Appendix—Masonic Documents and Forms of Trials

General Ahiman Rezon, by Daniel Sickels, [1868], at sacred-texts.com

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APPENDIX.

FORM OF PETITION FOR A NEW LODGE.

To the M. W. Grand Master of Masons of the State of

THE undersigned petitioners, being Ancient Free and Accepted Master Masons, having the prosperity of the fraternity at heart, and willing to exert their best endeavors to promote and diffuse the genuine principles of Masonry, respectfully represent—That they are desirous of forming a new Lodge in the ...... of ....... to be named ...... No. .... They therefore pray for letters of dispensation, to empower them to assemble as a regular Lodge, to discharge the duties of Masonry, in a regular and constitutional manner, according to the original forms of the Order, and the regulations of the Grand Lodge. They have nominated and do recommend Brother A. B. to be the first Master; Brother C. D. to be the first Senior Warden, and Brother E. F. to be the first Junior Warden, of said Lodge. If the prayer of this petition shall be granted, they promise a strict conformity to the edicts of the Grand Master, and the constitution, laws and regulations of the Grand Lodge.

FORM OF DISPENSATION FOR A NEW LODGE.

To all whom it may concern:

KNOW YE, That we, A. B., Most Worshipful Grand Master of Ancient, Free and Accepted Masons of ......, having received a petition from a constitutional number of brethren, who have been properly vouched for as Master Masons in good standing, setting forth that, having the honor and prosperity of the Craft at heart, they are desirous of establishing a new Lodge at ...... under our masonic jurisdiction, and requesting a Dispensation for the same:

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[paragraph continues] And whereas there appears to us good and sufficient cause for granting the prayer of the said petition; we, by virtue of the powers in us vested by the ancient Constitutions of the Order, do grant this our DISPENSATION, empowering Brother A. B. to act as Worshipful Master, Brother C. D. to act as Senior Warden, and Brother E. F. to act as Junior Warden of a Lodge to be held under our jurisdiction at ...... by the name of ...... And we further authorize the said brethren to Enter, Pass, and Raise Freemasons, according to the Ancient Constitutions of the Order, the customs and usages of the Craft, and the Rules and Regulations of the Most Worshipful Grand Lodge of ......, and not otherwise. And this our DISPENSATION shall continue of force until the Grand Lodge aforesaid shall grant a Warrant of Constitution for the same, or this DISPENSATION be revoked by us, or the authority of the aforesaid Grand Lodge.

FORM OF WARRANT FOR A LODGE.

WE, the Grand Lodge of the Most Ancient and Honorable Fraternity of Free and Accepted Masons, of the State of ......, in Ample Form assembled, according to the Old Constitutions, regularly and solemnly established under the auspices of Prince Edwin, at the city of York, in Great Britain, in the year of Masonry 4926, viz.:

do, by these presents, appoint, authorize, and empower our worthy

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brother ........ to be the Master; our worthy brother ........ to be the Senior Warden; and our worthy brother ........ to be the Junior Warden, of a Lodge of Free and Accepted Masons, to be, by virtue hereof, constituted, formed, and held in ............ which Lodge shall be distinguished by the name or style of ...... and the said Master and Wardens, and their successors in office, are hereby respectively authorized and directed, by and with the consent and assistance of a majority of the members of the said Lodge, duly to be summoned and present upon such occasions, to elect and install the officers of the said Lodge as vacancies happen, in manner and form as is, or may be, prescribed by the Constitution of this Grand Lodge.

And further, the said Lodge is hereby invested with full power and authority to assemble upon proper and lawful occasions, to make Masons, and to admit members, as also to do and perform all and every such acts and things appertaining to the Craft as have been and ought to be done, for the honor and advantage thereof, conforming in all their proceedings to the Constitution of this Grand Lodge, otherwise this Warrant, and the powers thereby granted, to cease and be of no further effect.

Given under our hands and the seal of our Grand Lodge, at the city of ......, in the United States of America, this .... day of ......, in the year of our Lord one thousand eight hundred and ......, and in the year of Masonry five thousand eight hundred and ......

