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The Pamphlet Collection of Sir Robert Stout: Volume 17

Article VIII. — Of Penalties and Trials

Article VIII.

Of Penalties and Trials.

Sec. 1. Any member neglecting to make payment of his

Members in arrears.

dues or demands against him to the Lodge, according to its Constitution or Bye-Laws, for the space of nine months, shall be notified by the Lodge, in writing of the state of his account; and if after one month his whole account still remains unsettled, he shall cease to be a member: Provided that no person shall so cease to be a member until after the fact of his dues being in arrears and unpaid for inne months shall have been announced in open Lodge at two regular meetings.
Sec. 2. Any member who shall violate any of the principles

Violating the Laws.

of the Order or offend against the Constitution, Bye-Laws, or Rules of Order, of this Lodge, shall be fined, reprimanded, suspended, or expelled, as the Laws may direct, or the Lodge determine.
Sec. 3. Any member guilty of the use of any profane,

Penalties.

abusive, or indecorous language in the Lodge; or refusing to be seated when called to order by the N.G., shall be fined by page 54 the Noble Grand as follows, viz.:—For the first offence, 1s.; for the second offence, committed upon the same evening, 2s. 6d.; for the third, 10s.; and for the fourth, 20s.; and the fines so inflicted shall at once be charged to the account of the offending brother, and shall serve to determine his standing in the Lodge as dues: and any brother continuing to offend as above, shall be deemed guilty of contempt of the Lodge, and shall be suspended or expelled as the Lodge, by a two-thirds vote, shall determine.

Trial of accused members.

Sec. 4. Every member shall be entitled to a fair trial for any offence involving reprimand, suspension, or expulsion. No member shall be put upon trial, unless charges duly specifying the offence, so as fully to apprise him of the nature thereof, to enable him to prepare for his defence, shall have been submitted to the Lodge, in writing, and signed by a member of some Lodge in this jurisdiction, and a copy thereof, under seal of the Lodge, shall have been served upon him at least one week previous to the trial being had.

Trial Committee of five; their powers.

Sec. 5. Such charges shall be referred to a Committee of five members of the Lodge to which the accused belongs, who shall, if possible, be chosen from the peers of the accused; and such Committee shall, without unnecessary delay, summon the parties and try the case; they shall keep full and accurate minutes of the evidence, and of their proceedings, and report the same in full to the Lodge, with their verdict.

Witnesses.

If a witness be a member of the Order, he shall give his evidence on the honor of an Odd-Fellow; if he be not a member, then on oath or affirmation; and the proceedings must state that such obligation, oath, or affirmation was duly administered. No testimony shall be taken without notice or opportunity for cross-examination by the opposing party.

Notice of adverse verdict.

Upon the report being made to the Lodge, notice thereof shall forthwith be given, by the Secretary, to the party against whom the verdict is rendered, and he shall have two weeks time in which to file exceptions to the finding of the Committee. If no exceptions are filed within two weeks, the page 55 Lodge shall proceed to pronounce judgment upon the verdict, and affix the penalty. An appeal from the judgment of the

Appeal to Grand Lodge, or,

Lodge may then be taken at any time within four weeks thereafter to the Grand Lodge; and, if no such appeal is taken within the time specified, the judgment of the Lodge shall be final. When a bill of exceptions to the report of the

Bill of exceptions

Committee is filed, as above provided, the Lodge may determine upon its merits, and either sustain the report of the Committee, or refer the same back to the same or another Committee, or grant a new trial. If, however, the Lodge deems the exceptions not well taken, it shall proceed to pronounce its judgment and affix the penalty.
Sec. 6. If the accused refuses or neglects to stand trial

Refusing trial to be taken as guilt.

when duly summoned, the Committee shall report him guilty of contempt of the Lodge, which report shall be conclusive, and the punishment shall be expulsion.
Sec. 7. If a specified penalty for an offence be provided in

Affixing penalty.

