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The Corresponding Secretary (with the concurrence of the President, when by the latter deemed expedient) will conduct the correspondence of the Association.
The Treasurer will keep an accurate roll of the members; will notify members of their election; will collect, and under direction of the Executive Committee, expend, deposit or invest the funds of the Association; will keep regular accounts in books of the Association, which accounts shall be open to inspection by any member of the Executive Committee; and will report, in writing at each stated meeting, and to the Executive Committee, as and when required by them, the financial condition of the Association. His report, at each Annual Meeting of the Association, shall exhibit a statement of receipts and expenditures for the year, and of outstanding obligations and appropriations, and an estimate of resources and expenditures for the ensuing year. And his accounts shall at all times be subject to examination and audit by the Executive Committee and by the Association, or by a Special Committee appointed for that purpose.
V. EXECUTIVE COMMITTEE.
The Executive Committee, subject to the control of the Association, and within the limits of power prescribed by the Constitution and By-laws, may make such provisions and regulations and take such action as shall by them be deemed necessary or proper for conduct of the affairs and protection and disposition of the property of the Association.
There will be a meeting of the Committee on the 22d day of November, 1876, and an Annual Meeting thereof at the city of Albany, on the day preceding the Annual Meeting of the Association, and such other meetings as they may appoint; and representatives from five judicial districts, or seven members, will be a quorum for the transaction of business. They shall choose from their number a Chairman and Secretary, and each District Executive Committee shall choose from their number a Chairman thereof; and they shall keep a record of their proceedings and report the same at each stated meeting of the Association, with such recommendations as they may deem advisable.
Under regulations to be prescribed by this Committee, they may provide for action upon any subject or class of subjects through correspondence. Either
First. Whereby the individual votes of the several members of the General Executive Committee can be certified to the Secretary thereof; in which case ten negative votes (if returned to him within a period to be prescribed by the Committee) shall prevent the adoption of any resolution so acted upon; or,
Second. Whereby the votes of the various District Committees can be certified by the respective Chairman thereof, to the Secretary of the General Executive Committee; in which case, however, no resolution shall be regarded as adopted unless it receives the certified approval of at least five of the District Committees.
Subject to the control of the General Committee, and under regulations prescribed by them, their powers, in any matter or matters pertaining only to a district, may be exercised by the District Committee of such district, which Committee, subject to the like control and regulation, may also call meetings of the members of the Association residing and practicing within the district, to consider such matters.
VI. COMMITTEE ON ADMISSIONS.
The Committee on Admissions will meet at the city of Albany on the 12th day of December, 1876, and on the day preceding each Annual Meeting of the Association, and at such other times and places as they may appoint, and five members will be a quorum for the transaction of business. They shall choose from their number a Chairman and Secretary.
Candidates for membership must be proposed in writing by one or more members of the Association; and any members of the Committee on Admissions in the district where the nominee resides or practices may affix thereto the approval of the Committee on Admissions, and transmit the same to the Secretary of the Executive Committee for further action. Proposals of the candidates for membership will state the name of the candidate, his place of residence or business, the time and place of his admission to the bar, and such particulars as may best make known his character and professional status.
Each District Committee, in accordance with the regulations prescribed by the General Committee, may examine into the qualifications of any candidate and transmit a report thereon to the Secretary of the Executive Committee.
The proceedings of the General Committee and of each District Committee shall be secret and confidential, except as communicated between the Committees or two members thereof, or as publicity is required under the Constitution.
It shall be the duty of the Committee on Admissions to seek to bring into membership of the Association all the lawyers in the respective judicial districts of the State, of honorable standing in the profession, who have been at the bar at least three years.
A vote of the Association, when taken upon the candidate for membership, shall be by ballot, and one negative vote in every four shall exclude the candidate.
No person so excluded shall be again proposed in one year thereafter, nor be voted upon by the Executive Committee. And if any person elected does not, within three months after notice thereof, pay his dues, and sign the Constitution and By-laws, or, by letter to the Secretary, authorize him to affix his name thereto, he shall be regarded as having declined to become a member. (Amended January 21, 1903.)
