s of the association expelling him
were not observed; thirdly, when its action against him was malicious.
Nor will a court interfere because there have been irregularities in
the proceedings, unless these were of a grave character.
The charges must be serious, a violation of a reasonable by-law is a
sufficient charge. To obtain, by feigning a qualification which did
not exist, membership in a trades-union is sufficient cause for
expulsion; so is fraud in representing one's self in his application
for membership when in fact he has an incurable disease. On the other
hand, the following charges are not sufficient to justify expulsion or
suspension: slander against the society, illegally drawing aid in
time of sickness, defrauding the society out of a small sum of money,
villifying a member, disrespectful and contemptuous language to
associates, saying the lodge would not pay and never intended to pay,
ungentlemanly conduct. In harmony with a fundamental rule of law, a
member who has once been acquitted cannot be tried again for the same
offense.
As subordinate lodges of a benefit society are constituent parts of
the superior governing body, there may be an expulsion from membership
in a subordinate lodge for violating laws which generally caused
expulsion from the society itself, and there may be a conditional
expulsion or suspension. If an assessment is not paid at the fixed
time, its non-payment, by the laws of the order, works a suspension,
though a member may be restored by complying with the laws of the
order.
An appeal by a member of a subordinate lodge from a vote of expulsion
does not abate by his death while the appeal is pending. If,
therefore, the judgment of the lodge is reversed, the beneficiary of
the member is entitled to the benefits due on the member's death. A
member who has been wrongfully expelled may be restored by a mandamus
proceeding issued by a court. Before making the order the court will
inquire into the facts and satisfy itself whether in expelling the
applicant the society has properly acted in accord with its rules.
Unless some rule or statute forbids, a member of a voluntary
association may withdraw at any time. When doing so, however, he
cannot avoid any obligations incurred by him to the association. On
the other hand, it cannot, after his withdrawal, impose any other
obligations on him.
It has often been attempted to hold the members of an association
liable personally for a pro
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