CHAPTER 42

 Subordinate Lodge Jurisdiction

REG. 42-1 TERRITORIAL JURISDICTION.

The territorial jurisdiction of each lodge in this state is limited to the territory lying within the state.

1. A Chartered lodge may permanently change its meeting place from one building to another in the same city, town, village or location designated in its charter without procuring the consent of any other lodge or the Grand Master. Such change may be made by amending the by-laws of the lodge as provided in Regulation 44-7 (Art.24). [13-3.8.G; 38-4.1; 38-4.2; 42-3; 43-5; 44-7 (Art.8); 45-7; 71-14].

2. When a contiguous grand jurisdiction has or shall enact a like provision as to this Grand Jurisdiction and shall give its concurrence thereto, a lodge in this Grand Jurisdiction may act upon the petition of a resident of such other grand jurisdiction for the degrees in any case where the petitioner resides nearer to the lodge in this Grand Jurisdiction than to a lodge in the jurisdiction of his residence. In all cases of such reciprocal enactments the same right is extended to such grand jurisdiction as to residents of this Grand Jurisdiction. [39-7.1; 57-1.7].

REG. 42-2 EXCLUSIVE RIGHT TO CONFER DEGREE

Every regular lodge whether working under a charter or a dispensation, while such authority remains in force, shall have the exclusive right to confer the degrees of Entered Apprentice, Fellow Craft, and Master Mason on all qualified petitioners resident in its territorial jurisdiction.

1. No lodge shall possess jurisdiction over any petitioner for the degrees in Masonry until he shall have been a resident for six months within the jurisdiction of the Grand Lodge of North Carolina.

REG. 42-3 RESIDENCE.

Residence required as qualification of a petitioner for the degrees is defined to mean the present location or place where the petitioner himself actually is: where he has his being.

1. Intent does not necessarily control unless actions demonstrate and conform to intent. [66- 3].

2. Residence is not determined solely by the location or place which the petitioner may call home or legal residence, or where his wife and family may live or where he votes or pays his taxes. It may be, but is not necessarily, the same as the foregoing or as the civil term domicile.

3. The intent and meaning of residence is that the petitioner for the degrees in Masonry in this Grand Jurisdiction shall, himself, actually be continuously within the jurisdiction of this Grand Lodge for six months.

4. If he takes occasional trips for business or pleasure outside jurisdiction of this Grand Lodge for any length of time but regularly returns to the place from which he sets out, his qualification as to residence will not be affected.

5. By way of illustration, but not as conclusive of all questions, the residence of a petitioner is as follows:

A. If he has established a permanent home or domicile which is unquestioned and if he lives there continuously for the prescribed time, the place or location of such home is his residence.

B. If he travels the greater part of the time and regularly for the prescribed time returns to one place when his schedule of traveling is completed, his residence is at the place to which he regularly returns.

C. If he has his dwelling place at one place and his business, work, or vocation at another place and for the prescribed time he regularly and continuously returns to his dwelling place after the conclusion of his business, the place of his dwelling is his residence.

D. If he holds a government or business position that makes it to his interest and convenience, or makes it necessary, that he reside with or without his family at a given place, and such residence has been continuous for the prescribed time, then that place is his residence.

E. If he enters any branch of the armed forces of the United States the place in this state which was his residence, as defined under this regulation at the time of his entry, shall continue to be such until he establishes a proper residence elsewhere. A lodge in this state may receive and act upon petitions for the degrees of members of any branch of the armed forces of the United States who have been stationed within its jurisdiction the prescribed time. This Grand Jurisdiction does not claim exclusive jurisdiction over residents of North Carolina in the armed forces who are stationed outside of this state. Any resident of this state in the armed forces may wherever stationed apply for the degrees to the lodge in North Carolina which had jurisdiction when he entered such armed forces, or he may petition a lodge for the degrees in this, or in another grand jurisdiction, which may have acquired jurisdiction. [66-3]

F. The residence of a student while attending school is that of his parents if he returns to them during vacations. His attendance at school is presumed to be for a temporary purpose only and without intent to establish a new residence. Should he declare his residence to be at the place where he attends school, the lodge having jurisdiction may receive his petition after the time prescribed in that jurisdiction has elapsed following the date of such declaration.

REG. 42-4 COURTESY WORK.

The performance of courtesy work by a lodge confers no jurisdiction on it. Jurisdiction is retained by the lodge that elected the petitioner. [71-10; 71-10.2; 43-11].

REG. 42-5 PERPETUAL JURISDICTION.

The doctrine of perpetual jurisdiction over a rejected profane, either within or without this Grand Jurisdiction, is not recognized by this Grand Lodge. When a rejected petitioner removes from the territorial jurisdiction of the lodge which rejected him, that lodge loses all jurisdiction over him except that no other lodge may receive his petition for six months following the rejection. [42-9].

REG. 42-6 APPLICATION FOR AFFILIATION.

Each lodge has jurisdiction to receive and act on the application for affiliation of any Master Mason regardless of whether his residence is within or without the state. [75-1; 75-8; 75-1].

REG. 42-7 UNFINISHED MATERIAL.

By electing a qualified petitioner to receive the degrees, a lodge acquires exclusive jurisdiction to initiate and advance him and retains it unless the election is voided by failure of the lodge to initiate the petitioner or failure of the petitioner to present himself for initiation with in one year of his election. [64-4.3; 68-12; 69-2; 71-10; 71-10.2]. By conferring the degree of Entered Apprentice upon its own candidate, a lodge acquires exclusive jurisdiction to advance him and retains it for all time. [73-4.2; 75-18; 101-3]. A lodge retains exclusive and perpetual jurisdiction over all candidates it has rejected for advancement. [73-6].

REG. 42-8 PETITIONER OF A DEFUNCT LODGE.

A petitioner for the degrees, rejected by a lodge whose charter has been surrendered or revoked, does not because of the surrender or revocation of charter become the material of another lodge. He may apply for the degrees to any lodge of this Grand Lodge six months after the rejection. [42-16; 42-6; 49-11].

REG. 42-9 LODGE UNDER DISPENSATION.

A petitioner for the degrees who has been rejected by a lodge under dispensation remains the material of such lodge after it has been granted a charter.

REG. 42-10 REJECTED PETITIONER.

A petitioner for the degrees rejected by a lodge having concurrent jurisdiction cannot petition another lodge within six months following the date of his rejection.

REG. 42-11 NATURALIZATION NOT REQUIRED.

A profane need not be a naturalized citizen of the United States to petition and be made a Mason in a North Carolina lodge. [66-5].

REG. 42-12 NO BEARING ON TRIAL PROCEEDINGS.

All Masonic charges are preferred before and all trials are conducted by the Grand Lodge. The jurisdiction of subordinate lodges has no bearing on trial proceedings.

Reg. 42-13 WAIVER OF JURISDICTION OUT OF STATE

The Grand Lodge of North Carolina may issue a waiver of Jurisdiction on a resident profane who wishes to petition an out of state lodge. (This chapter amended, effective January 1, 2002)