Disciplinary
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Section 195. Failure of a candidate to present himself for the Orders within twelve months after receiving his first written notice to appear for the conferring of the Illustrious Order of the Red Cross voids his election, and the disposition of any fees paid or any deposit made shall be determined according to the Laws of the Grand Commandery if the election was by a Constituent Commandery, and according to the Laws of the Grand Encampment if the election was by a Subordinate Commandery. ( 1952, p 544) One Constituted a Companion of the Order of the Red Cross who fails to appear to receive the remaining Orders within one year after having received the Order of the Red Cross shall not be entitled to receive such remaining Orders unless by a favorable, secret and unanimous ballot of the Commandery. A candidate elected to receive the orders and who does receive the Order of the Red Cross must be elected to receive the remaining orders if more than a year has passed but the Commandery where he was elected and received the Red Cross retains jurisdiction to do so although the companion has relocated his residence to another jurisdiction. Waiver from the other jurisdiction is not necessary. (1919, p 54 & 297, No. 20, Smith) If a petitioner has not received the orders within twelve months after being elected to membership in a Commandery, that Commandery losses jurisdiction over the petitioner and he may petition another Commandery without reference to the prior petition. (1925, p. 54 & 389, No. 4, Newby) A Grand Commandery law providing that a petitioner who has not received the orders within six months of election shall forfeit his fee unless he shall present good cause for the failure, is void. Whatever the condition may be regarding civil law and the fair treatment of a Brother Freemason, nevertheless the Grand Encampment law controls. (1925, p. 28 & 409, No. 29, Newby) HEALING Section 196. The Grand Master or the Grand Commander inwhose Jurisdiction an irregularly created Knight Templar resides has the power to heal him, and may authorize a Commandery or a Commander to do so. Except by authority of an extended dispensation as described in 1913, No. 3, a Commandery that has been granted a Charter but not yet constituted may not confer the orders. Any orders so conferred are irregular but may be healed. (1916, p 35 & 280, No. 7, Mac Arthur) 1) A Commandery U.D. if granted a Charter, can confer no orders until it is constituted. 2) All Members of a Commandery U.D. at the time the Charter is granted become members of the new Commandery. 3) Officers are not named in a Charter. They are elected after the Commandery is constituted. 4) Anybody receiving the order during the period during which the Commandery may confer no orders must be healed. 5) A Commandery U.D. cannot adopt By-laws but it may prescribe rules for its government while under dispensation. 6) After being constituted, a Commandery may adopt By-Laws, revise or amend the same, subject to the approval of the Grand Encampment or Grand Commandery. (1925, p. 53 &388 No. 3, Newby) When a member has been knighted although he does not possess a uniform (where required) the improperly knighted member should be healed upon compliance with the requirement. (1925, P. 63 & 396, No. 11, Newby) When a member has been knighted although he does not possess a uniform (where required) the improperly knighted member should not be healed unless he complies with the requirement. A Commandery intentionally knighting people improperly may have its charter arrested. (1925, P. 69 & 400, No. 17, Newby) Candidates for the orders who have been elected at other than stated conclaves and have thereafter been dubbed as knights have been illegally elected. They can be healed under sections 87 & 196 by being regularly elected at a stated conclave and under order from the Grand Commander for their healing. After they are legally elected the orders can be communicated or re-communicated and they can be redubbed. (1940, p 70 & 280, No. 36, Norris) Section 197. One Knighted in a clandestine manner or in a spurious Commandery cannot be healed. CONFERRING ORDERS UPON APPLICANT NECESSARY QUALIFICATION FOR MEMBERSHP Section 199. Until the Three Orders of Knighthood have been conferred upon an applicant, he is not possessed of the necessary qualifications for membership and therefore not subject to the payment of dues, but is subject to discipline by the Commandery for Unknightly conduct. Sponsors of a petition for membership by affiliation or the for receiving the orders must be members of the Commandery to which the petition is presented. Honorary members are not eligible. An individual does not become a member until all three orders are conferred.