
    HAMBERG vs. ASHLAND ENCAMPMENT.
    Where the rules of a beneficial society did not permit a member to become entitled to sick benefits by a payment of past 'dues during his sickness, he does not become entitled to funeral benefits.
    Error to Common Pleas No. 4, of Philadelphia County, No. 107 January Term, 1883.
    This case arose upon a case stated as follows :
    Philip Hamberg became a member of Ashland Encampment, No. 45, I. O. O. F., above-named, a beneficial organization, November 5th, 1849. His dues were sixteen cents per week ; they were paid in full to September 6th, 1880, except twelve cents, He was taken sick on December 20th, 1880.
    On January 17th, 1881, he paid five dollars. He continued sick until March 14th, 1881, when he died. His dues from September 6th, 1880, to date of his death, including the twelve cents mentioned, amounted to four dollars and forty-four cents.
    His wife, Hannah Hamberg, is the plaintiff in this suit.
    The Constitution of said Lodge, defendant, provides as follows ;
    Article III. Section 4. “Any patriarch who shall be taken sick or be disabled while in arrears to the Encampment more than three months’ dues, cannot, by payment of his arrearages, become beneficial during such sickness.”
    Article III. Section 5. “On the decease of a patriarch who is beneficial, a sum of not less than thirty dollars shall be paid to the widow, orphan, or other dependent relative, to be applied to defraying the funerál expenses.”
    The By-Laws of said Lodge, defendant, provide as follows :
    Article III. Section 1. “Every patriarch shall pay dues into this Encampment at the rate of sixteen cents per week. Members’ accounts shall be settled quarterly on the first Mondays in March, June, September and December.”
    Article III. Section 4. “The dues and fees paid in and all interest derived from investments shall constitute a fund for the payment of weekly benefits to the members when sick or disabled and funeral benefits at their decease.”
    Article IV. Section 1. “Patriarchs who at any time may be in arrears to the Encampment for a period exceeding three months, shall not be entitled to weekly or funeral benefits for six weeks after paying the same, and should they accumulate for a period of six months, without settlement, they shall be deprived of such benefits for three months afterpayment.”
    •' Article Y. Section 1. “Every patriarch, one year after initiation, re-instatement, or admission by card, and during his membership thereafter, if not delinquent, shall be entitled when sick or unabl e to follow his usual occupation to receive the sum of five dollars per week.”
    Article V. Section 6. “At the death of a patriarch after one year’s membership by initiation, re-instatement, or admission by card, if not delinquent, the sum of one hundred dollars i hall be paid for his interment to his wife or legal repre. sentatives.”
    If the Court be of opinion that the plaintiff is entitled to benefits, then plaintiff to have judgment for one hundred dollars, with interest from March 4th, 1881; but if not, then judgment to be entered for the defendant.
    The costs to follow the judgment and either party to have right to sue out a writ of error.
    The Court entered judgment for the defendant, but did not deliver any opinion.
    
      Hannah Hamberg then took this writ of error, complaining of the entry of judgment for the defendant.
    
      E. C. Shapley and J. P. G. Gloninger, Esqs., for the plaintiff in error,
    cited Gundlach vs. Society, 4 Harr., 339; Cartan vs. Society, 3 Daly, 20; People vs. Medical Society, 24 Barb., 570; Kent vs. Mining Co., 78 N. Y., 182.
    
      J. A. Simpson, Esq., contra.
    
   The Supreme Court affirmed the judgment of the Common Pleas on February 12, 1883, in the following opinion:

Per Curiam.

The defendant is purely a beneficial association. Its members are designated “patriarchs.” The constitution provides that if any one be taken sick, while in arrears more than three months’ dues, he cannot, by payment of the arrearages, become beneficial during such sickness. When the husband of the plaintiff was taken sick, he had been, and then was, in arrears in the payment of his dues, for more than three months. 'He continued sick until he died. The payment of dues during the continuance of his sickness did not restore him to the benefits of membership so far as to entitle him to either weekly benefits while sick, nor his wife or legal representatives to funeral benefits on his death.

Judgment affirmed.  