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The general Ahiman rezon and freemason's guide

Chapter 49

X. That the charges of intoxication against Bro. A. B., of Trila-

minar Lodge, No. 800, preferred by Bro. C. D., of Anchor Lodge, No. 801, on the 9th day of April, 1859, are sxistained, and that ha is goUty of the said charges.
APPENDIX.
2. That the aaid Bro. A, B. be and he is hereby suspended from said Triluminax Lodge, and from the rights and privilegos of Mft" eonry, for the space of three months from this date.
3. That the said A. B. be adjudged to pay the charges and ex- penses of the proceedings on this trial.
The charges and expenses, &o., (as in the preceding report, ex- cept as to parties notified, and add) and our report has been duly filed with the R. W. Grand Secretary (dated and signed by the commissioners).
The foUovring may be the form of their notice :
11. — Notice of Judgment by Commissioners.
To and :
Take notice that we have this day made and signed our report to the Grand Lodge, by which we have adjudged and deter- mined that Bro. A. B. is guilty of the charges preferred against him, and that he is suspended from Triluminar Lodge, No. 800, and from the rights and privileges of Masonry, for the space of three mouths, and that he do pay the costs and expenses of the proceedings before us, amounting to the simi of three 'dollars.
Signed by the Commissioners. Dated, April 23, 1859.
The subject of Appeals next claims our attention, and we shall still foUow the form of proceedings after trial on charges preferred in a Lodge against a member.
The time limited in every case for bringing an appeal is six months (§ 58) ; but where a party is intending to appeal it is ad- visable that he give notice of it immediately, which may be in the following form :
l^. — notice of Appeal.
To P. Q., Secretary of Triluminar Lodge, No. 800 ;
Take notice, that I shall oring an appeal from the action of said Lodge on the 30th day of April, 1859, in passing sentence of suspension on me for three months, to the M. W. Grand Lodge of the State of New York (or the M. W. Grand Master, K. W. Dep- uty Grand Master, or R. W. District Deputy Grand Master of this district, as he may choose,) on the grounds to be stated in my ap. peal. Dated, Ma;; 4, ISSa A. R
APPENDIX. 403
On receiving this notice, tte Secretary of the Lodge — or, in all cases not under section 60, the commissioners — ^will transmit tc the Grand Lodge, or Grand ofScer, as the case may be, a copy ol the minutes of proceedings embracing the evidence, with a copy ol the report, to the Lodge — marked and numbered 8 — annexed, *11 duly attested and certified ; and by carefully observing these dii'ections it may always be done promptly. This, if filed with the Grand Secretary, may be furnished to the Grand Lodge, or its Committee on Appeals, or to the Grand officer appealed to, when desired. When the appeal is to a Grand officer, the report may be transmitted to him directly, to be by him afterwards filed with the Grand Secretary. The appellant should next prepare his appeal, which may be in this form :
13. — Appeal.
To the M. W. Grand Lodge of the State of New Tori (or M. W.
Grand Master) :
The undersigned hereby appeals to you from the decision of Trilnminar Lodge, No. 800, made April 30, 1859, in passing sentence of suspension on him for three months, and he specifies the following as the ground of his appeal :
1. That P. U. , one of the commissioners on his trial, was incom- petent to act, having been present at the meeting of said Lodge when the charges were preferred, and voted for their reference.
2. That the commissioners err^d in deciding that P. S. , Esq. , should not be allowed to assist the undersigned in his defense.
3. That the second specification of the charges is vague and un certain.
i. That the commissioners erred in receiving testimony as to ap pearanoes of intoxication. 6. That they erred in rejecting the sworn affidavit of J. B.
6. That the proofs in the case were not snffioient to warrant the finding of the commissioners.
7. That the Lodge erred in passing the resolution of suspension by a majority vote.
All of which appoom by the papers proceedings and evidence in the case. Dated, May 11, 1859. A. B.
A oopy of this appea. should be served on the Seoretaiy of tbt
404 APPENDIX.
Lodge ; and it is best, also, to serve a copy on the appellate tribn- nal or officer. Within ten days (this is suggested as an admirable time, there being no regulation on the subject,) an answer should be made to the appeal by the Lodge. As in most cases this is merely taking issue, the form of an answer on appeal may be un- necessary ; yet one is subjoined, as follows :
14:. — Ansiver to Appeal.
