BM 295 S73a 1872 THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES A S C A M O T ; OR, LAWS AND REGULATIONS THE CONGREGATION tamialt and ntejnust pir"*^ *^* it L LONDON. REVISED AND AMENDED. 56321872. LONDON: PRINTED BY WERTHEIMER, LEA & CO., CIRCVS PLACE, FINSBURY. INDEX. ASCAMOT OF THE YEHIDIM. PAGE 1 . Union of the congregation 1 2. Institution of the Finta, penalties incurred by non- payment of the Finta and Offerings, and mode of election of Fintadores . .3 ASCAMOT OF THE ELDERS. 1. Election of the Parnassim and Gabay of the Kaal, penalties incurred by refusal to accept, and duties attached to the offices ...... 6 2. Regulations respecting the Finta, and election of Fintadores . . . . . . . .12 3. Admission of Yehidim, their qualifications, and causes for which they may be excluded . . . .15 4. Regulations respecting the Fintas for Beth-Haim, the purchase of reserved graves, and the guards of the burial ground . . . . . . .18 5. Meetings and duties of the Mahamad . . 21 2070942 iv INDEX. PAGE 6. Meetings of the Elders ; Election of their president, their authority, their duties, and the mode to be adopted for calling meetings of Tehidim . . .27 7. Presidency in Synagogue. ; authority of the President, and Penalties of disobedience . . . .34 8. Elections and Regulations respecting the Noivos de Ley 38 9. Elections of Haham and Bethdin, and their duties . 40 10. Elections and duties of the Hazanim . . .43 11. Elections and duties of the officers of the Kaal, viz., Secretary, Hazan de Hebra, Samas, Physician, and Surgeon of the Sedaca, Keeper of the Beth-Haim, and Keeper of the Bath . . . . .47 12. Offerings and Collections in the Synagogue . .51 13. Distribution of the Seats in Synagogue . .53 14. Elections of the Parnassim of Heshaim, Hebra, Terra Santa and Cautivos, and fines for not serving . . 55 15. Regulations for the government of the United In- stitutions of Heshaim and Mahane Rephael ... 59 16. Authority of the Parnassim of Hebra, their duties, objects of that Society, and regulations for preserv- ing order in Beth-Haim . . . .64 17. Elections of Treasurer and Parnassim of Beth-Holim, their duties, fines for not serving, and objects of the Society . . , . . .66 18. Regulations of the offerings for Terra Santa and Cautivos ....'.... 70 19. Equality of Sepultures, honours to deceased persons, and dimensions of the graves and tombstones . .71 20. Prohibition against making proselytes, against clan- destine marriages, and marrying with persons of another faith . . . . . .75 21. Register of Births, Marriages, and Burials . . 77 2'2. Regulations respecting the Board of Deputies ... 79 INDEX. . v PAGE 23. Regulations respecting the properties of the Synagogues 84 24. Distribution of the monthly Allowances and Charities of the Sedaca ....... 86 25. Administration to the effects of poor persons dying without heirs . . . . . . . 89 26. Disobedience to the Penalties of the Ascamot . . 90 27. Regulation of the Dower left by Abraham Rodriques Marques ........ 91 28. Regulations of the School of Isaac da Costa Villa Real 93 29. Regulations of the legacy of Moses Lamego . 95 30. Regulations of the Society of Mahassim Tobim . . 96 31. Regulations of the Institution of Shaare Tickva . 97 32. Institution of the Yeshiba of Assifat Habeiim . . 98 33. Gift of Moses Lara for benevolent purposes . . 100 34. Trust of the late Judah Guedalla .102 The following Laws were chiefly promulgated in Portuguese, and in the year 5597 (1819), were translated by order of the Meeting of the Elders, by three Gentlemen from their body. The object sought by these Gentlemen in their labours was fidelity of version. Hence, a foreign idiom is discernible in many parts of the Work, obviously demonstrating, a translated, not an original, work. A S C A M T OF THE YEHIDIM. I. Winwn of % C01T0 npiiorc. Duly considering how important and beneficial has been the Union of our Congregation, since our settlement in this country, in the year 5416 1656, and impressed with the conviction that the preservation of this Union is essential, not only to our present, but to our future welfare, it is resolved that there be not allowed in London and its suburbs (that is, within six miles distance from our present Synagogues) any other than our holy Synagogues of Shaar Ashamaim, unless two-thirds of the votes of the Yehidim, in meeting assembled, shall decide that another is necessary, when it may be established under such conditions as may then be determined upon. In order, therefore, the more firmly to establish and secure this object, it is hereby enacted, That any member of this Congregation attempting to form, or aiding in the formation of any other Syna- B gogue, within the limits above mentioned, without such a decision having been arrived at, shall be deemed a violator of this Ascama, and become sub- ject to the following penalties : To pecuniary fines, according to the gravity of the offence ; to exclusion from the list of Yehidim, and forfeiture of all rights as a member of the Congregation; and to refusal of burial in the Carreira of our Beth-Haim while in contumacy. And it shall be incumbent on the body of Elders, on learning any case of violation of this Ascama, to enforce these penalties, or such of them as may meet the case under consideration. It is further declared that any Yahid or Congre- gator, desirous of holding an assembly for prayers with Minyan in any private residence, on the morn- ings when the law is read, shall previously apply for the permission of the gentlemen of the Mahamad, and in case of his holding any such assembly, without obtaining their consent, he shall become liable to a fine, not exceeding Ten Pounds for each offence. Should any Yahid or Congregator, through illness, be incapable of attending the Synagogue on the days of Rosh Ashana and Kipur, and desire to have prayers read at his house, this may be allowed by the Mahamad, provided that all offerings made on such occasions be paid over to the Gabay of the Sedaca. II. tjnstiiniwn of % Jfmia. The Finta (or assessment) was first instituted at a meeting of the heads of families in the year 5467, when the maximum was fixed at 600 per annum; it was subsequently (in the year 5498) increased by the Yehidim to 900 per annum, and lastly, it was again increased, in the year 5569, to the amount of 1,400 per annum, always subject to the deter- mination of the elders, as to the sum which should be raised within these limits. In accordance, there- fore, with the above stipulation, and the regulations which from time to time have been established, it is hereby enacted, 1st. That the Elders of the Congregation shall every two years fix the amount to be raised as Finta for the ensuing two years, and the same shall be assessed by the Mahamad (being complete), together with ten Fintadores, to be elected by the Yehidim at large, at a meeting duly summoned for that pur- pose ; these shall meet in three classes, each to make out a list of assessment, and the aggregate of such lists being divided by three, the result shall be the amount of each individual's assessment, it being declared and understood, that the highest Finta shall in no case exceed 40, nor shall the lowest be under 20s. per annum. Any deficiency in the number of the Mohamad shall be supplied by the Yehidim, at the aforesaid meeting of election. 2nd. Fathers and sons, brothers, uncles, and nephews, and brothers or uncles by marriage, shall not serve together as Fintadores. 3rd. Every Fintador shall consider himself pledged not to suffer favour, affection, or anti- pathy, to influence him, but shall act to the best of his deliberate judgment, for the benefit of the Synagogue; and he who does not accept being a Fintador, or does not join his asso- ciates in the class meetings, shall pay a fine of Five Pounds to the Sedaca, and shall be subject to a similar fine of Five Pounds for non-attendance at the meeting for making the division of the lists. 