591 before any church court whatever unless he shall first have made efforts to reconcile, or become reconciled to the member offending, as directed in the scriptures.
The steps required are:
The member offended shall seek opportunity to state his matter of grievance to the offending, as said by the Savior, "between him and thee alone." If explanation, apology, restitution, or reconciliation is not effected after candid and fair effort has been made by the one offended, then he shall take with him some teacher of the church, or, if such teacher is not obtainable, or is an interested party, a deacon if obtainable, otherwise a member, and shall try a second time to secure an adjustment of the difficulty existing, but shall not state the matter of grievance to such officer or member except in the presence of the party offending.
If no reconciliation shall be effected by this second visit and effort, the offended, if he shall so choose, may lay the matter before the presiding officer of the branch, or, if such presiding officer be not an elder or other officer in the Melchisedec line of authority, before the presiding elder of the district, or mission if it be not in an organized branch or district, who shall appoint from the eldership of the church such persons as may properly sit, to examine and try the case; or such court may be appointed by the branch.
4. When it shall be determined to call an offending member before a court of the church, the officer appointing the court, shall cause to be prepared the charge, or charges made against the accused in writing, stating definitely and specifically what the offense is charged to be, a copy of which shall be furnished the accused, if practicable, so that he may if he so desire, make settlement of the difficulty by reconciliation or otherwise, and avoid further action; this copy may be given to the accused by any teacher, or deacon, or member in the absence of said officers, or if left at his usual place of residence with a member of his family over eight years of age, it shall be held as given to him. Upon the failure of the accused to make restitution or explanation, the court shall be appointed, and shall proceed to examine and try the cause upon the charge, the original of which, or a copy thereof, shall be furnished them by the officer appointing them; they shall, also, give due notice to all parties of time and place when and where the trial shall be had as provided in Book of Rules. Where in cases persons can not meet together by reason of great distance between them of travel or other obstacle over which they have no control, and which is sufficient to prevent meeting in person, the work toward reconciliation and labor referred to herein may be done by written correspondence between the parties.
5. In case satisfaction shall not be given upon the examination and decision of any cause before an elders' court, an appeal from such decision may be had by the party aggrieved to the conference of the district, if the court was appointed by a branch officer, or to the Bishop's court:
(page 591) |