TrUuminar Lodge, No. 800, answers the appeal of A. B. and eays :
That the said Lodge denies ttiat there is any error in the pro- ceedings of said Lodge, or of the commissioners appointed for the trial of the said A. B., and further says that the decision of said Lodge in said case is sustained both by the law and evidence therein applioaole thereto.
Dated, May 21, 1859. S. L., Junior Warden.
This is very general, and if a specific denial is deemed necessary — taking issue upon each of the grounds of appeal and assigning reasons therefor — it may be made after the foregoing form in com- mencement, and adding thereto as follows :
Because the said Lodge says as to the first ground of appeal, &o.
And because the said Lodge says as to the second ground of ap- peal, &o.
The case being thus fairly brought up on appeal, the Grand Lodge or Grand officer may hear the same, either by oral argu- ment, or the appeal and answer thereto may be made sufficiently full to call attention to aU the points in the case and the reasons therefor. If the Secretary of the Lodge shall have omitted a tran- script of the proceedings of the Lodge, and the same be required to make the case perfectly understood, the Grand Master, Deputj Grand Master, or District Deputy Grand Master may make an or- der in this form :
15. — Order on Appeal.
OmoE OP THE Geand Mastee of Masons, J May 28, 18.. f
To the W. Master, "Warden and Brethren of Triluminar Lodge,
No. 800 :
Bro. A. B. having duly appealed from the decision of youi Lodge made on the 30th April, 1859, suspending him for threa
APPENDIX.
months, you are hereby required to transmit, by the hand of yoni Secretary and seal of your Lodge, a transcript of all the proceed- ings of your Lodge, in the case of the said A. B., from the time ol the presentation of the charges against him until the final action ol your Lodge thereon, with the several dates thereof^ together with ttU papers and documents relating thereto not heretofore returned, vrithiu .... days from the receipt of this order by you.
Given under my hand and private seal on the day and year first above written.
, Grand Master.
After argument the appellate tribunal will, with all convenient dispatch, pronounce the deoisioiL If made by a Grand officer, it should be filed, together with the appeal papers, in the office of the Grand (Secretary, and may be in this form :
16. — Decision on Appeal.
Office of the Gba>id Mastes of Masons, &o., Jane i, 1859.
In the Matteb op the AppeaIi
of
Bbotbeb a. B.
Brother A. B. having appealed from the decision of Triluminai Lodge, No. 800, made on the 30th day of April, 1859, by which he was suspended from the rights and privileges of Masonry for three months, on charges of intoxication ; and having heard the case, I have carefully considered the facts appearing on said appeal, and the grounds of error alleged by him. There does not seem to bo any error or irregularity in the proceedings, or in the several de- cisions of the commissioners on the trial, and the facts of the case warrant the conclusions of the commissioners and the decision of the Lodge.
[If the officers desire to review the facts or comment upon any of the points taken, he muy here insert his remarks and reasons. "
My judgment and decision, therefore, is, that the proceedings »ud decisicns of Triluminar Lodge, No. 800, in the case of Bro. A. B. , be and the same are hereby af&rmed.
, Grand Master.
If the decision be reversed, the appellate officer will vary the second paragraph and give his reasons for dissenting from the ooik
406 AITENDIX.
elusions of the commissioners and Lodge, and use the word •' re- versed" in the last paragraph, instead of "affirmed." Should hs desire to make any special order in the case, it may be added at the end.
When an appeal is taken from the decision of a Grand officer, on appeal to the Grand Lodge the ease mil be heard on the papers which were before him, and it will only need the following and final form of an appeal to bring up the matter, which should ba served on the Lodge through its proper officer, a reasonable time (say twenty days) before the annual communication of the Grand Lodge, and a copy transmitted to the Grand Secretary forthwith.
17. — Final Appeal to Grand liOdge*
To the M. W. Grand Master (or E. W. Deputy Grand Master) anj the W. Master Wardens and Brethren of Triluminar Lodge, No. 800:
The undersigned, A. B., hereby appeals to the M. W. Grand Lodge of the State of New York, from ttie decision of the M. W. Grand Master, made in and by his order of June 4th, 1859, in the case of this appellant, af&rming the decision of said Lodge on the 30th April, 1859, in the same case, on the grounds particularly stated and set forth in his appeal to the M. W. Grand Master, dated May 11, 1859, and respectfully prays your consideration thereoi and judgment thereon. Dated, June 6, 1859. A. B.
