ties, the Preacher in Charge shall inquire into the circumstances of the case, and shall recommend to the parties a reference, consisting of two arbiters chosen by one party, and two chosen by the other party, which four arbiters so chosen shall nominate a fifth; the five arbiters being Members of our Church. The Preacher in Charge shall preside, and the Disciplinary forms of trial shall be observed.

¶ 246. If either party refuse to abide the judgment of the arbiters he shall be brought to trial, and if he fail to show sufficient cause for such refusal he shall be expelled.

T247. If any Member of our Church shall refuse, in case of debt or other dispute, to refer the matter to arbitration when recommended so to do by the Preacher in Charge, or shall enter into a lawsuit with another Member before these measures are taken, he shall be brought to trial, and if he fail to show that the case is of such a nature as to require and justify a process at law, he shall be expelled.

VI. INSOLVENCY ON THE PART OF ANY OF OUR

MEMBERS.

¶ 248. The Preachers in Charge are required to execute all our Rules fully and strenuously against all frauds, and particularly against dishonest insolvencies, suffering none to remain in

our Church on any account who are found guilty of any fraud.

249. To prevent scandal, when any of our Members fail in business, or contract debts which they are not able to pay, let two or three judicious Members of the Church inspect the accounts, contracts, and circumstances of the case 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.

¶ 250. In all the foregoing cases of trial let all witnesses be duly notified by the Pastor. Witnesses from without shall not be rejected; and the testimony of an absent witness may be taken before the Preacher in Charge, or a Preacher appointed by the Presiding Elder of the District within which such witness resides, provided in every case sufficient notice has been given to the adverse party of the time and place of taking such testimony. In case a member of the Church, after being duly rotified, refuse to testify without showing just cause, it shall be regarded as a violation of the Order and Discipline of the Church, and he shall be dealt with accordingly. 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.

¶ 251. If in any of the above-mentioned cases the Preacher in Charge differ in judgment from the majority of the Committee concerning the guilt or innocence of the accused, he may refer the case to the ensuing Quarterly Conference, which shall have authority to order a new trial.

1 252. 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.

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

T254. After such forms of trial and expulsion such persons shall have no privileges of Society or of the Sacraments in our Church, without confession, contrition, and satisfactory reformation.

¶ 255. 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.

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PART III.-CHAPTER II.

APPEALS.

Appeals of Traveling Ministers or Preachers.

T256. In all cases of trial and conviction under the provisions of ¶¶ 222–229, an Appeal shall be allowed to a Judicial Conference, constituted as hereinafter provided, if the condemned person signify his intention to appeal at the time of his conviction, or at any time thereafter when he is informed thereof.

T257. The several Annual Conferences in the United States shall, at each session, select seven Elders, men of experience and of sound judgment in the affairs of the Church, who shall be known as Triers of Appeals.

258. When notice of Appeal is given to the President 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

from any Conference conveniently near which may be presented to it, due notice having been given to all concerned.

¶ 259. 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.

¶ 260. A Bishop shall preside in the Judicial Conference, and shall decide all Questions of Law, 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 submitted 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. And when the case of any Preacher 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.

1261. It shall be the duty of the Secretary of the Annual Conference carefully to preserve the Minutes of the trial, whether before a Committee or before the Conference, and all the Documents