(1940, p 63 & 341, No. 6, Norris) Video tape, DVD or any other form of video presentation of the Orders of Templary as depicted in the rituals of the Grand Encampment are not to be used in the conferral of said orders. They were produced for instructional purposes only. The conferral of any Order must be done by Sir Knights, in a Commandery Asylum. (2006, p. 69 & 151, No. 3, Fischer) Section 200. Those to whom a Charter is issued and those who receive the Orders in a Commandery are ipso facto Members thereof except where the Orders have been conferred for and by request of another Commandery. CHAPTER XII FORFEITURE OF MEMBERSHIP AND REINSTATEMENT NON-AFFILIATION IN LODGE OR CHAPTER Section 201. Voluntary non-affiliation in a Lodge or Chapter or Council where required, for six months shall deprive a Knight Templar of his membership in the Commandery. (1988 pages 208–209) The Statutes of the Grand Encampment control the methods and procedures for the termination of a Sir Knight's membership. A Grand Commandery law to require annual certifications of good standing and ipso facto assumption of non-affiliation would be improper. (1913, pp 55-60 &227, No. 19 Melish) A voluntarily unaffiliated Knight who has remained such for six months has no right to attend sessions of the Commandery or take part in any of its activities. A Grand Commandery may not change this period to one year. (1937, p 40 &343, No. 2 part 3 Norris) The withdrawal of recognition by one Grand Lodge of another Grand Lodge does not affect the standing of Master Masons insofar as their prerequisite for the Orders of Knighthood is concerned. (1949, p 81 & 216, No. 9, Rice) When a member holding dual membership loses the same in one Commandery, he losses it in both, and the Grand Recorder of one Jurisdiction where the sentence was imposed should notify the Grand Recorder of the other Jurisdiction of the results of the trial. Provided he may demit from one Commandery without affecting his membership in the other Commandery. (1967, p. 154, No. 14 part 4, Brucker) If the Council prerequisite did not apply to the Knight Templar when he petitioned for the Orders, it can never be applied to him individually, and no resolution can be adopted under the authority of Section 79 of the Constitution of the Grand Encampment, which would apply such prerequisite to a Knight templar retroactively. Since Council membership cannot be required of this Knight Templar, neither can it be required that he continue to be an active member of a Council of Royal and Select Masters if he becomes a member after becoming a Knight Templar. If Council membership was prerequisite to Knight Templar membership in the individual case, good standing in the Council as well as in the Lodge and Chapter must support Templar membership. (1970, p. 142 & 543, No. 9, Crofts) Section 202. When a Knight Templar has been suspended or expelled from his Lodge or Chapter or Council where required, for any reason, he shall be suspended or expelled, as the case may be, from his Commandery. (1988 Pages 208-209) Notwithstanding the previous paragraph of this section, if a Knight Templar believes he has been involuntarily suspended or expelled from Chapter, or Council where required, either illegally or because of personal, arbitrary, capricious or other improper motive by the Chapter or Council he may appeal to the Grand Master and suspension from Templary shall be held in abeyance for a period of not more than 30 days to allow investigation. If within that period the Grand Master and any two other elected officers of the Grand Encampment agree, the requirement of continuous Chapter, or Council if otherwise required, membership may be waived for that member. (2012) The requirement of Chapter, or Council if required, for a petition for affiliation or to receive the orders is not affected by this exception. (2012) Until lawful information has been brought to the attention of a Commandery that a member has been suspended in Lodge or Chapter, he is entitled to be considered in good standing. Therefore, a Commandery cannot require its members to exhibit to the Recorder receipts for dues in Lodge and Chapter. (1919, p 60 &303 No. 30, Smith) Action of the Grand Lodge declaring the sentence of indefinite suspension in the Lodge null and void was conclusive and authoritative. Where a Sir Knight has been suspended from Templary due to that suspension from lodge he is restored to his Commandery membership as if no interruption has occurred. (1955. p. 108 & 277, No. 29, Gordon) When a member holding dual membership loses the same in one Commandery, he losses it in both, and the Grand Recorder of one Jurisdiction where the sentence was imposed should notify the Grand Recorder of the other Jurisdiction of the results of the trial. Provided he may demit from one Commandery without affecting his membership in the other Commandery. (1967, p. 154, No. 14 part 4, Brucker) If the Council prerequisite did not apply to the Knight Templar when he petitioned for the Orders, it can never be applied to him individually, and no resolution can be adopted under the authority of Section 79 of the Constitution of the Grand Encampment, which would apply such prerequisite to a Knight templar retroactively. Since Council membership cannot be required of this Knight Templar, neither can it be required that he continue to be an active member of a Council of Royal and Select Masters if he becomes a member after becoming a Knight Templar. If Council membership was prerequisite to Knight Templar membership in the individual case, good standing in the Council as well as in the Lodge and Chapter must support Templar membership. (1970, p. 142 & 543, No. 9, Crofts) Section 203. When a Knight Templar has been suspended or expelled from his Commandery solely because of his suspension or expulsion from his Lodge or Chapter or Council where required, restoration