4th. Any Yahid quitting the country may with- draw himself on paying one year's Finta or assess- ment, besides what he may be indebted. And every newly admitted Yahid shall be assessed by the gentlemen of the Mahamad, until the periodical assessment is made. 5th. The said Finta shall become due for the first six months on the day of Purim, and for the second six months, on the first of Elul, together with the offerings that may be due; and in case of any person or persons evading the payment of the said Finta and offerings, or any part thereof, and at the end of the year not having paid the Syna- gogue, every such person shall be considered as committing the offence of withholding the money of the poor, and should he continue in arrear twelve months longer, he shall be liable to the forfeiture of his seat (of which notice shall be given him) unless the Mohamad receive a satisfactory reason for the non-payment of his debt to the Sedaca. ASC AMOT OP THE ELDERS. I. of It being highly essential for the good govern- ment of this Kaal, that its Mohamad should consist of God-fearing men of capacity and respectability, the election of the four Parnassim and a Gabay, of which the said Mahamad is to be composed, shall be vested in the body of the male Yehidim of the congregation, and be conducted with all possible consideration and solemnity, it is therefore enacted : 1st. That two Parnassim shall be elected in the month of Adar, whose period of office shall com- mence Shabat Agadol, and two other Parnassim and a Gabay in the month of Elul, whose period of office shall commence at Eosh Ashana, for which purpose meetings of the Yehidim shall be con- vened at the appointed periods to proceed to these Elections. That in January in each year the dates of the two Elections shall be fixed by the Mohamad, and entered in a book to be kept in the Vestry Room. That twenty-one days prior to each of the Elections, the Mohamad shall cause to be entered in the same book the names of the Gentlemen nominated by them for Par- nassim and Gabay. That at any time, not later than fourteen days before the Meetings, it shall be open to any Yahid to nominate, in writing, any other duly qualified Yahid, which nomina- tions shall be entered by the Secretary in the same book. That no further nominations shall be received at the Meetings for Election. That no nominations shall be made without the written consent of the nominees. That all the nominations shall be inserted in the summonses convening the Meetings for Election, and that at least seven days' notice shall be given of those Meetings. That the book containing the infor- mation referred to shall be open to inspection on any day on which the Vestry Room shall be open for business. 2nd. No person shall be elected Parnas or 8 Gabay without having been a Yahid for at least two years, and being above the age of thirty years for Parnas, and twenty-five years for Gabay, except he has already been elected to the office of Gabay ; nor shall he be eligible unless his contributions to the Sedaca for Finia and offerings, in the two years preceding the period of election, shall have amounted to not less than six pounds per annum ; nor shall any Yahid be allowed to vote at such elections if indebted to the Sedaca for more than two half- yearly accounts, at the time that the said elec- tion may take place. 3rd. Should the number of nominations exceed the vacancies that have to be filled, a ballot shall be taken at the said Meetings, and shall remain open for one hour, and the names of those having the largest number of votes shall be declared elected ; and in case of equal votes, the eldest of those having such equal votes shall be the elected. At these elections no salaried officer of the congregation shall be allowed to vote, or be nominated as a candidate. 4th. The following shall not serve together in Mahamad : fathers with sons, sons-in-law or 9 step-sons, grandfathers with grandsons, brothers or brothers-in-law, uncles with nephews, whether by blood or affinity ; but in the relationship by affinity, it is intended only in case the wife through whom such relationship subsists be living. 5th. In the event of a vacancy, either in the office of Parnas or Gabay, by reason of resig- nation or any other cause, a meeting of Yehi- dim to fill up such vacancy may be convened by the Mohamad, the election to be held in the same manner and on the same condi- tions as hereinbefore provided for the half-yearly elections. 6th. The above-named elections shall be pro- claimed in Synagogue on Shabat Agadol, and on the Sabbath preceding Rosh, Ashana, or within four days after any other election, first naming the elder of the two Parnassim elected ; and at any time when it shall appear to the Mahamad for the time being, that any election of Parnas or Gabay made within the antecedent month is wholly improper, the said Mahamad shall have the power to propose, in a meeting of Elders, to annul the said Election ; but no individual 10 Elder shall have the privilege of making such proposition, nor shall it be deemed to pass in the affirmative unless two- thirds of the Elders present vote in favour of it, as well at the con- firmation, as in the first instance. 7th. Every person accepting the office of Parnas or Gabay, shall be obliged to attend to all its duties for the term of a year, or for the term for which he may be elected, and to offer, equally with his colleagues, in all the offerings in which the Mahamad are accustomed to offer jointly, not exceeding five shillings each time. 8th. Each one of the Parnassim shall preside three months, namely, from Shabat Agadol until Rosh Hodesh Tamuz, from that day to Rosh Ashana, from that day to Rosh Hodesh Tebet, and from that day to Shabat Agadol, beginning with the eldest of those elected, in the ante- cedent six months. 9th. Every person who has served or been fined for the office of Parnas or Gabay , shall, from the time of his election, be summoned to ail the meetings of Elders of the Congregation, during the time of his continuing a Yahid. 11 10th. In the event of there being no person serving in the Mohamad^ all the duties of Parnas shall devolve on the eldest of those who last went out of office; and in his absence, the next in rotation, until there be a meeting of Elders, which he shall call within fourteen days from the day on which the duties of the office devolve on him. 12 II. Ugulali0ns respiting % Jfinia, an0 (frhdion 0f To provide for the expenses of our Synagogues, as well as for the assistance of our poor, the Finta annually paid in the Congregation was established; and in the year 5569 a meeting of the Yehidim fixed the maximum amount thereof at 1,400 per annum. The mode of raising the said Finta shall be as follows : 1st. Every two years, at the Annual Meeting of the Elders, the said gentlemen shall take into con- sideration the amount to be raised as Finta, within the limit of the said 1,400, and in the month of Tebet ensuing, notices shall be issued to the Yehi- dim to meet in the Chamber of the Mahamad, on the day and hour which the said Mahamad shall appoint, to elect ten persons, who, jointly with the five gentlemen of the Mahamad, shall be the Finta- dores (assessors of the Finta) , the ballot for which shall be open for one hour from the time fixed for the meeting. 2nd. The said ten persons shall be elected by a majority of votes, observing that each of them must be a Yahid, and that there do not exist between them and the gentlemen of the Mahamad any of 13 the degrees of relationship, which, according to the Ascama of Yehidim, No. 2, prevent their serving together. And he who shall refuse to accept the office of Fintador, shall pay a fine of Five Pounds to the Sedaca. 3rd. To make out the list of the Finta, the afore- said fifteen Fintadores, shall meet in three classes, namely, the five gentlemen of the Mahamad forming one, arid if there be not five persons in the Mahamad, the Yehidim shall also elect, besides the ten Finta- dores, the number of persons wanting to complete the Mahamad^ and the other ten shall be divided into two classes, each class making a separate list of assessment : and after these three lists are made out, the whole fifteen Fintadores shall meet, and, summing up the amount at which each person is assessed in the three different lists, they shall divide the product by three, and the result shall -be the annual Finta for the two years following, observing that all this must be done before the 15th Sebat. 4th. Should any one of the Fintadores who are elected fall ill, absent himself, or die, before having met the other Fintadores of his class, and should this happen after the 10th Sebat, so that there be not time to call a meeting of the Yehidim for a fresh election, the Mahamad shall elect another in his stead, under the same restrictions as regards relationship. 5th. When, at a meeting of the Elders, any new 14 Yahid is admitted, the Mohamad, in complete Mahamad, shall immediately after the confirmation assess the new Yahid, which assessment shall serve until the period of making the new general Finta. 6th. If any person represent to the Mahamad that, in consequence of an alteration in his circum- stances, he cannot pay the whole Finta imposed on him, the Mahamad, in complete Mahamad, may lessen it for the future, as shall appear just to them, until a new Finta be made. 15 III. glhmsskm: xjf As one of the principal points on which depends the prosperity of this Congregation, is the selection of its Yehidim, great care and consideration should be had as to the persons to be admitted into their number, for which end, 1st. Only the Meeting of Elders shall have authority to admit persons as Yehidim. All Spanish and Portuguese Jews, or the descendants of such, or who shall have congregated with our community for at least twelve months, shall be eligible ; also those who, coming from abroad, have always followed our ritual, and those who shall have married, or be about to marry, the daughter of a Yahid. And the Gentlemen of the Mohamad shall lay before the Elders at their annual or other meetings, the names of persons who desire to be admitted, or whom they may deem proper to recommend for election; but in the case of persons marrying the daughters of Yehidim, that fact shall not of itself give the right of nomination to the Gentlemen of the Mohamad ; but the appli- cation for election must emanate from the individual desirous of being elected. 