CHEE WOR LOK Vs. YEOH SAW GEOK

JUDGEMENT

(1.) This is an appeal from an order of the Court of appeal of the Supreme Court of the Straits Settlements, who set aside an order of Mr. Justice Sawrey-Cookson. The action was brought by the widow of a man who had been a member of the Chinese Benevolent Association at Penang, and it was for a declaration that the husband of the plaintiff at the date of his death was still a member of the Association and had not, as the Association claimed, automatically ceased to be a member by reason of default in paying subscriptions. The rules of the Benevolent Association are expressed in English, and the deceased had been a member since November of 1910. The objects of the Association are to encourage thrift and to make provision for a widow.

(2.) The rules state that membership commences from the first clay of the month upon payment of deposit and fee for certificate of membership within 30 days of notice of election, and on payment of his monthly deposit and a certificate fee of $2 a certificate of membership will be issued. Then they provide that : "Each member shall deposit with the Association monthly the sum of $2. Any member who wishes to deposit monthly an extra amount may do so."

(3.) Then there comes the clause upon which the dispute arises: "The monthly deposit shall be paid in advance by every member on or before the 15 day of the month. In default he shall be liable to pay a fine of 10 cents for each such failure, which shall be debited to his account, and if his monthly deposit shall be two months in arrear he shall be notified, and failing payment of same in full after the expiration of 21 days he shall ipso facto cease to be a member and forfeit all privileges as a, member;" and then it provides what shall happen if he is readmitted. Now the facts in this case are that this man paid his monthly deposit for June in due course on or before the 15 June. In July he did not make any payment. Apparently he was ill-though that is immaterial for this case-and he died on the 24 September. In August he paid no deposit, and on the 16 August, in assumed accordance with the rule, he was notified that his deposits were in default. On the 8 September he thereupon, according to the Association, automatically ceased to be a member, and, as has been said, he died on 24 September, 1932.