question.
Slch a bond. however. ceases 10 Dc
IN force r. there Is an interruption IN
the principals holding the office
g II is not necessary 20 the validity
of lodge proceedings that the record
should show that n quorum was pres
ent. 4 quorum will be presumed 10
have been present, unless the contrary
appears.
Q Regularity of procedure may prop
erly br presumed as t" details OF I"hG"
t1aCtlDnS. III
10 The sureties Of the several bond
Of one OF the trustees may be holden
for the personal def Iult OF their prin-
tioal.
II An assignment of 4 chose in ac-
tjou made without consideration ana
merely for the purpose of bringing sun
for tn. benefit of the assicnor is color
able only. and vests no title in the as
signee. Such assignee cannot maintain
suit thereon in his own name.
T. Lodges may mairlain actions in
the raine s of their trustees for the time
being
|. The sureties on 4 several cOntinu-
ing bend given by one of the lodge
trustees when the bylaws provided
that the bonds of the trustees should
u. icint or several, are no longer holden
after the lodge has changed its bylaw
so us to REQUIRE the truSt.eS to give 4
joint and several bond. II, giving AMI
a,cct,:ine the. continuing bond, there
WAS :, necessary implication that if tho
lude. III lulL change the required form
of bnn,Is. :" that Il several bond would
no longer br allowable. it would require
the trustees next .lro led to conform
to the new requirement.
II H. this "a -" the several bond Civ
cn IN $50 ceased t" bn p"rative in 1873
when the lodge bylaw was changed 81
as 10 require tn" trustees to give 4
loln. end several bond: and the sure
tics. th.i, fore. are not liable for de-
fault which occurred in l!nl.
Judgment for the Defendants.
Reed Dec eth, 1901.