2nd. All persons above the age of twenty -one years may be proposed for Yehidim, except those 16 who may be indebted to the Sedaca for more than one year's offerings. 3rd. The person proposed for admission as Yahid must have two-thirds of the votes in favour, as well in the first proposition as in the confirmation. 4th. Every Yahid from the time of admission shall become subject to, and bound to observe all the Ascamot in force at that time, and all others that shall afterwards be made by the Yehidim or Elders, and the said Ascamot, shall be printed and furnished to all the Yehidim, charging two shillings and sixpence for each copy. 5th. Should any Yahid be admitted on the list of Sedaca, he shall immediately cease to be a Yahid ; also, when any Yahid shall be indebted for three years' Finta, and offerings, his name shall not be put in the new list, and he shall forfeit all the rights and privileges of a Yahid of this Con- gregation, provided that he shall have received at least three months' notice of his position. ()th. Any Yahid, being an Elder, having been withdrawn from the list, either from having quitted the kingdom, or from being in arrear, may, on being re-admitted as Yahid, be also received as an Elder, but only by a vote of the body of Elders ; but any Yahid withdrawing himself for any other reason, not approved of by the Elders, shall not be re-admitted without giving satisfaction, and paying such fine as the Elders in their discretion may 17 impose on him ; and should he die without having given such satisfaction, he shall not be buried in the Carreira of our Beth-Haim, unless his executors or representatives shall formally engage to pay what the Gentlemen of the Mohamad, in complete Mohamad, shall impose, besides his debt to the Sedaca. 7th. Should any Yahid be proved to have de- parted from the tenets of our holy religion, by publicly professing another, he shall be immediately excluded from the list of Yehidim, provided that the Elders shall be convinced of the existence of the fact. 8th. Should any Yahid dismiss himself, alleging his intention to quit the kingdom, or the limits of this Congregation, and under this consideration his resignation be accepted, and at the expiration of two years he be found established within the said limits, he may be again proposed for Yahid. 9th. Should any Yahid be convicted of fraud, or any other criminal offence, he shall immediately be excluded from the list of the Yehidim of the Con- gregation. IV. Jfinia for The expenses we are at for the cost and mainte- nance of our burial grounds being very consider- able, independently of the payments to the officers and guards for the safety of the bodies, it has been found necessary to impose at different times the following rates to reimburse the said expenses : 1st. When any person is admitted a Yahid of this Congregation, he shall pay the first year, for once only, a sum of Five Pounds ; also the half of his annual Finta, towards the expense of the Beth-Haim. This amount shall serve as payment for the graves of his wife and descendants. Any per- son coming from abroad shall pay the same rate ( not being a son or daughter of a family that has already paid it) at the time of marriage or death, and it shall be at the option of the Gentlemen of the Mahamad, not to require the said rate of those, who, they conceive, may not have" the ability of paying it, but they shall accept from no one less than five pounds; and if any one refuse to pay it, not giving a satisfactory excuse to the Mahamad, 110 seat shall be given to him in the Synagogue, nor when he dies shall he be buried in the Carreira of Betk-Haim and, in the event of the decease of 19 any casual resident amongst us, not having paid the above rate, the Mahamad, in complete Moha- mad t shall have authority, previously to the burial of such person, to demand of his or her represen- tative any sum they may think just, not exceed- ing twenty pounds. 2nd; If any Yahid or Congregator choose to bay ground for one or more graves to be reserved in the Carreira of our burial-ground, for himself or for others, he shall pay for each place five pounds, whether it be in the great Carreira, or in the small ; but, if within thirty days he shall desire to cede his right to any of the said reserved graves, there shall be returned to him the half of what he paid for them, and the said graves shall be considered the first in the Carreira; and any Yahid or Congregator, who may wish to have a foundation to any grave, previously to depositing the body therein, or who may purchase reserved graves with the intention of having a foundation made, shall pay fifty shillings extra to the Beth-Haim. 3rd. It is understood, that neither the payment of the rate of Beth-Haitn^ nor of the half-rate above- mentioned, nor the purchase of any reserved grave, shall entitle any person to be buried therein, or in the Carreira) if, according to the Ascamot, he shall have incurred the penalty of not being buried in the said Carreira, or if he has ceased to be a Yahid or Congregator. 20 4th. There shall be kept in the books of the Sedaca an account of the expenses and receipts of the Beth-Haim, in which the said Beth-Haim shall be always valued at fifty pounds, and this account shall be debited, with expenses of repairs, taxes, salaries to the Keepers, and other contingent expenses; and credited for the said rate, and the half-rate, and the purchase of reserved graves, the balance at the end of each year being carried to profit and loss, there always remaining in the account the fifty pounds valuation above-mentioned. 5th. The Maharnad shall appoint guards for the safety of the bodies in the Beth- Haim, to be one man every night except Friday night, when a Christian shall be engaged to attend in addition ; the hour of watch shall be from sunset till five in the morning in summer, and till seven in the winter ; and in aid of this expense, the Hebra, in the account which it delivers of the expenses of each burial, shall insert an article in blank, saying " For Sedaca, in aid of the expense of the Guards," to which each person may contribute as he thinks fit, and the amount of the said contribution, and that which the Society of the Hebra may likewise annually contribute towards the said expense, shall be credited in the account of Beth-Haim. 21 fjterimp anfo $ntm d % U The institution of the Mahamad in this Con- gregation is very ancient, and its continuance has tended greatly to our prosperity, and it being necessary that the said Mahamad, (which is com- posed of the four Parnassim and a Gabay, elected annually, according to Ascama of Elders No. 1,) should meet frequently, as well to regulate the management of our Synagogue, as to relieve the necessities of our poor. 1st. It is the duty of the presiding Pamas, by a written summons signed by the Secretary, to convene the other Gentlemen of the Mahamad to meet at all times, when according to the Ascamot they ought to meet, and at other times, when deemed necessary, it being never less than once in each month, and when it shall be necessary to call a meeting of the Mahamad, and the presiding Parnas, either through absence or other sufficient cause cannot do it, or shall neglect calling it, having been reminded so to do, the Vice-President, or any two Gentlemen of the Maliamad, shall have authority to convene it. 2nd. The notice for meetings of the Mahamad 22 shall be delivered to each member of the Ma- hamad, or be sent to his address, at least one day before the day appointed for the meeting, and every person not attending shall pay a fine of twenty shillings for the Sedaca, unless he be in Abel, or confined at home by illness. 3rd. The meetings of the Mahamad shall be held in its Chamber, where the said Mahamad shall decide all matters under its jurisdiction, by a majority of votes, there not being less than three persons present ; and in case of equal numbers, the Parnas who presides shall have the casting vote ; and at all times when the Mahamad shall be deficient in number, they shall call in to com- plete the required number, whether for the ordinary Mahamad or for complete Mahamad, any of the Elders, provided that none of them come within any of the degrees of relationship, which prevent their serving together. 