Commentaries On the Law of Private Corporations

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404 ; Com. v. Pennsylvania Asso. 2 Serg. & E. CPa.) 141 ; White v. Brownell, 4 Abb. Pr. (n. s.) (N. Y.) 152, 199; s.
c. 2 Daly (N. Y.) , 329 ; Loubat v. Leroy , 40 Hun (N. Y.), 546, 552; Fritz c. Muck, 62 How. Pr. (N. Y.) 69; Rex v. Univer- 711 1 Thomp. Corp. § 881. J expulsion of members.
the conduct of strictly legal tribunals, but is applicable to every- tribunal or body of persons invested with authority to adjudicate upon matters involving civil consequences ' to individuals.^ So far as th
...e writer knows, there are but two exceptions to this rule: 1. In cases of iimotion from corporations, where the member becomes a non-resident, so that it is impracticable to give him notice.^ 2. In cases of certain mutual benefit societies, whose rules provide that the non-payment of an assessment after notice shall, ipso facto, work a forfeiture of membership, or of the member's benefit certificate. These rules are upheld, on the principle that the right to notice and a hearing is not a right of so high a nature that it may not be waived by a person who is sui juris, and that a member of such a society may therefore part with it by contract, in agreeing to become a member of the society, subject to its rules and regulations, among which is the regulation in question.^ But where there is no rule providing for an ipso facto forfeiture, the general principle obtains that the member's right of membership is not forfeited, unless an adjudi- cation of forfeiture has been made by the society or its prescribed judicatory, in a proceeding which has taken place upon inquiry, sity of Cambridge (Dr.

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