............   ............       
Grand Secretary.

Registered in the Book of the Grand Lodge,
       Page ....

FORM OF A LODGE CERTIFICATE.

TO ALL FREE AND ACCEPTED MASONS ON THE FACE OF THE GLOBE—GREETING:

We, the Master and Wardens of ...... Lodge No. .... Free and Accepted Masons, constituted under a charter from the M. W. Grand Lodge of the State of ......, do certify that our worthy brother ...... has been regularly initiated as an Entered Apprentice,

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passed to the degree of Fellow Craft, and raised to the sublime degree of Master Mason, and is distinguished for his zeal and fidelity to the Craft. We do therefore recommend that he be received and acknowledged as such by all true and accepted Freemasons wheresoever dispersed.

In testimony whereof we have granted him this certificate under our hands and the seal of the Lodge (having first caused our worthy brother to sign his name in the margin), this .... day of .... A. D. 18.., A. L. 58..

This is to certify that ...... Lodge No. .. is a legally constituted Lodge, working under the jurisdiction of the M. W. Grand Lodge of ......

             ...... 585.

                          ............ Grand Sec’y.

FORM OF A GRAND LODGE DIPLOMA.

We, the Grand Lodge of the State of New York, by these presents testify and declare to all whom it may concern, that our brother ......, who has signed his name in the margin hereof, is a regular Master Mason of ...... Lodge No. .., as appears to us by the certificate of the said Lodge held under our jurisdiction in the ...... county of ...... State of New York, in the United States of America. In testimony whereof we have caused our seal to be hereunto affixed, and our Grand Secretary to subscribe the same, at the city of New York, this .. day of .... A. D. 18.. A. L. 58..

............ ...... Grand Secretary.

FORM OF A DIMIT.

FREE AND ACCEPTED MASONS.

Acknowledging the jurisdiction of the Grand Lodge of the State of ......, to all whom it may concern, erecting: This certifies

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that brother ......, whose name appears in the margin of this dimit, is a Master Mason, and was a member of this Lodge in good standing and clear of the books, and as such we do cordially commend him to the fraternal guard of all true Free and Accepted Masons, wherever dispersed around the globe.

In testimony whereof we have caused this dimit to be signed by the Master, and the seal of the Lodge to be attached, this .... day of A. D. 18.., A. L. 68..

FORM OF TRIALS AND APPEALS.

THE first step to be taken toward a Masonic trial is, of course, to prefer charges, or make a complaint. The important requisites of a complaint are, that it should be brief, and yet comprehensive, clearly defining the nature of the offense charged, with an accurate specifying of the time, place and circumstances of its commission. This, when the transaction took place out of the Lodge, may be preferred by any brother, but should properly be presented by the Junior Warden. It may be in this form:

1.—Complaint.

To the W. Master, Wardens and Brethren of Triluminar Lodge, No. 800: Brother A. B. is hereby charged with immoral and unmasonic conduct:

First Specification.—That the said A. B., on the first day of April 1859, in the public street, at Freetown, in the county of ......, was in a state of intoxication from the use of strong and spirituous liquors, in violation of his duty as a Mason, and to the scandal and disgrace of the Masonic Fraternity.

Second Specification.—That the said A. B., on the first day of April, 1859, at Freetown aforesaid, and at various other times and places, in the year 1859, was intoxicated with strong and spirituous liquors, although admonished therefor by the Master and Wardens of this Lodge, in violation of his duty as a Mason, to the great scandal and disgrace of the Fraternity; and it is hereby demanded, that the said A. B. be dealt with therefor, according to Masonic law and usage.

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2.—Complaint (in another form.)

To the W. Master, Wardens and Brethren of Triluminar Lodge, No. 800: Brother C. D. is hereby charged with immoral and unmasonic conduct:

First Specification.—That the said C. D., on the first day of April, 1859, at Freetown, in the county of ......, in the presence and hearing of Bro. E. F., and others, spoke and declared of Bro. G. H., of Anchor Lodge, No. 801, these words in substance: that the said G. H. was a dishonest man; that he was a knave and a cheat; and that he was a liar, to the great injury of the said G. H., and to the common scandal and disgrace of the Masonic Fraternity.