4th. In the meetings of the Mahamad there shall be received and read the petitions of our poor, as well natives as foreigners, and the said Mahamad, either jointly with the Board of Guardians (as specified in section 11) or separately, shall answer them as they may think just, distributing the money of the ,Sedaca with impartiality and economy, within the limits annually fixed by the Elders, always conforming to the regulations of the Ascamot, as well with respect to the age, as to 23 the condition of the parties ; but at no time shall they give to any person or family more than ten pounds for once, and this only in an urgent case, nor shall they grant a monthly allowance which with the quarterly money shall amount to more than thirty shillings a month, and this only to very deserving persons or families. 5th. The Mahamad shall distribute the charities w,hich either by will or by gift have been or shall in future be left to its administration, and which have been accepted by the Elders, always conforming, with the most faithful exactness, to the will and orders of the Testators or Donors. 6th. The Gabay of the Sedaca shall receive and pay all sums under its administration ; and, when- ever the said Gabay shall report to the Mahamad that he is in advance more than one hundred pounds, they shall adopt such measures as may be necessary to reimburse him. 7th. The Mahamad shall also hear the complaints or disputes that may arise between any of the Yehidim or Congregators, whether for offences or for debts, and shall endeavour to reconcile the contend- ing parties, persuading them to that which is just and reasonable, or advising them to leave their cases to the decision of arbitrators, making every exertion to prevent the parties from carrying their complaints into the public Courts of justice. And no member 24 of our Congregation shall commence a suit in any Court of justice, without first citing the party before the Gentlemen of the Mohamad, except in any case where delay would be prejudicial to his claim. Any person contravening this law shall be subject to a penalty, not exceeding five pounds, to be levied in complete Mohamad ; and a party not obeying a summons to appear in such case before the Mohamad, shall be liable to the penalty. 8th. The Resolutions made in complete Mohamad, and which it may be found necessary to enter in its books, shall not be altered or annulled, without first convening the persons who composed the Mohamad in which they were made, or such of them as may be living within the districts of this Congregation, giving them notice wherefore they are called; and if they do not attend, any alteration or repeal maybe made therein, provided it be done in complete Mohamad. 9th. The Mohamad shall have under its manage- ment and control the Synagogues, the Beth- E aim, and all buildings appertaining to the Congregation, and the distribution of the rooms therein, to poor and deserving persons; it shall also be their duty to regulate the conduct of the officers of the Sedaca, and see that they fulfil their duty ; they shall also have to their charge the insurance from fire of the Holy Synagogues, and all the buildings belonging thereto, which shall be made at one of the public 25 offices ; the Mahamad, in complete Mohamad, shall have the distribution of the seats in the Synagogues, conforming to the Ascama on that subject. , 10th. The Mohamad shall summon a meeting of the Elders annually, in the month of Kislev also within eight days after they shall have been required so- to do, in writing, by eight Elders, not being of the Mahamad ; and further, at all other times when it may be deemed necessary by a majority in complete Mahamad; at all times, when any resolution shall be passed in any meeting of the Elders, the said Mahamad shall call a meeting within thirty days, for the confir- mation thereof. llth. A Board of Guardians having been long established to aid the Mahamad in the distribution of relief to the poor, whether pecuniary or other- wise; the said Board shall consist of the Gentlemen of the Mahamad for the time being, and eight Yehidim. And the Board shall be renewed annu- ally in the month of Adar, by an election of four Yehidim, to replace a like number quitting office, the election being vested in the body of Yehidim. But any vacancy occurring after the annual elec- tion shall be filled up by the Mahamad, in com- plete Mahamad. The Board so constituted shall have power to make rules and regulations for the administration of relief, or for improving the con- dition of the poor in any way they may deem 26 expedient. A quorum of a meeting of the Board shall consist of three members, of whom one at least shall be a Gentleman of the Mahamad. 12th. Finally, the Mahamad shall put in execu- tion all the Ascamot, and orders of the meetings of the Elders, and they shall be vigilant in every other thing that may conduce to the welfare of our Congregation. 27 VI. The Elders, having exercised the government of the Congregation almost from its establishment, for their regulation, the following is resolved : 1st. All the Yehidim, from the time of their being elected to serve the office of Parnas, Gabay, or Deputy, shall be entitled " Elders of the Con- .gregation," and each one shall be called to all their meetings (as long as he shall be a Yahid, or if a Deputy, during the time he holds that appoint- ment) by a summons signed by the Gabay, or in his absence, by one of the Gentlemen of the Mohamad, which shall be delivered to him, or sent to his address, at least three days previously. 2nd. The better to preserve the order and decorum essential to all deliberative assemblies, every third year there shall be an election of an Elder to preside over all their meetings, such elec- tion taking place at the last meeting of the Annual Session, and being for the term of three years; the said President shall always be referred to on dis- puted points respecting the order of the proceed- ings, and his decision on such points shall be without appeal. He shall be invited to attend all the meetings of the Mohamad, where the speech of 28 the Mohamad is to be taken into consideration ; he shall open all meetings of the Elders during the term of his presidency, and declare the votes on every question, only voting himself in case of the numbers being equal, as is declared in Section No. 9. Whenever, at any meeting, the said President is unavoidably absent, the first business entered into shall be the election of an Elder, to preside in his stead for that meeting only; in case of vacancy, occasioned by resignation or death, the first busi- ness at the earliest meeting shall be to proceed to the election of President for the remainder of the term ; neither of the above cited elections shall require Confirmation. It is also declared and expressed that the Elder who may be appointed to preside over the meetings of the said Elders, shall be exempt from all offices in the Congregation during the term of his presidency, should he so desire it. The election of President shall be by ballot ; and the Elder having the largest number of votes, shall be declared elected. 3rd. Every Elder who shall fail to attend at any meeting, shall be fined ten shillings for the Sedaca, except he be seventy years of age or upwards, or be in Abel, or thirty miles distant from the Syna- gogue; also he who feels himself entitled to claim excuse, either in consequence of his infirm state of health, or any other cogent cause, may be exempted, provided such be signified by letter or made through 29 the medium of an Elder present at the meeting, and the same fine shall be paid by any one leaving any meeting before business is concluded. But when any Elder shall have been fined for non-attendance at six meetings, no further fine shall be levied on him during that year. 4th. No Elder can vote in any meeting, if he be indebted to the Sedaca for two yearly accounts (unless, previously to each Annual Meeting, he gives a satisfactory .excuse to the Mahamad in com- plete Mohamad') ; a list of the Elders so circum- stanced shall be placed before the President at each meeting, in order that he may enforce this regula- tion. 5th. The meetings of the Elders shall be held in the Chamber of the Mahamad, at the hour appointed in the summonses, and the President shall open each meeting, calling over the names of all the Elders, and charging the fine to such as are not present, and not exempted, according to Section 3, immediately after which the business shall commence by de- claring the objects of the meeting, and any Elder entering subsequently shall not be relieved from his fine, except on his own application, declaring the reason of his delay ; and his excuse being admitted by a majority. 6th. At every meeting of the Elders, the busi- ness which the Gentlemen of the Mohamad may have to submit shall take precedence of all others, 30 and their propositions shall not require seconding, but in every other case no proposition can be put to the vote, or debated upon, until seconded. 