Page images
PDF
EPUB

suffering none to remain in our Church on any account who are found guilty of any fraud.

256. To prevent scandal, when any Member of the Church fails in business, or contracts debts which he is not able to pay, let two or three judicious Members of the Church inspect the accounts, contracts, and circumstances of the supposed delinquent; and if they judge that he has behaved dishonestly, or borrowed money without a probability of paying, let him be brought to trial, and, if found guilty, expelled.

VII. General Directions Concerning Trials.

T257. In all cases of trial of Members let all witnesses for the Church be duly notified by the Preacher in Charge. The order concerning absent witnesses and witnesses from without shall be the same as that observed in the trial of Ministers. The accused shall have the right to call to his assistance as counsel any Member or Minister in good and regular standing in the Methodist Episcopal Church.

¶ 258. When the Quarterly Conference, sitting to hear Appeals, remands a case for a new trial, the Preacher in Charge shall proceed to try the accused Member again unless the charges are withdrawn.

¶ 259. In all cases requiring the accused Member to be expelled the Preacher in Charge shall pronounce the sentence of expulsion.

¶ 260. An expelled person shall have no privileges of Society or of the Sacraments in our Church without confession, contrition, and satisfactory reformation.

¶ 261. In all cases of trial and appeal it is improper for the Presiding Officer to deliver a charge to the Committee explaining the evidence and setting forth the merits of the case.

CHAPTER VI.

THE JUDICIAL CONFERENCE.

¶ 262. The several Annual Conferences shall, at each session, select seven Elders, men of experience and sound judgment in the affairs of the Church, who shall be known as Triers of Appeals.

¶ 263. When notice of Appeal is given to the Presi dent of an Annual Conference, he shall proceed, with due regard to the wishes and rights of the Appellant, to designate three Conferences conveniently near to that from which the Appeal is taken, whose Triers of Appeals shall constitute a Judicial Conference, and to fix the time and place of its session; he shall also give notice thereof to all concerned. When said Conference shall have assembled, it shall be competent to try Appeals which may be presented to it from any Conference conveniently near, due notice having been given to all concerned.

¶ 264. The Appellant shall have the right of peremptory challenge, yet so that the Triers of Appeals present, and ready to proceed with the hearing, shall not fall below thirteen, which number shall be required for a quorum.

¶ 265. A Bishop shall preside in the Judicial Conference, and shall decide all Questions of Law arising in its proceedings, subject to an appeal to the General Conference. The Conference shall appoint a Secretary, who shall keep a faithful record of all the proceedings, and shall, at the close of the trial, transmit the records made and the papers sub

mitted in the case, or certified copies thereof, to the Secretary of the preceding General Conference, to be filed and preserved with the papers of that body. But if the case be remanded for a new trial, the papers submitted shall be returned to the Secretary of the Annual Conference of which the accused is a Member.

CHAPTER VII.

APPEALS OF MINISTERS.

¶ 266. In all cases of trial and conviction of Members of the Annual Conferences, an Appeal shall be allowed to a Judicial Conference, constituted as hereinbefore provided, if the condemned person signify his intention to appeal within three months of the time when he is informed of his conviction.

¶ 267. It shall be the duty of the Secretary of the Annual Conference carefully to preserve the minutes of the trial, whether before a Select Number or before the Conference, and all the documents relating to the case, together with the charge or charges, and the specification or specifications, which minutes and documents only, in case of an Appeal from the decision of an Annual Conference, shall be presented to the Judicial Conference in evidence in the case.

¶ 268. In all cases where an Appeal is made, and admitted by the Judicial Conference, the Appellant shall state, either personally or by his representative, the grounds of his Appeal, showing the reason why he appeals, and he shall be allowed to make his Appeal without interruption. After which the Representatives of the Annual Conference from whose decision the

Appeal is made shall be permitted to respond in presence of the Appellant, who shall have the privilege of replying to such Representatives, which reply shall close the pleadings on both sides. This done, the parties shall withdraw, and the Judicial Conference shall decide the case. It may reverse, in whole or in part, the findings of the Annual Conference, or it may remand the case for a new trial. It may determine what penalty, not higher than that affixed by the Annual Conference, shall be imposed. If it neither reverse, in whole or in part, the judgment of the Annual Conference, nor remand the case for a new trial, the judgment of the Annual Conference shall stand. But it shall not reverse the judgment, nor remand the case for a new trial on account of errors plainly not affecting the result.

Counsel on both sides shall be Members of an Annual Conference.

¶ 269. Appeals from an Annual Conference in the United States not easily accessible may, at the discretion of the President thereof, be heard by a Judicial Conference selected from among the more accessible Conferences. Appeals from an Annual or Mission Conference not in the United States may be heard at the discretion of the Bishop in permanent charge thereof (due reference being had to the rights and interests of all concerned), either by a Judicial Conference called by said Bishop from neighboring foreign Conferences, or by a Judicial Conference called by him to meet at or near New York, or by the General Conference through a special Judicial Committee appointed for the purpose.

¶ 270. When the case of any Minister who has been suspended or expelled is remanded for a new trial, he

shall be suspended from all Ministerial service until the next ensuing session of the Annual Conference.

271. The General Conference shall carefully review the decisions of Questions of Law contained in the records and documents transmitted to it from the Judicial Conferences, and in case of serious error therein shall take such action as justice may require.

CHAPTER VIII.

APPEALS OF LOCAL PREACHERS.

¶ 272. In case of condemnation, a Local Preacher shall be allowed to appeal to the next Annual Conference, provided that he signify to the District or Quarterly Conference his determination to appeal; in which case the President of the District or Quarterly Conference shall lay the minutes of the trial before the said Annual Conference, at which the Local Preacher, so appealing, may appear; and the said Annual Conference, by a Select Number, as in the case of accused Members thereof, or in full session, shall judge, and finally determine the case from the minutes of the said trial so laid before it.

NOTE.-For Appeals of Local Preachers from judgments of the AnQual Meeting of a Foreign Mission, see ¶ 357.

CHAPTER IX.

APPEALS OF MEMBERS.

¶ 273. If there is a murmur or complaint from any excluded person in any of the above-mentioned instances (¶ 244-256) that justice has not been done,

« PreviousContinue »