Second Specification.—That the said C. D., on the first day of April, 1859, at Freetown aforesaid, in the presence and hearing of Mr. Y. Z., and others, publicly spoke and declared of the said G. H., who was not present, that he, the said G. H., was a dishonest man, a knave, a cheat and a liar, in violation of the duties of the said C. D. as a Master Mason, to the great injury of the said G. H., and to the common scandal and disgrace of the said Anchor Lodge, No. 801, and of the Masonic Fraternity; and it is therefore hereby demanded, that the said C. D. be put upon trial therefor.

S. L., Junior Warden.

Dated April 9, 1859.

These forms might be indefinitely multiplied, but these will be sufficient to show the manner and importance of specifying time, place and circumstances constituting the offense.

This charge (and that contained in the first form will hereafter he followed) having been presented in open Lodge, and received, the Master thereupon appoints commissioners to hear and try the same, pursuant to the provisions of the constitution, which is entered upon the minutes. The charges need not be entered, but the nature of them should be. It is then the duty of the Secretary immediately to serve upon the accused a copy of the charges, with the following notice annexed:

3.—Notice of Charges.

Bro. A. B. Take notice, that the within (or foregoing) is a copy of the charges preferred against you, at a stated communication of Triluminar Lodge, No. 800, held on the 9th of April, inst., and

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that Bros. R. S., T. U. and V. N. were appointed commissioners to hear and try the same.

P. Q., Secretary.

Dated, April 10, 1859.

Should the commissioners determine, at the time the charges are preferred (and it is recommended that they should in all cases, if possible), when and where they will meet for trial, the Secretary may add to the above notice the following: "and that they will meet for that purpose on the 20th instant, at 7 o’clock P.M., at Triluminar Lodge room, at Freetown, at or before which time you are required to answer said charges."

In case the accused absent himself, so that the charges cannot he personally served, the copy may be transmitted by mail, if his residence be known; if not, after a reasonable time, and after diligent inquiry, the Secretary should report the fact to the Lodge for their further action. In all cases the prosecutor or Secretary should take care that the accused be served with notice of the time and place of meeting of the commissioners for trial, at the time of service of the charges.

The charges being served, it is the first duty of the accused, if he has an objection to any of the commissioners, to make his challenge, that the master, if satisfied that there is ground for it, may supply the vacant place by another appointment. If there be doubts as to its foundation, the master, or other commissionors, may act as triers; but it is recommended that if there be reasonable objection, or probable cause therefor be manifest, that the commissioner challenged remove all question by resignation.

The tribunal being properly constituted, it is next the duty of the accused to answer the charges. As this must be in every case equivalent to the well-known plea of "Not Guilty," it is scarcely necessary to furnish a form, yet, for the sake of making up a complete record, in cases of appeal, one is subjoined:

4.—Answer.

C. D., in person, denies the charges made against him, and every matter and thing contained in the several specifications of the same, and demands trial thereon.

Of course this answer will vary according to the facts of each case. One specification may be admitted and another denied.

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The charge and specifications may be admitted, and matters set up in extenuation or excuse. Assuming the answer to be a denial the issued is formed, and the parties proceed to trial. To procure the attendance of witnesses on either side, some process may be necessary. If the witness be not a Mason, his attendance must, of course, be voluntary; but a Mason is bound to obey a summons. This may be issued by any master of a Lodge (Constitution § 56), and in the following form:

5.—Summons for Witness.

To Bro. I. J.: You are hereby summoned and required to at-. tend as a witness before the commissioners appointed for the trial of A. B., on certain charges preferred against him, on the 20th day of April, instant, at 7 o'clock P.M., at the Lodge room of Triluminar Lodge, No. 800, in Freetown, and there to testify the truth, according to your knowledge.

K. L., Master.

Dated, April 16, 1859.

