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The Pamphlet Collection of Sir Robert Stout: Volume 60

Charges and Appeals

page 39

Charges and Appeals.

89. Sec. 1—The Court shall appoint at a regular meeting in the

Arbitration or Appeal Committee.

month of January in each year an Arbitration or Appeal Committee of twelve contributing members, who shall perform the functions of such Committee until the next annual change. Any member of the committee who may be chosen as Chief Ranger of the Court, or remove his residence beyond three miles of the Court-room, or who may be either unfinancial or expelled, another member shall be chosen in his place at the same or next Court meeting. The Chief Ranger for the time being shall be the Chairman of the Committee, or the Sub-

Chairman.

Chief Ranger in his absence, but he shall have no vote, except a casting one in the event of the votes being equal. The Secretary of the Court shall act as Secretary of the Committee, but shall not form part of the Committee,

Secretary.

or have any vote. If the Chief Ranger, Sub-Chief Ranger, or Secretary are

If interested.

interested in any case under adjudication, either as plaintiff, defendant, or witness, the Committee shall appoint from amongst themselves a Chairman and Secretary, in which case such Chairman shall only have a casting vote, and if any of the Committee be plaintiff, defendant, or witness in a case, he

Casting vote.

shall not sit on the Committee while such case is tried.

Sec. 2—Members of the District Executive or of the District Appeal Committee shall not be eligible to sit as members of the Appeal Committee of the Court.

Sec. 3—Either plaintiff or defendant shall have the right to challenge members of the committee, which right shall be limited to three each. The word challenged shall be deemed sufficient to prevent the member from sitting.

Sec. 4—That no case be adjudicated upon unless a quorum

Quorum.

of seven members (the Chairman included) are present, nor unless fourteen clear days' notice of the time of hearing has been served in writing, with the Court Seal affixed, by the Chief Ranger, or under his order, upon the plaintiff, and defendant. Such notice if delivered to a member, or at his address as contained in the books of the Court, or posted to such address, shall be deemed sufficient.
Sec. 5—In the event of any dispute, charge, or complaint

Disputes to be referred to Appeal Committee.

in respect to any matter or thing connected with the Order occurring between one member of a Court and another member of the same Court, such dispute, charge, or complaint shall be referred for settlement to the Arbitration or Appeal Committee of the Court, upon the brother aggrieved preferring a charge against the brother complained of within three calendar months from the discovery of the alleged offence or grievence, after which time no charge or complaint shall be entertained. The charge or complaint to be given to the Chief Ranger (in writing), who shall cause the Committee to be summoned to hear the said page 40 charge or complaint, and determine thereon in accordance with the Laws of the Order and the Bye-laws of the Court, such decision to be binding upon all parties, until reversed upon appeal to the District, pursuant to Law 39. Every brother

Deposit.

preferring a charge or complaint shall deposit with the Chief Ranger or Secretary the sum of 10s. towards payment of any

Costs.

costs or fine that may be recorded against him, except so far as regards the officers of the Court in the execution of their duty. And should the member not establish his case, or the charge or complaint be found frivolous or vexatious, the brother preferring it shall be fined 10s. to the funds of the Court, and pay the costs of the accused and of the Court, as these may be fixed by the Committee, and be suspended until the same be paid. The Committee shall in all cases have power to award costs against the unsuccessful party, who shall be charged without discussion or mitigation the cost of hall or room and any expenses that may have been incurred in dealing with the case.

Sec. 6—In addition thereto the Committee may impose upon a brother, for bringing forward a frivolous or vexatious charge and failing to establish his case or upon the brother appealed against, if he fail in clearing himself, any fine not less than 5s. and not more than £5.

Sec. 7—Any accused member shall have the privilege of appointing a brother of the Order (providing such member is financial and not personally interested) to act as counsel for him before the said Appeal Committee.

Appeal against decision of Court or Appeal Committee.

Sec. 8—Any member or person on behalf of a member, or of a deceased member's widow, aggrieved at any decision of the Court or Court Appeal Committee, or the Court grieved at another Court, shall have the power of making an appeal to the District, by giving twenty-one days' clear notice to the District Secretary, who shall summon the other District Officers, also the plaintiff and defendant, to enquire from them and examine if the requirements of the laws bearing upon appeal cases have been complied with, so that they may if possible prevent an informal appeal. The names of all witnesses and their evidence shall be taken in writing at the first hearing, and no other evidence shall be received at any subsequent hearing of the case.

Notice of appeal within one calendar month.

Sec. 9—Notice of such appeal must be lodged with the District Secretary, and intimated (in writing) to the respondent and the appellant fourteen clear days before the meeting at which it is to be discussed. If the appeal is against a brother intimation may be made by leaving a copy of it at his place of residence, and if against a Court by leaving a copy of it at the Courtroom addressed to Secretary of the Court.

Sec. 10—All appeals to the District must be made within one calendar month from the date of the decision of the Appeal Committee and be accompanied with a deposit of 21s.