TUESDAY, Sept. 7th. Before Col. Miles (chairman), W. H. Luce, Esq., and the Rev. W. Butt.
FRIENDLY SOCIETY DISPUTE. John Cooper (treasurer), Richard Chappel and Samuel Curtis (stewards), as officers of a friendly society called “The Three Cups Club,” Malmesbury, were summoned by Thomas Clark, laborer, of Malmesbury (for whom Mr. T. H. Chubb appeared), who, as a member of the society, claimed £1 8s., nine weeks’ sick-payment at 4s. a week, which he alleged to be due to him from the society, up to August.—For nearly two years complainant received sick-pay from the “Three Cups Club,” but some time since the society refused to pay on the ground that Clark’s incapacity to work arose from old age, and not from rheumatism, the illness for which he was receiving sick-pay. The dispute was, according to the rules of the society, referred to the justices for decision.—Mr. Chubb, in opening the case, stated the objection of the society to pay the sick-pay was under what were known as the new rules, which stated that the society would not pay for old age. He submitted, however, that these rules, not being registered, were not legal, and that the former rules, which were registered, were binding on the society.—Dr. E. A. White, of Malmesbury, medical officer of the defendant club, stated as occupying that position he had attended complainant for the last two years. The complainant had suffered from chronic rheumatism, and several bronchial attacks. He did not think the man would ever be able to work again, as the least exposure brought on the bronchial attacks. He gave a certificate on July 31st, to the effect that Clark was suffering from chronic rheumatism.—By defendants: A year since he told the defendant that complainant’s “work was done."—By the Bench: His infirmity arose from the rheumatism and bronchitis.—Thomas Clark, the complainant, stated he was 71 years of age. For 38 years he had paid into the funds of the defendant society. For two years he had suffered from rheumatism. If he did not suffer from that complaint, he might be able to do light work.—The defendant, John Cooper, said the society objected to pay members for “old age,” under what were called the “new rules.” These, it appeared, were dated 1854, when the society was reformed, but had not been registered.—In answer to the Bench, Mr. Cooper said when the “new” rules were made, the old rules were abolished, and the society had a “break-up."—John Freeth, clerk to the defendant society, stated that the club was entirely re-established in 1845. At that time all the members left, everything belonging to the club was sold, and a fresh club was established.—The Bench dismissed the case, deciding that in their opinion the complainant was not entitled to the weekly payments through illness, and that he was incapacitated from work through old age. This decision was given on the old rules, and they advised the defendants to get the new rules registered.