in such Lodge or Chapter or Council shall entitle him to restoration in his Commandery on written application therefore and a majority vote at a Stated Conclave. When he has been suspended from his Commandery solely because of non-payment of dues to the Commandery, he may be restored to membership on written application therefore and a majority vote at a Stated Conclave and payment of such part of his dues in arrears as the Commandery may require. Assessments have the same standing as dues and a member is required to pay the same. (1916, p 118, No. 13, Smith) When the charter of a Commandery has been surrendered or arrested, a former member who has been suspended for non-payment of dues may apply for reinstatement or condition of good standing to the Grand Commandery having jurisdiction. (1919, p 59 & 303, No. 29, Smith) Where the word “ballot” is used in Templar law it means a secret ballot; when the language of the statute is by “vote”, a show of hands is the proper procedure. (1937, p. 39 &339 No. 23 Agnew) A Commandery has the undoubted right to appoint a committee to inquire into the character and conduct of a petitioner for reinstatement who has been suspended for non-payment of dues. (1937, p 40 & 343, No. 2, part 2, Norris) A suspended member of Tampico Commandery No. 1 (a Subordinate Commandery) may not petition for the Orders of Knighthood in a Constituent Commandery of a Grand Commandery, but must obtain reinstatement in Tampico Commandery No. 1, under regular statutory procedure. (1952, p 87 & 243, No. 25, Gaylord) A former member of a Commandery, suspended prior to the surrender of the Charter by the Commandery, is not entitled to a Demit, but can be reinstated to Good Standing by action of the Grand Commandery, governed by rules which would be applicable if his Commandery were still in existence; in such case, a majority vote of the Grand Commandery would be required. (1952, p 93 & 249, No. 30, Gaylord) If the Council prerequisite did not apply to the Knight Templar when he petitioned for the Orders, it can never be applied to him individually, and no resolution can be adopted under the authority of Section 79 of the Constitution of the Grand Encampment, which would apply such prerequisite to a Knight templar retroactively. Since Council membership cannot be required of this Knight Templar, neither can it be required that he continue to be an active member of a Council of Royal and Select Masters if he becomes a member after becoming a Knight Templar. If Council membership was prerequisite to Knight Templar membership in the individual case, good standing in the Council as well as in the Lodge and Chapter must support Templar membership. (1970, p. 142 & 543, No. 9, Crofts) When a member has been suspended or expelled due to action by his lodge, chapter or council and the member was a member of more than one Commandery he must apply first to his "original" or " home" Commandery before applying to any others. He would then need to reapply to each of the others. (2009, p. 71& 77, No. 2, Koon) Case - 1. If a Sir Knight has been suspended from multiple Commanderies solely by reason of involuntary termination of membership in a required prerequisite body and has been restored to membership in the required prerequisite body and his “original” or “home” Commandery, his status as a Knight Templar is resumed. His status in all Commanderies other than his home Commandery is equivalent to that of a withdrawn or former member of that Commandery inasmuch as failure to apply for restoration in each additional Commandery was voluntary. Should he apply for restoration in such additional Commandery and be rejected the rejection is be equivalent to a rejection for affiliation not affecting his primary membership. Koon Decision 2 is modified. Further: if the Sir Knight had held Life Membership status is any such Commandery he shall be restored to that status without the a vote of the membership. Case -2. If a Sir Knight has been suspended in any Commandery solely by reason of non- payment of dues, he stands suspended in each and every Commandery in which he held membership. In each Commandery, the suspension is effective when notice is received that suspension has occurred elsewhere. It should be noted that the Commandery that imposed the penalty of suspension for non-payment of dues may restore the member upon “payment of such part of his dues in arrears as the Commandery may require.” A Commandery in such a situation is strongly encouraged to waive collection for the good of the order and out of Knightly courtesy to the member. A demit might then be issued by that Commandery to terminate the membership in that Commandery on terms of good standing. Membership in the Commandery having issued the suspension now being terminated by demit, the member is now eligible for restoration or affiliation in any other Commandery. Should he apply for restoration in such additional Commandery and be rejected the rejection is equivalent to a rejection for affiliation. Case – 3. The law relative to restorations involving multiple Commanderies is governed by Grand Encampment law and Grand Commandery jurisdiction does not apply to the question. Case - 4. If a Sir Knight with multiple memberships terminates his membership in a home Commandery, then the Commandery with the next most senior date of