In the nature of the case, no answer to this appeal is required * and when the appeal comes before the Grand Lodge it will take the direction prescribed by its rules and usages.
From the foregoing general forms and directions, sufficient may be gathered to apply to every case of Masonic discipline and trial, between any parties and whatever may be the decision. To have extended the forms, or adapted those given to every varying change, would be great labor without adequate benefit, and es- pecially in the great variety of charges. It should be remarked that, when the charges are based upon a section ol the constitu- tion, or of the Lodge by-laws, it should be plainly emd distinctlj referred to.
Should the accused admit the charges when served upon him, proof of such admission or confession will be all that the commi»
APPENDIX. 407
djners are required to have made, and they will make up theii minutes, and report accordingly, adopting the foregoing forms.
If the accused fails to appear and answer the charges aftei personal service, the Commissioners may proceed, after taking proof of such service, to take proof of the charges, and in such oaae the Master should appoint some brother to appear for him. The minutes and report in such cases should be full, and the forms given can readily be modified to suit such a state of facts.
DISPENSATION TO A LODGE TO CONTINUE ITS LABOKS, AFTER Tilt DESTKOCTION OU LOSS OF ITS WARRANT.
We, , Most Worshipful Grand Master of Masons, in and
for the State of , to the AVorshipful Master, Wardens, and
members of Lodge, No , held in Greetino:
Whereas, our Kight Worshipful Grand Lodge, by warrant under the hands of the then R. W. Grand Officers, and seal of the Grand
Lodge, bearing date the day of in the year of our LoEn
one thousand hundred and , and of Masonry five thou
sand hundred and , and recorded in the book of war.
rants page , authorized the holding of a Lodge undei
their jurisdiction, in , or within five miles thereof, to be
called No. . . ., which Lodge was duly constituted on the
, and the labors thereof carried on agreeably to the
Ancient Landmarks, so far as our Grand Lodge has information respecting the same: And, wrfiiEAS, it has been represented to us that the said warrant has been iost or mislaid:
Now, therefore, by virtue of the powers and authorities in us vest- ed, we do hereby authorize, empower, and request yon, the present, and succeeding Worshipful Master, Wardens, and members of the said Lodge, No . . . . , to continue your Masonic labors, in the same full and complete manner, to all intents and purposes, as you could,
or migh t legally have done, if your said warrant had not been
and was still in existence, agreeably to all the usages, rules and regulations of the ancient craft, and especially to those of out Grand Lodge, and not contrarywise.
Given under our hand and seal, at the city of . ., in the State of. .,
this. . .day af in the year of our Lord one thousand eight hun
ired and , and of Masonry five thousand eight hundred and. .
[l» a.] t Orand Ufasier.
Attest, , Grand Secretary.
408 APPENDIX.
CEBTIFICATE OF ELECTION.
The certificate of tlie election of officers in a Subordinate Lodg should be in the following form, and said officers cannot be recog- nized as members of the Grand Lodge until a proper certificate ol election is filed in the Grand Secretary's office :
Be it known, that on the day of A. L. 58 . . , at a
regular meeting of Lodge, No. . . held in the county
&f in the State of , our worthy Brother was
elected Master ; our worthy Brother Senior Warden, and
our worthy Brother Junior Warden of the said Lodge, for
the ensuing year, and that said Master and Wardens have been duly installed.
In testimony whereof we, the members of the said Lodge, have caused the seal thereof to be hereunto affixed, and our Secretary to sign the same.
[L. s.] Secretary.
FORM OF A PROXY.
The Proxy of the Subordinate Lodges should be in the following form, viz :
At a meeting of Lodge, No , held at in the
county of in the State of on the . . . day of . . .
A. L. 58..
Eesolved, That our Worshipful Brother , Past Master (oi
Master, as the case may be,) of Lodge, No be and he
is hereby appointed Proxy, to represent this Lodge in the Grand
Lodge of the State of , and he is fuUy empowered to aol
in our behalf, in all the transactions of the Grand Lodge, as effect- ually as if we ourselves were personally present.
All which we have caused to be certified by our Master and War dena, and the seal of our Lodge to be affixed.
[L. 8.] , Master.
Senior Warden.
Junior Warden.
Secretary.