If any member fails to pay his yearly dues within one month after the first day of May, when the same become payable, it will be the duty of the Treasurer to serve upon him personally, or by mail, a copy of this By-law, and notice that unless the same are paid within one month thereafter, the default will be reported to the Executive Committee, which may, by order, without further notice, cause the name of such member to be stricken from the rolls, and his membership and all rights in respect thereof will thereupon cease. But upon his written application, satisfactorily explaining the default, and upon payment of all dues to the date thereof, the Executive Committee shall have power to remit the penalty of this By-law.
IX. COMMITTEE ON GRIEVANCES.
The Committee on Grievances shall choose from their number a Chairman and a Secretary, and shall meet on the day preceding each Annual Meeting of the Association, and at such other times as they may appoint. And twelve members will be a quorum for transaction of business.
Whenever a complaint is presented to the Committee, the Chairman will refer the same to a sub-committee of not less than three members of the Committee residing in the district where the person complained of resides, or an adjoining district, and the Secretary will transmit to them the complaint and notice of such reference.
If the sub-committee, to whom a complaint is so referred, shall be of opinion that the matters alleged are of sufficient importance, they will cause to be served upon the person complained of, a copy of the complaint, together with not less than ten days' notice of the time and place of investigation, which notice shall also state the names of such sub-committee, and they will cause a similar notice to be served on the complainant. The answer or defence to such complaint must be in writing. At the time and place so appcinted (or to which the hearing may be adjourned), the sub-committee will proceed to consider the case upon the complaint, and if an answer is so interposed, upon such answer and the evidence. Upon the hearing, each party may appear personally and by counsel, who must be members of the Association. Witnesses
shall vouch for the truth of their statements on the word of honor. And if witnesses summoned by or under authority of the subcommittee are members of the Association, refusal or neglect to obey the summons may be reported to the Association for its action.
The sub-committee, after hearing the case, will transmit the pleadings and evidence and their conclusions thereupon to the Secretary, whose duty it shall be to submit the same to the Committee at the next meeting thereof. The Committee will thereupon proceed to consider the same, and may hear the parties and their counsel, and make their decisions, or may refer the matter for further investigation to the same or another sub-committee. And if, upon consideration, they find the complaint, or any material part of it, to be true, they will so report to the Association, with their recommendation in the premises, and in their discretion, upon request of either party, they may also report the evidence or any portion thereof.
The Association will take such action on the report as they shall see fit. But no member shall be expelled unless by vote of at least two-thirds of the members present and voting.
X.-GENERAL POWERS AND DUTIES OF COMMITTEES. Except as otherwise expressly provided by the Constitution or By-laws, five members will form a quorum of each standing committee, and each committee will have power to fill vacancies in their number; to adopt regulations for their own government and procedure; to declare a vacancy after three successive absences of a member; to impose and collect fines for non-attendance of their members, and provide for the disposal of such fines; and to order and arrange for the convenient transaction of business and discharge of their duties by correspondence or through sub-committees, or otherwise.
The Chairman of each Committee will have power to call a meeting thereof on due notice; and the Secretary of a Committee or a Secretary of the Association shall, by like notice, call a meeting on the requisition in writing of at least five members of the Committee, or of the President of the Association.
Under direction of each Committee, the Secretary thereof will keep their records and minutes, and prepare and transmit the reports required by the Constitution.
Every Standing Committee shall meet and organize on the same day as elected, and shall also meet annually in the city of Albany, on the day preceding the next Annual Meeting of the Association. In case any Standing Committee shall fail to organize as above provided, then the President of the Association shall, in the first instance, designate a member of each such Standing Committee to
be the Chairman thereof, and another member to be the Secretary thereof, until otherwise provided by such Committee.
When a Standing Committee is organized, it shall be the Chairman's duty to submit to its members such propositions for the suffrages of the Committee as any member may desire, or he may deem germane to the objects for which the Committee were appointed.
XI.- AMENDMENT OF BY-LAWS.
These By-laws may be amended at any meeting of the Association or of the Executive Committee, by a vote of two-thirds of those present, provided that twenty days' previous notice in writing of the proposed amendment shall have been given to the Executive Committee and also to the Chairman of the Committee (if any) especially affected thereby.