This may be made to answer for several witnesses, by inserting their names and adding the words "and each of you" after the word "you." The brother disobeying such a summons may be proceeded against as in case of disobedience to any other summons. For this purpose the person serving it should note upon it when and how it is served.

The commissioners, having met for trial, should organize; that is to say, one of their number (and usually the first named) should preside, though they may choose another for that purpose; and another of them should be chosen to act as their clerk, and keep the minutes of their proceedings. A copy of the resolution under which they were appointed, together with their appointment, should be furnished them by the Secretary. They should keep minutes of their proceedings, which may be in this form:

6.—Minutes of Commissioners.

The commissioners appointed for the trial of A. B., on the charges a copy of which is hereto annexed (marked A) pursuant to the following resolution (copy resolution), assembled at the Lodge room of Triluminar Lodge, No. 800, on Wednesday evening, the 20th of April, 1859:

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Present: R. S., T. U. and V. N., commissioners. R. S. officiated as chairman, and V. N. was chosen clerk.

A. B. appeared before them and objected to T. U., one of the commissioners, on the ground that he was present at the meeting of the Lodge when the charges were preferred, and voted for their reference.

Bro. T. U. stated that he had formed no opinion on the subject, and the other commissioners decided that he was competent to act as commissioner, to which Bro. B. took an exception.

The charges were then read by Bro. S. L., Junior Warden, together with the answer of Bro. A. B.

Bro. B. requested that P. S., Esq., an attorney and not a Ma son, should examine the witnesses on his behalf and assist him in his defense. The commissioners decided against the request, but further decided that he might employ the services of any brother to assist him in defense; to which Bro. B. took an exception. He then employed Bro. N. O. to assist him as counsel. Bro. O. objected to the form of the charges as being vague and uncertain, but the commissioners decided them to be sufficient; to which Bro. O. took an exception.

Bro. E. F. was then introduced as a witness by the Junior Warden, and testified as a Master Mason as follows: I am acquainted with Bro. A. B.; I saw him on Main street, in Freetown, on the first day of April last; I was on the opposite side of the street; he appeared to be much intoxicated (objection was made to the appearance of accused, but it was overruled and an exception taken) he was there for about half an hour; he reeled as he walked, &c.

On cross-examination Bro. E. F. further testified: I know that Bro. B. had been sick, &c.

The commissioners then adjourned to meet at the same place on Thursday evening, the 21st April 1859, at 7 o'clock Y. M.

Thursday evening, April 21, 1859.

The commissioners met pursuant to adjournment: present all the commissioners and also Bro. L. the Junior Warden and Bro. A. B. and his counsel Bro. O.

Bro. U. officiated as chairman.

Mr. H. C. was then introduced as a witness by the Junior Warden, and stated as follows:

I was in Freetown on the first day of April instant, &e.

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The proofs on the part of the complainant here rested.

Bro. O., on behalf of Bro. A. B., then produced the sworn affil. davit of Mr. J. B., to which the Junior Warden objected, on the ground that Mr. B. should be produced for cross-examination.

The commissioners sustained the objection on that ground, and Bro. O. took an exception.

Mr. B. was then produced, and the Junior Warden then consented that his affidavit might be read, which was read accordingly, and is hereto annexted (marked B).

The Junior Warden then cross-examined Mr. B., who stated as follows, dc.

The proofs being closed, after hearing both parties, the commissioners decided to meet again on the 23d day of April instant, to determine on their report.

Saturday, April 23, 1859.

The commissioners again met by themselves, and after consultation decided upon their report, a copy of which is hereto annexed (marked C), and notified the parties thereof.

Signed by the Commissioners.

