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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 1860   View pdf image (33K)
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1860 . ARTICLE 48A.

society, order or association, without capital stock organized and carried
on solely for the mutual benefit of its members and their beneficiaries,
and not for profit, and having a lodge system with ritualistic form of
work, and representative form of government, and which shall make pro-
vision for the payment of benefits in accordance with section 150 hereof,
is hereby declared to be a fraternal beneficiary association.

1922, ch. 492, sec. 144.

147. Lodge System Defined. Any association having a supreme gov-
erning or legislative body and subordinate lodges or branches, by what-
ever name known, into which members shall be elected, initiated and ad-
mitted in accordance with its constitution, laws, rules, regulations and
prescribed ritualistic ceremonies, which subordinate lodges or branches
shall be required by the laws of such association to hold regular or stated
meetings at least once in each month, shall be deemed to be operating on
the lodge system.

1922, ch. 492, sec. 145.

148. Representative Form of Government Defined. Any such associa-
tion shall be deemed to have a representative form of government when it
shall provide in its constitution and laws for a supreme legislative or
governing body, composed of representatives elected either directly or in-
directly by the members, together with such other members as may be pre-
scribed by its constitution and laws; provided, that the elective members
shall constitute a majority in number and not have less than two-thirds of

Where a corporation has a capital stock, and issues policies of insurance such as
can Only be issued by insurance companies, the business being conducted for the. benefit
of the stockholders, it is not acting under this section (although it has been reincor-
porated under the act of 1894, ch. 295), and if it purports to issue such policies under this
section, it ceases to be entitled to the privileges of it. This section construed in connec-
tion with art. 23, secs. 192 and 193, An. Code, 1912. International Fraternal Alliance v.
State, 86 Md. 552.

The association Has no power upon the death of the insured to pay a benefit to a
creditor, although it has been assigned by the insured during his lifetime to such creditor.
Dale v. Brumbly, 96 Md. 678; Meinhardt v. Meinhardt, 117 Md. 433 (decided prior to
the act of 1912, ch. 824).

Under this and the following sections and sec. 415 of the Code of 1904, a beneficiary
can sue a lodge or unincorporated association, in. the name by which it is commonly
known, without suing the individual members. Littleton v. Wells, etc., Council, 98 .
Md. 456.

A corporation held to be within the terms of the act of 1894, ch. 295—see notes to
sec. 239 (this foot note). Barton v. International Fraternal Alliance, 85 Md. 31; Supreme
Lodge v. Simering, 88 Md. 288.

For a case dealing with the act of 1896, ch. 331, which enacted a section to come in
after sec. 229 (art. 23, An. Code, 1912), but which was repealed by the act of 1902, ch.
338, see Supreme Lodge v. Simering, 88 Md. 276.

Art. 23, secs. 229 to 244, inclusive, An. Code, 1912, referred to in construing sec. 234
thereof—see notes, thereto (this foot note). Hunt v. Winkleman, 136 Md. 252.
Cited but not construed in Himmel v. Eichengreen, 107 Md. 612.

See notes to sec. 28A (this foot note).
As to workmen's compensation insurance, see art. 101.

230. Cited but not construed in Himmel v. Eichengreen, 107 Md. 612; Supreme Lodge
v. Simering, 88 Md. 284; International Fraternal Alliance v. State, 86 Md. 552; Barton v.
International Fraternal Alliance, 85 Md. 31.

See notes to sec. 229 (this foot note)

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 1860   View pdf image (33K)
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