7th. After entering into debate upon any propo- sition, should any person move, and it be seconded that such question be not put to the vote, the said second proposition shall have the priority. Also, if any amendment be proposed to any question, and any one require that it be put to the vote, whether such a question shall be amended or not, this said proposition shall be put first, but the question of adjournment shall at all times have priority over every other. 8th. No person shall speak in a debate on any proposition more than twice, and this Section, as well as Section 4, shall be read at the first meeting of every Annual Session, previously to entering on any business whatever. 9th. All propositions after being debated shall be put to the vote, to be resolved in the affirmative or negative, and every Elder present, except the Pre- sident, shall be obliged to vote, unless it be in a case that affects him personally, or that he be under the circumstances mentioned in Section 4 of this Ascama. The President shall only vote when the numbers prove equal, in which case his vote shall decide the question ; and, any proposition coming out in the affirmative shall not be enforced till it be proposed and confirmed in another meeting. If 31 in the Confirmation of any resolution, any amend- ment be made to it, it shall not, on that account, require a fresh Confirmation. 10th. The summonses sent to the Elders shall always state for what purpose the Meeting is called, whether it be for the Annual Meeting, or to declare the vacancy of any post, or for the election of any officer, or to alter any Ascama, or on any urgent occasion, or at the requisition of eight Elders, and no meeting of the Elders shall be com- petent to act when less than ten in number; and, if at the opening of any meeting, there should not be the said number present, the absentees shall be fined, or excused at the next meeting. llth. In the Annual Meeting the Elders shall examine the accounts of the Sedaca, of the preceding year, and shall determine the sum to be expended in the current year ; therein shall be proposed for Yehidim such persons as may request it, or as may appear to the Mohamad eligible for admission. The petitions for assistance shall be considered, and finally, all further regulations shall be made that may be conducive to the good of the Congregation. 12th. Whenever eight Elders shall by writing require the Mahamad to convene a meeting of the Body, the said Mahamad shall summon it to meet within fourteen days, and the first matter taken into consideration shall be that which the said requisition ists may have to propose. 32 9 13th. General meetings of the Yehidim of thp Congregation shall be convened, either by a resolu- tion of the Elders, by the Gentlemen of the Mahamad in complete Mahamad, or by a requisition of fifteen Yehidim, addressed to the Gentlemen of the Maha- mad (who shall convene such meeting within fifteen days); such requisition shall express the object of the intended meeting, and no signature of a Yahid shall be valid to a requisition, if he be indebted to the Sedaca for more than one year's Finta and offerings. J4th. No vote on petition for pecuniary relief, and no grant or donation, or increase of salary or annuity, or original grant of any salary or annuity, shall be deemed carried in the affirmative, unless two-thirds of the members present are in favor, both in the first meeting and the confirmation, ex- cept grants to our public institutions, or where the subject has been introduced and recommended by the Mahamad, and forms a part of their speech. 15th. Any Elder who shall become a bankrupt, or shall be convicted .of any criminal offence, shall immediately become disqualified and cease to be an Elder ; but the Elder so disqualified shall (except in the case of a conviction for fraud or crime) be eligible for re-election as an Elder, at the expiration of twelve calendar months from the time of his having ceased to be such. 16th. Should any Elder desire to resign his 33 Office, and should it be the opinion of the Board of Elders that a valid and sufficient reason is assigned, and that the interests of the Synagogue would not thereby be prejudiced, such Elder's resig- nation may be accepted at a meeting by a majority of two-thirds of those present, and the same majority -shall be required at confirmation. 34 VII. in In order to ensure that decorum and devotion which should always prevail in our holy Synagogues, the following regulations are established : 1st. There shall always be in the Synagogue during the time of prayers some person to preside therein, which presidency shall devolve in the following order : The President of the Mohamad and the other Parnassim in rotation. The Treasurer and Parnas of Heshaim. The Parnassim of Hebra, the priority being with him who is in the six months of his duty. The Treasurer of Beth Holim. The Parnassim of Beth Holim, the priority being with him who is in the six months of his duty. The Parnas of Terra Santa and Cautivos. The Elders of the Congregation, according to seniority in age. The Haham of the Kaal. The Gentlemen of the Bethdin, according to seniority in office. And the Yehidim of the Congregation, accord- ing to seniority in age. 35 2nd. The presiding Parnas shall give leave in Synagogue at the accustomed time to begin prayers ; he shall also distribute the Misvot among the Ye- hidim or Congregators as he may think best, but no Misva shall be given to one who, according to the Ascamot, is ineligible thereto, nor to any one under thirteen years of age, except those of Aftorah, Ashem-melech, and Kadish ; if these three Misvot, and that of saying the Zemirot, shall have been given by the Pumas Presidente, no one else shall have them, except in the absence of the person ,to whom they had been given. The Misva of Heshaim and Desfaxar may be performed by any one above ten years of age; also Levantar Sefer shall be given in turn to those accustomed to have it, and no person shall be admitted a Levantador, except with the approbation of the Levantadores and with permission of the Mahamad. 3rd. When any person shall have presided at the commencement of prayers, and, subsequently, another should enter who is before him in the pre- sidency, such latter person shall give the Misvot, unless the previous President had already gone to the Echal or Tkeba for the purpose. 4th. It shall not be permitted to any person to refuse & Misva given to him by the presiding Parnas, and he who so acts shall be subject to a penalty of five pounds, unless he give a satisfactory excuse either to the said President, or to the Mahamad. 36 5th. Any person misconducting himself in the Synagogue or its precincts, either by offending the presiding Parnas, or by gross insult to any other person, or in any way acting inconsistently with the decorum proper to a place of worship, shall be subject to such penalty as the Mohamad may deem proper, but not in any case exceeding five pounds ; and this fine, as well as that mentioned in the last section, shall only be imposed in complete Mohamad; and the said Mohamad shall, on representation, have power to commute or remit such penalties, as they may see just. 6th. At any time when Sura is to be made in Synagogue, either for the celebration of nuptials or Berit, or other particular cause, the presiding Parnas may call to Sefer, and give Misvot to persons belonging to any of the recognised Congre- gations in this city ; and the same may be done at any other time, on application made to, or by a member of such congregations. On occasions of Sura, it shall not be permitted to call to Sefer more than two persons in addition to those usually called up on that day, except on Simha Tora and Shabat BeresTieet. 7th. In the prayers of Rash Ashana and Kipur, and on Purim, at the reading of the Meguilah, where it is customary for the Hazan to be accompanied on the Theba, no one shall accompany him except the Haham of the Kaal, and any one of the Gentlemen 37 of the Bethdin, or of the Hazanim of the Kaal, or of the Hebra, or the Students of the Bet-amedrash, or any other person whom the presiding Parnas shall appoint. 8th. In all cases where a Eogativa may be desired for a person of our Congregation suffering under illness, permission must be obtained of the presiding Parnas for such purpose. 