ADMINISTRATION OF DISCIPLINE.

CHAPTER I.

TRIALS AND APPEALS.

SECTION I.

General Principles.

198. All our Church Courts shall be presided over by a duly qualified minister of the Methodist Church.

199. If the Superintendent of a Circuit be the accuser, or a material witness, or be otherwise disqualified, the Chairman of the District shall preside in his place. If the Chairman of the District be disqualified, the President of the Annual Conference shall preside. If the President of the Conference be disqualified, the senior qualified Chairman in the Conference (that is, senior in the ministry of the Church) shall preside. A Chairman or a President, not disqualified, may appoint a duly qualified substitute, who shall be officially of at least equal status with the officer whose duty it would have been in the first place to preside.

200. If any minister, probationer, or member of the Church, has a knowledge or reliable information of an offence by a minister, probationer, or member, against the law of God or the rules or discipline of the Church, it shall

be his duty to lay a charge before the proper authority. No other person can institute charges. All charges shall

be in writing.

201. If the offence be such as does not seem to require a trial in the first instance, let the officer whose duty it would be to preside at the trial admonish or reprove the accused, and if there be contrition and promise of amendment, let him be borne with; if there be no contrition or promise of amendment, or if the offence be repeated, let a trial be had.

202. A copy of the charges, with a notice of the time and place of trial, shall be given to the accused, at least one week before the trial, by the officer who is to preside.

203. Notices may be given personally or at the residence of a party, or by letter posted to his address or last known address, or in such other manner as may be deemed reasonable or sufficient by the Committee or Court.

204. A Committee of Trial shall consist of five, of whom three shall form a quorum, and, if they agree, may render a verdict. The officer who is to preside at a trial shall summon the qualified persons to compose the Committee. Persons preferring charges, or being material witnesses, shall not be eligible as members of the Committee.

205. No peremptory challenges shall be allowed, but either party may challenge for cause. The presiding officer shall decide upon all challenges.

206. The parties may appear and conduct a trial or an appeal, either personally or by a representative who is a member of the Church in good standing. But this shall not be understood as authorizing or permitting the employment of professional counsel in our Church courts.

obtain any

20%. If an accused person do not appear after due notice, the prosecution may proceed with the trial in his absence. 208. The presiding officer shall cause a record to be kept of the charges, proceedings, evidence, and decision. 209. The Committee shall receive, or may evidence or information pertinent to the case that may be available, and that may aid them in their judgment in doing justice between the parties. The testimony of non-members may be received.

210. The presiding officer shall decide as to the admissibility of evidence.

211. Any amendment of the charges, or any addition thereto, may be allowed at any time, if the Committee consider the same to be in the interest of justice, provided the accused be allowed such opportunity as the Committee think reasonable to meet such amended or new charges.

212. In all cases of trial, the presiding officer shall refrain from delivering any charge to the Committee, or from interfering in any way with their liberty of judgment.

213. If the Committee do not agree upon a decision within a reasonable time, the presiding officer may summon another committee and proceed as if no trial had taken place.

214. A copy of the decision, certified by the presiding officer, shall be furnished or sent to both parties within three days after the rendering of the decision.

215. If the accused be found guilty, and the offence be such as is expressly forbidden by the Word of God, and sufficient to exclude a person from the kingdom of grace and glory, he shall be expelled. In the case of a minister

(other than a General Superintendent) or of a probationer for the ministry, he shall be suspended from the time he is found guilty by the Committee until the Annual Conference shall finally dispose of the case. In the case of a member, he shall be suspended until the delay allowed for appeal has expired. If an appeal be taken, the suspension shall be in force until the appeal is decided. If there be no appeal, the expulsion shall take effect when the delay for appeal has expired.

216. In case of all other offences the accused, if found guilty, shall be admonished, reproved, suspended, or otherwise dealt with, as the Committee or Appellate Court may determine. In these cases the decision shall be in force from the time it is rendered until set aside on appeal.

217. Either party may appeal from a decision or ruling by the presiding officer, or from the decision of a Committee, on giving notice to the presiding officer of such intention, together with his grounds of appeal, within two weeks after the delivery or service of the decision, in the manner hereinabove provided as to notices.

218. The officer who has presided at a trial shall not preside or vote on the appeal,

219. If a prosecutor or appellant do not proceed with his case, any other qualified person may be admitted to do so.

220. In appeal, the evidence taken before the lower Court or Committee alone shall be received. If further important evidence is available, a new trial may be ordered, or the case referred back to the Committee.

221. The Appellate Court may confirm, reverse, alter or amend the decisions appealed from, or may order a new trial or a reference back to he Committee,