These minutes have been given in this extended form because hey present a convenient way of stating certain facts and proceedings on trial. Thus, the statement of formal objections and the grounds of them, together with the decision thereon of the commissioners (which should always be stated), are here set forth; also, that the Junior Warden acted as prosecutor; that the employment of an attorney not being a Mason was not permitted, but that the accused was permitted to have counsel; that the first witness testified in his character as a Master Mason, and that the second witness, not being a Mason, made his statement merely, no oath being administered to either; that the testimony is taken down in the words of the witness, and of course in the first person as be spoke; that the precise point objected to is stated; that the time and place of each adjournment are noted; that a sworn affidavit was not admitted because no opportunity was given for cross-examination; and, finally, that the commissioners met alone and decided upon their report, and then gave notice to the parties; all of which may furnish useful hints to those engaged in such trials, without further comment; it being presumed that

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the usual forms of such proceedings and the ordinary rules of evidence are understood and will be observed. It is at the option of the commissioners whether they will admit any one to be present but the parties and the witnesses testifying, but on all such occasions none but Masons should be admitted, except the witness not a Mason, and while testifying.

As the form of the notice given to the parties by the commissioners (Constitution, § 57) may be desired, it is here given, and may be as follows.

7.—Notice of Decision.

To Bro. S., Junior Warden, and Bro. A. B.

You will each take notice that we have agreed upon and signed our report in the matter of charges against Bro. A. B., referred to us, by which we have found the charges sustained, and Brother B. guilty thereof, and that the expenses of the proceedings be paid by him; and that we shall present the report to Triluminar Lodge at its stated communication, on the 30th April instant.

(Signed by the Commissioners.)

Dated April 23d, 1859.

The trial being concluded and the report thus agreed upon, the commissioners will have it drawn up in form for the action of the Lodge. This report need not, in the first place, contain anything but the facts found and the conclusions arrived at thereon by the commissioners. These conclusions, like those of any other committee, should be in the form of resolutions, for the definite action of the Lodge. Should the Lodge, on the report coming in, desire to hear the testimony read or any of the decisions stated, it will be the duty of the commissioners to comply.

The report may be in the following form:

8.—Report of Commissioners.

To the W. Master, Wardens and Brethren of Triluminar Lodge, No. 800.

The commissioners appointed for the trial of Bro. A. B., on charges of intoxication heretofore preferred in this Lodge, respectfully report:

That they met at the Lodge room of this Lodge on Wednesday evening, the 20th of April last past, and proceeded to hear and try the matters referred to them.

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That objections were presented to Bro. U., one of their number, which they overruled, and also refused to permit Bro. B. to appear by counsel, not being a Mason, and thereupon Bro. N. O. appeared for him. That objections were made to the charges, which were overruled.

That they proceeded to take testimony (in the course of which they decided not to admit a sworn affidavit), and Bro E. F. and Mr. H. C. and Mr. J. B. were examined as witnesses.

That they held three meetings, the last of which was for the purpose of agreeing upon and preparing their report.

That from the testimony before them they find the following facts:

1. That Bro. A. B. was intoxicated with strong and spirituous liquors, in a public place, at Freetown, on the first day of April, 1859.

2. That Bro. A. B. has been at least twice intoxicated in a public place, in Freetown aforesaid, within two weeks previous to the said first day of April, 1859.

They therefore recommend the adoption of the following resolutions:

Resolved, That the charges of intoxication against Bro. A. B., made and presented to this Lodge on the 9th day of April, 1859, are sustained, and that he is guilty of the said charges.

Resolved, That Bro. A. B. be and he is hereby suspended from this Lodge, and from the rights and privileges of Masonry, for the space of three months from this date.

The charges and expenses of the commissioners amount to the sum of three dollars, which they adjudge that Bro. A. B. should pay, of all which they have notified the Junior Warden and Bro. A. B. All of which is respectfully submitted,

Dated, April 23, 1859.

If the resolutions be adopted, the Secretary of the Lodge should transcribe them on his minutes, together with the adjudication as to charges and expenses. The resolutions, however, are subject to the action of the Lodge, who may reverse the decision of the commissioners, or, if sustained, may amend the resolution as to the penalty by increasing or diminishing it; the decision of the commissioners,

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however, as to expenses is final (Cons. § 61.) Should the resolutions be adopted (and for this purpose a majority vote is sufficient, unless the by-laws provide differently,) and the accused be absent from the Lodge, it is the duty of the Secretary to furnish him immediately with a copy of the resolutions and of the award as to expenses, with a notice, which may be in this form:

9.—Notice of Judgment.