the Constitution or Bye-Laws, the N. G. shall enforce it. If none be so provided, the Lodge shall decide by ballot whether the penalty shall be expulsion, suspension, or reprimand and fine. During the ballot the accused brother shall withdraw from the Lodge Room. The argument on the case is then closed, and no subsequent debate on the merits of the case, in the absence of the accused, shall be allowed. In voting, paper ballots must be used, and the first ballot must be taken on expulsion; and if two-thirds of the ballots are cast for expulsion, such shall be the penalty; but, if two-thirds be not cast for expulsion, a second ballot shall be had on suspension, and if two-thirds of the ballots are cast for suspension, suspension shall be the penalty; and the Lodge shall proceed to fix the duration of such suspension. If neither expulsion nor suspension be determined upon as the penalty, as above provided, then the penalty shall either be reprimand, fine, or both; if fine is determined upon, then the Lodge shall fix the amount, not exceeding two pounds sterling; if reprimand is decided page 56 upon, then the accused shall be reprimanded in open Lodge by the acting N.G. No ballot held under this section shall be reconsidered. All fines imposed under this section shall be charged in his account, and considered in determining his standing in the Lodge as dues; and when the fines thus imposed, added to his dues, brings him under the penalty of Section 1 of this Article, he shall be notified of the state of his account, and allowed the usual time to make payment. In all cases, if he ceases to be a member, upon reinstatement he shall pay the whole amount of the fine and dues.

Reprimands.

Sec. 8. When a member shall be subject to the penalty of reprimand, he shall be summond to attend at some regular meeting, to be fixed by the N.G., to be reprimanded from the chair of the N.G.; and, until he so attends and be reprimanded, he shall be suspended from all benefits and privileges of membership.

Notices to other Lodge.

Sec. 9. Notice of all expulsions, suspensions, rejections, and reinstatements, and of brothers who have ceased to be members in accordance with Section 1 of this Article, shall forthwith be forwarded to every Lodge in the District, and to the Subordinate Encampment of which such brother is a member, and also to the R. W. Grand Secretary.

Reinstatements.

Sec. 10. An expelled member can be reinstated only after a proposition, reference, and election by ballot, as in the case of a newly proposed member. A brother suspended for any cause may be reinstated ou the removal of the cause, or the expiration of the term for which he was suspended, without action of the Lodge, and the N.G. shall declare in open Lodge his being reinstated.

Amount to accompany applications for reinstatement.

Sec. 11. Any person who may have ceased to be a member in consequence of nonpayment of dues, may be reinstated within nine months, by a vote of two thirds of the members present, by the payment of the whole amount due to the Lodge at the time he ceased to be a member, provided that a motion to that effect has been offered at one regular meeting page 57 previous to taking action thereon; but after nine months the amount due the Lodge shall be paid, and he shall petition the Lodge in writing, which shall be disposed of by reference and election by ballot in the same manner as is provided for petitions for memberships by initiation. In all applications for reinstatement to membership, the amount required shall accompany the application.
Sec. 12. Any member intending to appeal from the action

Notice of appeal.

of the Lodge, either in a decision of law or where charges have been preferred, shall file with the Secretary a notice of his appeal and the grounds thereof; upon which the Secretary shall forthwith send a true copy of the notice, together with a certified copy of all charges, reports, evidence, and proceedings of the Lodge, relating to the case, to the District Deputy Grand-Master.
Sec. 13. Any member guilty of habitual drunkenness, or

Drunkenness, &c.

infamous offences against the laws of the land, or improper conduct in or out of the Lodge; or of feigning himself sick, with a view of abusing the benevolent intentions of the Order; or who shall maliciously bring charges against a brother, which he is unable to prove; or shall knowingly propose any unworthy person for membership, or shall divulge the name of a brother who shall speak or vote against a candidate for membership; or shall make public any transaction which should be confined to the Lodge, shall be subject to reprimand, fine, suspension or expulsion, according to the degree of the offence, as the Lodge, after due trial and conviction, by a two-third vote of the members present, may determine.