The law of friendly societies, and industrial and provident societies, with the acts, observations thereon, forms of rules etc., reports of leading cases at length, and a copious index

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Identifikator:: 875232663

URN:: urn:nbn:de:zbw-retromon-2698

Document type:: Monograph

Title:: The law of friendly societies, and industrial and provident societies, with the acts, observations thereon, forms of rules etc., reports of leading cases at length, and a copious index

Place of publication:: with the acts, observations thereon, forms of rules etc., reports of leading cases at length, and a copious index$gTenth edition, revised and enlarged

Publisher:: Shaw and Sons

Year of publication:: 1881

Scope:: 1 Online-Ressource (XII, 303 Seiten)

Digitisation:: 2017

Collection:: Economics Books

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194 APPENDIX OF CASES. The justices being of opinion that insanity was not a sickness which entitled the members to relief from the society under its rules, dismissed the summons. The question for the court was, whether the above facts justified a dismissal of the summons or not. Metcalfe, Q.C., for the appellant, contended that insanity was sickness within the rules of the society. He referred to Rules 11 and 13, and cited Reg. v. Manchester {a). Quain, J., referred to the preamble of the rules. The court called upon Edmund Thomas, for the respondent. He referred to the terms of the Act 18 & 19 Viet. c. 63, s. 9, sub-sect. 2, “old age, sickness, or widowhood; ” and cited Reg. v. Hudders field (h). In Reg. v. Manchester (a) and Hunslet v. Dews bury (c), lunacy was assumed by the court not to be sickness. Blackburn, J.—I am of opinion that lunacy is sickness within the meaning of the rules of this society. If we look at the terms of the Acts (d) they speak of sickness, old age, and widowhood, and it is quite clear that mere temporary sickness is not what is contemplated; and I see nothing in the rules themselves that confines the relief to temporary illness; and Buie 11 shows that the society contemplated relief at all events that would not be temporary, but might last over months. Insanity depends on the state of mind and body of the person. The poor law cases proceeded on Acts passed with a different object from that of friendly societies, by which it was enacted that a pauper should not be removed if his chargeability were owing to such sickness or accident as would primd facie be only temporary ; and the question arose whether insanity came within the meaning of sick ness for this purpose, but no absolute decision has been .come to, though it seems to have been assumed that lunacy \was sickness. It certainly seems to me that lunacy is a isickness affecting the health of the body in such a way as (a) 6 E. & B. 919; 26 L. J. (M. C.) 1. (J) 7 E. & B. 794, at p. 798; 26 L. J. (M. C.) 169. ,(c) 26 L. J. (M. C.) 3 (n.) {d) See 10 Geo. 4, c. 56, s. 2; and 18 & 19 Viet. c. 63, s. 9, :sub-sect. 2.

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