38 VIII. (frhdionz anb Regulations respecting % 11 $oib0s 0* f ej." It being a custom in all congregations of Israel to have two persons appointed to celebrate the festival of Simha Torah; for the keeping up of the said good custom in this our Kaal, and for the cele- bration of so great a Misva with all due solemnity 1 st. The Mohamad, in complete Mahamad, shall elect annually, two days before the Sabbath preced- ing Rosh Ashana, two persons to serve as Hatan Torah and Hatan Beresheet, who may be any of the Yehidim who have not already served or paid the fine for non-acceptance, and on the said Sabbath the election shall be proclaimed in Synagogue the elder of the two elected being nominated Hatan Torah, and the younger Hatan Beresheet ; and the Mahamad shall, at the same time, elect two other persons to serve the said offices in the Branch Synagogue, the election to be from Yehidim residing in that locality, and to be subject to the same rules and regulations as before specified. 2nd. Each of the said Noivos, on the day of his festival, shall distribute the Misvot, giving a list of them in writing to the presiding Parnas; and each on his day may call to Sefer as many as nine per- sons, besides the two said Noivos and the Maphtir ; 39 and the presiding Parnas, and the next in rotation, shall accompany the said Noivos to Synagogue, seating themselves by them, according to custom. 3rd. In case any one of the Noivos elected shall refuse to serve the said Misva, or shall not declare to the Mahamad his intention of accepting it within seven days after his election being proclaimed in Synagogue, he shall pay a fine of five pounds. 4th. Should no one offer himself by the eve of Kipur, of whom the Mahamad approve, to serve the said Misva, instead of the person so refusing, the said Misvot shall be fulfilled by the President of the congregation, and the next Parnas in rotation, or by any other of the Gentlemen of the Mahamad who may so agree to serve it. 5th. In case any person after his election to this Misva should lose by death any relation, for whom he or his wife should take Abel, he shall be exempt from serving, without paying any fine ; and should no one offer in his stead, his place shall be supplied as declared in section 4. 40 IX. (fchdians of % Pajram atifo g,effrbm. The office of Haham, as one of the most impor- tant in this Kaalj ought to be provided for with particular attention, in order that its obligations may be discharged with the utmost fidelity and zeal, to which end 1st. Whenever the above office shall be vacant, the Mohamad shall call a meeting of Elders within three months, to decide whether there shall be a fresh election; and, in case of their so resolving, they shall determine the conditions regarding the said office, which shall require confirmation at another meeting, and the said election shall be made by the Elders. 2nd. The meeting for election shall be sum- moned at least eight days previously, declaring its purpose; and should there be more than one can- didate, each shall be ballotted for in turn, and the name of him who shall have most votes, shall be again put up to decide on his election, which shall only be deemed carried in the affirmative, by two-thirds of the votes being in favour, and the same majority shall be required in confirmation ; should the election not be carried, no further election shall be entered into, except by a fresh 41 resolution of the Elders, which shall not be called until the expiration of six months. Whoever may be finally elected shall be named in the Synagogues. 3rd. The Eaham is the head of the Bethdin and Medrash, and shall declare the Din, when required by any of the Yehidim or Congregators, and decide any disputes among them, which require to be determined according to Din. He shall preach in the Synagogues when the Mahamad may require it, and attend therein, and at the Medrash as much as possible. He shall marry all persons of our Con- gregation by permission, in writing, from two ot the Mahamad, and not without such permission ; he shall provide all the Quetubot, and copy them in the register kept in the Mahamad Chamber. 4th. He shall not intercede in favour of any candidate for an office in the Kaal, or applicant for assistance from the Sedaca, lest the respect due to him should induce a deviation from impar- tial justice. 5th. Should the Haham at any time commit any dereliction of his duty, a meeting of Elders shall be convened to consider the case; but should the same occur with any other of the Bethdin, the Mahamad in complete Mahamad may suspend him for a limited time, or until the first Meeting of Elders. 6th. The Elders shall provide two efficient persons to compose the Bethdin, jointly with the Haham, 42 or three persons, in case of the office of Haham being vacant, any one of whom may declare the Din. And should a case occur, which, according to Din, requires to be decided by more than three, the said Beihdin shall call those they think proper for that purpose, and no other persons shall be permitted to give Dinim within the Districts of this Congregation, under a penalty of five pounds, to be levied in complete Mahamad. 7th. In all cases of vacancy of Haham, the per- formance of the marriage ceremony shall devolve on the Hazanim of the Kaal, and the Quetubot shall be prepared by the Gentlemen of the Bethdin, who shall divide between them any emoluments they may receive. 8th. Should any person offend the Haham, or any of the Gentlemen of the Bethdin, in any matter connected with their office, such person may be condemned in complete Mahamad, in a sum not exceeding five pounds. 43 X. &hdian anb tyntm 0f % JP As the elections of the Bazanim of this Kaal are to be made by the votes of the Yehidim, to avoid any irregularities that might occur at such elections, the following regulations are resolved on : 1st. When a vacancy occurs of a Bazan, the Mahamad shall call a meeting of the Elders as early as possible, to consider whether it be necessary to elect another; and if it be re- solved to have an election, the said Mahamad shall give public notice, that whoever wishes to offer himself for the said office may apply by letter, within a reasonable time which shall be limited for that purpose ; and every one who offers himself shall be admitted with the sanction of the Mahamad to put himself on probation, unless the Haham, or, in his absence, the Gentlemen of the Bethdin, shall declare by writing that, according to Din Torah, he is not eligible to the office. 2nd. The said probation shall consist in each candidate saying prayers in Synagogue as Hazan one whole week, beginning with the prayers of the going-out of Sabbath, in order that all the Yehidim may have time to hear and judge of his capacity and voice; and during such probation he shall not 44 depart from the established order of our prayers by increasing or altering any portion of them, except with regard to singing; and the Mohamad shall determine by . lot the order of probation, always having authority to alter their rotation in case of urgency. 3rd. When all the candidates have gone through their probation, the Mohamad shall appoint a day for election by the YehicKm, which election shall be made in the Chamber of the Mahamad, within one month after the conclusion of the probations, and in presence of the Gentlemen of the Mohamad^ and the Haham, or, in his absence, one of the Gentlemen of the Bethdin; and the manner of voting shall be by putting the name of the can- didate voted for, in a folded paper, and delivering it to the presiding Parnas, who shall deposit it un- opened into a box. 4th. All the Yehidim shall be admitted to vote, both men and women, who have paid their Finta and offerings, and what they may further owe the Sedaca, up to the Rosh Ashana before the election, and no person shall vote by proxy ; and at the ex- piration of the time limited, the Mohamad, with the JJaham, or one of the Gentlemen of the Bethdin, shall reckon the votes, and the candidate who has the majority shall be declared elected, and in case of equal numbers, it shall be decided by lot. 5. All persons buying or selling any vote or 45 votes at any election shall be excluded from voting on that occasion. 6th. It shall be the duty of the Hazanim of the Kaal to attend Synagogue daily, at all times of prayer, at the commencement of the service, and to read the prayers, each one in his week, and alternately on the days of Festivals. Whenever one of them shall be unable to attend his duty, the other or others shall officiate in his stead, and they shall attend, each in his week, at all weddings and circumcisions, and divide equally between them any emoluments they may receive, they always appear- ing dressed in black, according to the custom which has hitherto prevailed. 7th. No Hazan shall commence prayers without leave of the presiding Parnas, nor give any Misva without his order, nor call out the offering of any person who shall be under the censure of the Ascamot, nor give a title to any person which shall not have been determined on by a complete Moha- mad, in company of the Haham, or one of the Gentlemen of the Bethdin. He shall not say a Rogativa at any time, nor an Ascaba for the first time for a person dying out of the country, without leave of the presiding Parnas ; and, finally, he shall yield obedience to all orders of the Elders and Mohamad. 