Full text : 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

APPENDIX  OF  CASES.

105

to  prevent  a  man’s  ability  of  earning  liis  livelihood.  If  it
were  not  the  intention  to  include  it,  the  rules  of  the  society
-should  be  framed  so  as  expressly  to  exclude  it.
Quain,  J.—I  am  also  of  opinion  that  insanity  is  sickness ­
  within  the  society’s  rules.  The  preamble  of  the  rules
is  wide  enough  to  include  it;  the  words  of  Rule  13,  entitling ­
  the  member  to  relief,  are  “  during  any  sickness  or
accident,”  except  certain  excluded  cases,  insanity  not  being
one.  There  is  nothing  to  show  that  temporary  illness
only  was  contemplated;  and  if  we  look  at  Rule  32,  that
seems  to  show  that  blindness  was  intended  in  general  to
be  included,  as  it  exempts  it  in  particular  cases,  and  blindness ­
  is  certainly  not  temporary  in  most  cases.
Archibald,  J.,  concurred.
Case  remitted  to  the  justices  accordingly.

The  following  extract  from  the  judgment  of  Mr.  Serjeant
Wheeler  in  the  Liveipool  County  Court  in  a  case  of
Church  v.  The  Great  Southern  Sick  and  Burial  Society,  is
interesting,  as  showing  the  medical  aspect  of  the  question
whether  insanity  is  or  is  not  bodily  sickness:—It  is  necessary ­
  in  considering  the  question  to  bear  in  mind
the  natural  and  essential  relations  of  mind  and  body.
Every  manifestation  of  mind  in  this  life  is  made  by  and
through  its  bodily  organ,  the  brain,  and  the  mind  is  so
influenced  by  the  brain  that  the  condition  of  the  former  is
an  invariable  index  to  the  constitution  and  condition  of
the  latter.  Hence  all  causes  of  temporary  or  permanent
disturbance  in  the  health  of  those  parts  of  the  brain  that
manifest  the  mind  produce  in  the  same  degree  the  signs  of
mental  derangement,  and  vice  versd  all  symptoms  of  mental
derangement  indicate  a  proportionate  disturbance  in  the
sanitary  state  of  the  mind’s  bodily  organ,  the  brain.  Some
years  since  when  it  rvas  a  common  circumstance  to  examine
the  brain  with  the  aid  only  of  the  naked  eye,  it  was  not
possible  in  many  cases  to  discover  those  lesions  of  brain
structure  which  produce  and  accompany  insanity.  But  now,
by  the  recent  application  of  the  microscope,  the  minute
structure  of  the  brain  is  revealed,  and  pathologists  can
trace  distinctly  the  very  seat  and  nature  of  those  morbid
changes  which  are  the  real  essence  of  insanity.  Hence
Schroeder  van  der  Kolk,  an  eminent  German  anatomist,  says
K.  2
            
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