2 Binn. 441 | Pa. | 1810
This case arises on a return to a mandamus directed to the St. Patrick Benevolent Society, an incorporated body, commanding them to restore John Binns to the' rights of a member of the said society. The return is made by William Duane president of the society, and assigns the cause for not restoring Binns, according to the command of the writ. The question is, whether the by-law, under which the expulsion was made, is valid. In order to determine this, it will be necessary to consider the nature of the corporation. It is an association which has for its object, the raising a fund to be applied to the relief of its members in case of sickness- and misfortune, and to the assistance of distressed Irishmen, emigrating to jthe United States, Each member pays a certain sum, on admittance to the society, and likewise an annual contribution; and each member is entitled, in. case of sickness or distress occasioned by unavoidable accident, to pecuniary assistance from the funds of the society. The second article gives authority, “ to make rules, by-laws and ordi<c nances, and do every thing needful for the good govern-u ment and support of the affairs of the Corporation, provided
1. When an offence is committed, which has no immediate relation to a member’s corporate duty, but is of so infamous a nature, as renders him unfit for the society of honest men. Such are the offences of perjury, forgery &c. But before an expulsion is made for a cause of this kind, it is necessary that there should be a previous conviction by a jury, according to the law of the land.
2. When the offence is against his duty as a corporator; and in that case he may be expelled on trial and conviction by the corporation.
3. The third is an offence of a mixt nature, against the member’s duty as a corporator, and also indictable by the law of the land.
The offence for which Binns was expelled, does not comfe within either of these three descriptions. The expulsion rests solely on the by-law. It has been contended, that this by-law is void, because contrary to the charter in several respects. — First, it is said, that the charter contains an express power of expulsion in certain cases, and thence it is inferred, that such power can exist in no other case. But this inference cannot be supported. It is not expressed in the charter, that there shall be no expulsion except in the specified cases, and in the nature of the thing it is perfectly consistent, that expulsion should take place in the case provided for, and also in such other cases, as the good government of the corporation might require. — In the next place it was urged, that this by-law is contrary to the thirteenth article of the charter, by which it is provided, that in
Rule for a peremptory mandamus.