8th. If a Hazan neglect any part of his duty, the Mohamad, in complete Mohamad, may 4G suspend him from his post for a period of one month ; but, in that event, they shall convene a meeting of the Elders to consider the case, who may suspend him for a period not exceeding six months from his post and its emoluments; no greater punishment shall be inflicted, but by a meeting of the Yehidiin. Also, in case of necessity, the Mahamad may appoint such person as they may think proper to assist the Hazanim, or to officiate in their stead, until the meeting of Elders shall otherwise provide. 9th. If any Hazan of the Kaal should neglect to mention the name of any deceased person that ought to be in the list of the Ascabot said every Roshhodesh and Kipur, he shall be liable to a fine of twenty shillings for the Sedaca ; and if in the book or list of the said Ascabot there be missing any of the names that ought to be therein, each Hazan of the Kaal shall be liable to a fine of forty shillings to the Sedaca. 10th. In case of an application to elect a Hazan for any other Kaal, the Mahamad, in complete Ma- hamad, may give leave to each of the candidates to say prayers for a week on probation, and the person who shall be elected may be permitted to say prayers at such times as the Mahamad may, in their discretion, think proper. 47 XL mEr $htties of % (Dfftes of t^ The following officers of this Kaal shall be ap- pointed by the Elders, as vacancies may occur from time to time : The Secretary; the Hazan of Hebra; the iSamas of the Synagogue ; the Physi- cian and Surgeon of the Sedaca ; the keeper of Betk-Haim, and the Keepers of the Baths. 1st. When there shall be a vacancy in any of the above named offices, the Mohamad shall declare it to the Elders, in a meeting which they shall call for that purpose, at latest within three months, in which meeting it shall be resolved whether a new election is to be made or not, and also the terms on which the vacant office is to be offered. As soon as these resolutions shall be confirmed, the said Gentlemen shall pro- ceed to an election, following the same method as for the office of Baham, except that a majority of votes, as well in the election as in the confirmation, shall suffice to make it valid; and the summonses for the above named meetings shall be delivered eight days before hand. 2nd. In the event of any of the above named officers being incapacitated from attending to his duties, either from illness or any other cause, the 48 Mahamad may appoint another person to serve in his stead, and the same during the vacancy or suspension of any of them. 3rd. It shall be the duty of the Secretary to attend all the meetings of the Elders, of the Mahamad, and of the Committees which may be appointed ; to make out the summonses to them, and copy all the orders and resolutions made therein, to attend Synagogue as far as possible at all times of prayer, and also at circumcisions and weddings; to take an account of the offerings made for Sedaca, to keep the books of accounts, and make therein all the necessary entries of the expenses and income of the said Sedaca, and of the charities which are under its administration, to draw out twice a year the ac- counts of each person indebted to the Sedaca, and make application for them within one month after their delivery, to receive the money due to the said Sedaca, and to pay all the expenses or charities that the Elders or the Mahamad shall order, giving an account of all the said receipts and payments to the Gabay of the Kaal, and to attend in the Mahamad Chamber two days in each week, and on the days of Roshhodesh, to pay the salaries to the officers, the monthly and quarterly allowances, and other grants to the poor. 4. The Hazan of the Hebra shall accompany to the grave every deceased person who shall be buried 49 in the Carreira, or in a reserved grave, in any of our Beth-Haim, and shall officiate on all such occa- sions in the usual form, but he shall not accompany any one, who, according to the Ascamot, shall be buried out of the Carreira. He shall say prayers at the house of mourners who may require it, morning and evening during the seven days of Abel ; he shall go attired in black, like the Hazanim of the Kaal, and attend at Synagogue at the com- pletion of any Abel> and at other times as often as possible. 5th. It shall be the duty of the Samas of the Synagogue to attend constantly therein, opening it for, and shutting it after, public prayers, having at his charge the cleanliness of the Synagogue and its courtyard, to be in attendance at the meetings of the Elders, Mahamad, and Committees, that may be appointed, to attend at the circumcisions and weddings that may take place in the Congregation, to deliver the summonses on the day of their date, to attend the Secretary in the payment of the salaries and distribution of the monthly and quarterly allowances, and alms of the Sedaca among the poor. 6th. The physician and surgeon of the Sedaca shall, each one in his profession, visit the sick poor, and the officers of the Kaal, prescribe for them, and perform the surgical operations that may be necessary, either in the hospital, or at E 50 the houses of the said officers and poor, being bound in respect to the above to obey the orders of the Mahamad, and of the Pamassim of Beth- Holim. 7th. The duties of the keeper of the burial-ground shall be to attend all the funerals, to keep an accu- rate register of all the burials, to be especially careful that the tombs do not exceed the measure- ment prescribed by the Ascama of Elders, No. 19. That the graves be made in rows in the usual manner, and that those likewise do not exceed the limits mentioned in the said Ascama. 8th. The keeper of the bath shall be obliged to have it ready for all the females of our Congrega- tion, and from those of our poor no payment shall be demanded for its use. 9th. No officer of the Kaal shall intercede or make interest with the Elders or Yehidim, in favor of any candidate for election to any office in the Kaal. 10th. All the officers of the Kaal before men- tioned shall be subject to the resolutions of the Elders, and bound to obey the orders of the Maha- mad, and on their refusing to comply therewith, or neglecting their duties, the Mahamad in complete Mahamad shall have power to suspend them for a time, not exceeding three months, or to represent their neglect to the Elders. XII. artfr Collections in % As the great and necessary expense of our Syna- gogues, as well as the charitable assistance given to the poor of our Congregation, are supplied from the Sedaca fund, it is just that the offerings of the said Sedaca should precede all others; therefore 1st. Every person called to Sefer shall make an offering of at least one shilling for Sedaca, or oil, which is likewise for the fund of Sedaca ; and in all cases the first offering shall be for Sedaca, except at Sefer, where the person may offer for oil first, but the second offering in such case must be for Sedaca, after which he may offer for Heshaim, Hebra, Beth- Holim, Shaare Tickva, Terra Santa, and Cautivos, and for repairs of the Synagogues. The same order shall be observed at the house of Noivos or Baal-a- Berit. On occasion of Bent, an offering may be made for the Baal-a- Berit, and for the Samas of the Society of Baal-a-Berit ; complimentary offerings are only permitted by a party called to Sefer, or saying Aftorah, or at a wedding or Berit. 2nd. The following collections shall be made in Synagogue, and no others, except on some urgent occasion by order of the Elders. On the Shabatot preceding the three Festivals, E 2 52 the Nedabot of "Shalosh Pengamim" and every Yahid not offering therein, shall be charged one shilling each time. On the day of Kipur, a Nedaba for the wax of the Synagogue, and for S/iaare Tickva. On the morning of the first day of Pesah, one for Beth-Holim. On the morning of the seventh day of Pesah, one for Hebra. On Purim morning, the presiding Parnas and the two next in rotation, shall go round the Synagogue, each with a plate; the first to collect the half-shekel, which is valued at one shilling and sixpence ; the second, for the money of Purim ; and the third, for Sedaca. The two last are voluntary, but the first is compulsory on all above twenty years of age, and if not paid shall be charged in his bill. On the five Fasts of Guedaliah, Tebet, Esther, Tamuz, and Ab, the Secretary shall go round at Minha with a plate, to collect for the Sedaca. 3rd. There shall also be in Synagogue four small boxes, two at the pillars for the Yehidim, and two in the galleries for the Ladies, which shall be opened annually, and whatever may be found in them, shall be for Sedaca. 