membership becomes his home Commandery. (2018, No. 1, Vaught) SUSPENSION OR EXPULSION FOR UNKNIGHTLY CONDUCT Section 204. Acquittal, suspension or expulsion by a Lodge or Chapter or Council where required, on a charge of un-Masonic conduct does not deprive a Commandery of the right to try a member thereof for the same or other offenses committed either before or after his trial in the Lodge or Chapter or Council. When a member holding dual membership loses the same in one Commandery, he losses it in both, and the Grand Recorder of one Jurisdiction where the sentence was imposed should notify the Grand Recorder of the other Jurisdiction of the results of the trial. Provided he may demit from one Commandery without affecting his membership in the other Commandery. (1967, p. 154, No. 14 part 4, Brucker) If the Council prerequisite did not apply to the Knight Templar when he petitioned for the Orders, it can never be applied to him individually, and no resolution can be adopted under the authority of Section 79 of the Constitution of the Grand Encampment, which would apply such prerequisite to a Knight templar retroactively. Since Council membership cannot be required of this Knight Templar, neither can it be required that he continue to be an active member of a Council of Royal and Select Masters if he becomes a member after becoming a Knight Templar. If Council membership was prerequisite to Knight Templar membership in the individual case, good standing in the Council as well as in the Lodge and Chapter must support Templar membership. (1970, p. 142 & 543, No. 9, Crofts) Section 205. Suspension or expulsion of a Knight Templar by the Grand Encampment, by a Grand Commandery, or by a Commandery deprives him of membership in the Commandery and all rights and privileges of Knighthood so long as the judgment remains in force. The suspension of a Sir Knight deprives him of all rights and privileges of knighthood as long as the judgment remains in force. Hence, such a Knight would not be entitled to a Templar funeral. The right to a Templar Funeral exists only in the case of a Sir Knight in good standing. It is discretionary with the Commandery to grant the funeral honors for an unaffiliated Sir Knight or for a sojourner. (1940, p 67 &287, No. 22, Norris) Case - 1. If a Sir Knight has been suspended from multiple Commanderies solely by reason of involuntary termination of membership in a required prerequisite body and has been restored to membership in the required prerequisite body and his “original” or “home” Commandery, his status as a Knight Templar is resumed. His status in all Commanderies other than his home Commandery is equivalent to that of a withdrawn or former member of that Commandery inasmuch as failure to apply for restoration in each additional Commandery was voluntary. Should he apply for restoration in such additional Commandery and be rejected the rejection is be equivalent to a rejection for affiliation not affecting his primary membership. Koon Decision 2 is modified. Further: if the Sir Knight had held Life Membership status is any such Commandery he shall be restored to that status without the a vote of the membership. Case -2. If a Sir Knight has been suspended in any Commandery solely by reason of non- payment of dues, he stands suspended in each and every Commandery in which he held membership. In each Commandery, the suspension is effective when notice is received that suspension has occurred elsewhere. It should be noted that the Commandery that imposed the penalty of suspension for non-payment of dues may restore the member upon “payment of such part of his dues in arrears as the Commandery may require.” A Commandery in such a situation is strongly encouraged to waive collection for the good of the order and out of Knightly courtesy to the member. A demit might then be issued by that Commandery to terminate the membership in that Commandery on terms of good standing. Membership in the Commandery having issued the suspension now being terminated by demit, the member is now eligible for restoration or affiliation in any other Commandery. Should he apply for restoration in such additional Commandery and be rejected the rejection is equivalent to a rejection for affiliation. Case – 3. The law relative to restorations involving multiple Commanderies is governed by Grand Encampment law and Grand Commandery jurisdiction does not apply to the question. Case - 5. If a Sir Knight has been suspended or expelled for unknightly conduct, he stands suspended or expelled in each and every Commandery. In each Commandery the suspension or expulsion shall be effective when notice is received that suspension or expulsion has occurred elsewhere. If the member regains good standing status in the Commandery imposing the discipline, either by readmission or issuance of a demit then the status in all other Commanderies is that of a former member in good standing and he is now eligible for restoration or affiliation in any other Commandery. Should he then apply for restoration or affiliation in a Commandery and be rejected the rejection is equivalent to a rejection for affiliation not affecting his primary membership. (2018, No. 1, Vaught) RESTORATION TO MEMBERSHIP OR GOOD STANDING Download 8.57 Kb. Do'stlaringiz bilan baham: |
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