To Bro. A. B.:

Take notice, that the foregoing is a copy of resolutions adopted by Triluminar Lodge, No. 800, at their communication held at their Lodge room in Freetown, on the 30th day of April instant, together with a copy of the award made by the commissioners as to expenses.

P. Q. Secretary.

Dated, April 30th, 1859.

Thus have been presented the ordinary proceedings from complaint to judgment on a Masonic trial on charges preferred in a Lodge. Some of them may be found practically unnecessary, but the complaint, minutes and report are deemed important, and should be substantially followed in every case. Other proceedings, under the title of the Constitution, entitled "Of Trial and Its Incidents," may be adapted to them, varying the allegations to suit the case, and bearing in mind that in all the cases mentioned in section 54 the decision of the commissioners is final, unless an appeal be taken from it. (§ 58.) In these cases the report will be made to the Grand Lodge, and the minutes, with the report annexed, filed in the office of the Grand Secretary, and notice given to the parties by the commissioners. Their report, in such cases, need not conclude with resolutions, but with an award of judgment in the nature of both a verdict and sentence. It may be in this form, in place of the recommendation of resolutions:

10.—Report of Commissioners (another form).

The said commissioners do therefore adjudge and determine as follows:

1. That the charges of intoxication against Bro. A. B., of Triluminar Lodge, No. 800, preferred by Bro. C. D., of Anchor Lodge, No. 801, on the 9th day of April, 1859, are sustained, and that he is guilty of the said chargers.

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2. That the said Bro. A. B. be and he is hereby suspended from said Triluminar Lodge, and from the rights and privileges of Masonry, for the space of three months from this date.

3. That the said A. B. be adjudged to pay the charges and expenses of the proceedings on this trial.

The charges and expenses, &c., (as in the preceding report, except 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 following 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 determined 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 months, and that he do pay the costs and expenses of the proceedings before us; amounting to the sum of three dollars.

Signed by the Commissioners.

Dated, April 23, 1859.

The subject of Appeals next claims our attention, and we shall still follow 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 advisable that he give notice of it immediately, which may be in the following form:

12.—Notice of Appeal.

To P. Q., Secretary of Triluminar Lodge, No. 800:

Take notice, that I shall bring 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, R. W. Deputy Grand Master, or R. W. District Deputy Grand Master of this district, as he may choose,) on the grounds to be stated in my appeal.

A. B.

Dated, May 4. 1859.

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On receiving this notice, the Secretary of the Lodge—or, in all cases not under section 60, the commissioners—will transmit to the Grand Lodge, or Grand officer, as the case may be, a copy of the minutes of proceedings embracing the evidence, with n copy of the report, to the Lodge—marked C and numbered 8—annexed, all duly attested and certified; and by carefully observing these directions 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 York (or M. W. Grand Master):

The undersigned hereby appeals to you from the decision of Triluminar 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 F. U., one of the commissioners on his trial, was incompetent 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 erred 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 uncertain.

4. That the commissioners erred in receiving testimony as to appearances of intoxication.

5. That they erred in rejecting the sworn affidavit of J. R.

6. That the proofs in the case were not sufficient 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 appears by the papers, proceedings and evidence in the case.

A. B.

Dated, May 11, 1859.

A copy of this appeal should be served on the Secretary of the

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[paragraph continues] Lodge; and it is best, also, to serve a copy on the appellate tribunal 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 unnecessary; yet one is subjoined, as follows:

14.—Answer to Appeal.

Triluminar Lodge, No. 800, answers the appeal of A. B. and says:

That the said Lodge denies that there is any error in the proceedings 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 applicable thereto.

S. L., Junior Warden.

Dated, May 21, 1859.

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 commencement, and adding thereto as follows:

Because the said Lodge says as to the first ground of appeal, &c.

