The dues and assessments levied by the various mutual benefit insurance societies differ in many respects from the premiums of the regular insurance companies. Dues are paid to cover the ordinary running expenses of the society. Assessments are ratable contributions to make good a loss which the association has agreed to indemnify. The amount of such dues and assessments are never certain at the time the contract of insurance is entered into. An assessment is not collectible unless reasonable and levied in strict accordance with the charter and bylaws of the association.11 There is no presumption that an assessment is valid.

'Thus we see that, in making assessments by the appellant (the society), upon its members, it does not act in a judicial, but in a ministerial capacity. Therefore, no presumption can arise in favor of the regularity or legality of its assessments. That the appellant's board of directors, or an executive committee appointed by them, are the only persons authorized by appellant's charter to make assessments against its surviving members, to pay the benefits due the representatives of its deceased members. That a deceased member of the society should have died, and that his representative was entitled to a benefit arising from his death, and that an assessment upon all the surviving members was actually made by the board of directors, or an executive committee appointed by them for the purpose of paying said assessments, are conditions precedent to the right of the appellant to demand payment of an assessment from any of its members. And they are not bound to pay any assessment until these things occur. Nor do they forfeit their membership by reason of their failure to pay such assessments, unless these things have occurred. And when the society relies upon the failure of any of its members to pay his assessments, as a forfeiture of his membership and benefits under its charter, it must show affirmatively that the assessment was made in the manner indicated, otherwise the member cannot be said to be in default." 12

10 Vance on Insurance, Sec. 78.

11 Hartford Ins. Co. vs. Hyde, 101 Tenn., 376; 48 S. W., 968.