And because the said Lodge says as to the second ground of appeal, &c.

The case being thus fairly brought up on appeal, the Grand Lodge or Grand officer may hear the same, either by oral argument, or the appeal and answer thereto may be made sufficiently full to call attention to all the points in the case and the reasons therefor. If the Secretary of the Lodge shall have omitted a transcript of the proceedings of the Lodge, and the same be required to make the case perfectly understood, the Grand Master, Deputy Grand Master, or District Deputy Grand Master may make an order in this form:

15.—Order on Appeal.

OFFICE OF THE GRAND MASTER OF MASONS,
May 28, 18..                   

To the W. Master, Warden and Brethren of Triluminar Lodge, No. 800:

Bro. A. B. having duly appealed from the decision of your Lodge made on the 30th April, 1859, suspending him for three

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months, you are hereby required to transmit, by the hand of your Secretary and seal of your Lodge, a transcript of all the proceedings of your Lodge, in the case of the said A. B., from the time of the presentation of the charges against him until the final action of your Lodge thereon, with the several dates thereof, together with all papers and documents relating thereto not heretofore returned, within .... 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 decision. 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 GRAND MASTER OF MASONS, &c., June 4, 1859.

Brother A. B. having appealed from the decision of Triluminar 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 be any error or irregularity in the proceedings, or in the several decisions 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 may here insert his remarks and reasons.]

My judgment and decision, therefore, is, that the proceedings and decisions of Triluminar Lodge, No. 800, in the case of Bro. A. B., be and the same are hereby affirmed.

....... ......., Grand Master.

If the decision be reversed, the appellate officer will vary the second paragraph and give his reasons for dissenting from the conclusions

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of the commissioners and Lodge, and use the word "reversed" in the last paragraph, instead of "affirmed." Should he 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 case will 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 be 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 Lodge.

To the M. W. Grand Master (or R. W. Deputy Grand Master) and 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 the decision of the M. W. Grand Master, made in and by his order of June 4th, 1859, in the case of this appellant, affirming 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 thereof and judgment thereon.

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 especially in the great variety of charges. It should be remarked that, when the charges are based upon a section of the constitution, or of the Lodge by-laws, it should be plainly and distinctly referred to.

Should the accused admit the charges when served upon him, proof of such admission or confession will be all that the commissioners

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are required to have made, and they will make up their minutes, and report accordingly, adopting the foregoing forms.

If the accused fails to appear and answer the charges after personal service, the Commissioners may proceed, after taking proof of such service, to take proof of the charges, and in such case 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 snit such a state of facts.

DISPENSATION TO A LODGE TO CONTINUE ITS LABORS, AFTER THE DESTRUCTION OR LOSS OF ITS WARRANT.

WE, ........, Most Worshipful Grand Master of Masons, in and for the State of ........, to the Worshipful Master, Wardens, and members of ........ Lodge, No ...., held in .............. GREETING: WHEREAS, our Right 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 LORD one thousand ...... hundred and ......, and of Masonry five thousand ...... hundred and ......, and recorded in the book of warrants ......, page ..., authorized the holding of a Lodge under 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, WHEREAS, it has been represented to us that the said warrant has been lost or mislaid: Now, therefore, by virtue of the powers and authorities in us vested, we do hereby authorize, empower, and request you, 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 might 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 our Grand Lodge, and not contrarywise.

Given under our hand and seal, at the city of .., in the State of .., this ... day of ...., in the year of our LORD one thousand eight hundred and. ...., and of Masonry five thousand eight hundred and .......

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CERTIFICATE OF ELECTION.

The certificate of the election of officers in a Subordinate Lodge should be in the following form, and said officers cannot be recognized as members of the Grand Lodge until a proper certificate of 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 of ....... 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..

Resolved, That our Worshipful Brother ......., Past Master (or 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 fully empowered to act in our behalf, in all the transactions of the Grand Lodge, as effectually as if we ourselves were personally present.

All which we have caused to be certified by our Master and Wardens, and the seal of our Lodge to be affixed.