53 XIII. of j&eais in That the distribution of the seats in the Syna- gogues be made with equity, and to avoid the con- fusion or displeasure which the failure thereof might cause to any of the Yehidim : 1st. The said seats shall always be granted in a meeting of complete Mahamad, to the Yehidim or Congregantes, as the said Mahamad may think just, provided that none be given to a person who, con- formably with the Ascama, is unworthy to hold one ; nevertheless observing, that when there may be a vacant seat in either of the ends of any bench, or in the two seats nearest to either of them, before it be given to any person, the Mahamad shall give notice to the person sitting in the next seat more towards the centre of the said bench, that he may declare within eight days, whether he choose to move to the vacant seat, in which case the said notice shall be given to the next person, until they come to the centre of the bench ; but if any one of the persons to whom the said notice be given shall not choose to remove from his seat, that shall not prevent the next person from passing onwards and exchanging his seat. 2nd. A register book shall be kept, wherein shall be set down the names of the persons who now hold, 54 or to whom may hereafter be given seats in the Synagogues. And to each person to whom a seat be granted, a ticket shall be given specifying the number of the seat, and the bench, declaring it is granted to him as a loan; which ticket shall be signed by the President or Gabay of the Sedaca, in order that at any time when such person shall die, quit the kingdom, or incur the penalty of any of the Ascamot, rendering him unworthy to hold a seat in Synagogue, the Maliamad may have authority to dispose of it to another person. 55 XIV. &httiuon& of % ||arnassim, of ||*s|jatm, Hebra, Ctrra Santa anfr Cawtibm The elections of Parnassim of Heshaim, Hebra, and Terra /Saato and Cautivos, shall always be with the approbation of the Mahamad, in the following manner : 1st. Annually, two days before the Sabbath pre- ceding Rosh Ashana, there shall be an election of two Parnassim of Hebra, and annually, two days before the Sabbath preceding Sebuoth, there shall be an election of a -Treasurer, and a Parnas of Heshaim, and a Parnas of Terra Santa and Cautivos, for which the Mohamad shall summon in writing, three days before the above-mentioned days of election, the Treasurer or Parnassim who have served during that year, and who are to go out, and each one shall have the nomination of the person to succeed him in his office; and no election shall be made without having at least four persons present, three of whom are to be of the Mahamad ; and if either of the above-mentioned Treasurer or Parnassim shall fail to attend, or to send in writing the nomination of a person to suc- ceed him in his office, he shall pay forty shillings 56 fine to the Sedaca : and likewise, if any one of the Mohamad shall fail to be present at any of the elections, without sending a satisfactory excuse, or being in Abel, or distant thirty miles from London, he shall pay twenty shillings to the Sedaca. 2nd. The above-mentioned elections shall be made in the chamber of the Mohamad, the power of voting therein being solely with the Mohamad, together with the Treasurer and Parnas of Heshaim in, the elections for the said Society, and with the Parnassim of Hebra in the elections for Hebra, and with the Parnas of Terra Santa and Cautivos in that office, and on the nominations being made by the Treasurer or Parnassim of the said societies, they shall be decided by majority of votes ; in case of equal numbers, the Parnas who presides shall have the casting vote, and should the person nominated not be elected, the said Parnas who presides shall nominate another, or he shall have the first nomi- nation, in case the Treasurer or Parnas whose turn it is to go out should not attend or send such nomination in writing. 3rd. For the Treasurer of Heshaim, or first Parnas of Hebra, there shall always be nominated one of the Elders, (those having always the prefe- rence who have not served the said offices); unless any one of the Elders should offer himself and be approved of by the said meetings ; and for the second Parnas of Hebra, Parnas of Heshaim, and 57 Parnas of Terra Santa and Cautivos, any of the Yehidim may be nominated, not having previously served; but every person above seventy years of age shall be exempt from fine for not serving, unless he offer himself, or accept the said office. And if the person elected for Treasurer, or Parnas of Heshaim, be not a member of the said Society, he shall be considered one during his year of office: and in like manner for either of the Parnassim of Hebra who may not be a member of that Society. 4th. The election of the Parnassim of Hebra shall be proclaimed in Synagogue on the Sabbath preceding Rosh Ashana, and the first Parnas shall serve from that day till Shabat Agadol ; and the second from Shabat Agadol till the Sabbath pre- ceding Rosh Ashana. And the election of Trea- surer and Parnas of Heshaim, and of Parnas of Terra Santa and Cautivos, shall be proclaimed on the Sabbath preceding Sebuoth, on the first day of which festival the Treasurer of Heshaim going out, or in his absence, the Parnas of the said Society going out, shall preside and distribute the Misvot. 5th. The Parnas of Terra Santa and Cautivos shall take an account of and receive the offerings that may be made for the said society before quitting his office, and give in his accounts, and deliver to the Gabay of the Sedaca what he may. have received for the said society. 58 6th. When any person elected shall refuse to serve any of the above mentioned offices, he shall pay a fine of Five Pounds ; and the fines for Trea- surer and Parnas of Heshaim shall be for Heshaim^ and for the Parnassim of Hebra for Hebra, and for Parnas of Terra Santa and Cautivos for Sedaca. 7th. In case of refusal to serve any of the above named offices, the Mohamad shall make a new election, or elections, until the same be filled. And for the said new elections it shall not be necessary for the Mohamad to call the persons who last served the office, and each new election shall be proclaimed in Synagogue within four days. 59 XV. $Ugulalixms for t(p Oiobtrnnwtt 0f % Institutions 0f JMsIjaim anb U Conscious of the obligation incumbent on all the Communities of Israel to encourage and pro- mote the study of our Holy Law, as the surest means for its preservation and observance, the founders of our Congregation, in the year 5424, instituted for this purpose the Beth Hamedrash under the title of Heshaim. And further in the year 5494, the late Benjamin Mendes Da Costa, to perpetuate the memory of his only son, founded and endowed, with a similar object, the Yeshiba of Mahane Rephael. It having subsequently been deemed advisable by the Governors of Heshaim, and by the Elders of the Congregation, that these Yeshibot be amal- gamated and form one Institution, under the title of Heshaim and Mahane Rephael it is hereby enacted : 1st. That these united Yeshibot shall continue as hitherto, 'under the special protection of the Elders of the Congregation, in conformity with the compact with Heshaim in 5590. 2nd. That the present Funds, which consist of 5,961 18s. ild. Consols, and 304 8s. 9d. re- duced 3 per cent. Annuities belonging to Heshaim, 60 and 2,550 reduced 3 per cent. Annuities belong- ing to Mahane Eephael, shall always continue in the names of four Trustees, to be appointed by the Elders ; and with the exception of the 304 8s. 9d. reduced 3 per cent. Annuities which is an avail- able Fund, shall constitute a Permanent Fund, the Interest alone being applicable to the purposes of the Institution, and that all Legacies bequeathed, and Life Subscriptions shall be added to that Fund. 3rd. That the united Yeshibot shall be supported by the Interest of their funded property; by the Subscriptions of Members, which is fixed at twelve shillings per annum for gentlemen, and six shillings for ladies ; by the usual offerings and Nedaba ; and by such assistance as may be granted from the Funds of the Congregation. The Sub- scriptions are redeemable by a payment at once of five guineas for gentlemen, and three guineas for ladies ; which will constitute them Life Governors. That the Government of the united Institution shall be vested in a Committee of management consisting of the Treasurer and Parnas ofEeshaim and three Inspectors, jointly with the gentlemen ot the Mahamad. The Inspectors to be selected by the Elders every two years from among the Yehidim of the Congregation, and if not Members of the Institution they shall be such during their period of office. That such Committee shall meet 61 at least twice a year, or oftener if necessary ; and Five Members present to form a quorum, two of whom must be of the Mohamad. That the number of Students to be admitted into the Medrash shall not be less than Six (6) provided fit and proper persons to compose that number be attainable, having a knowledge of the English language. That the pay of such Students shall be regulated according to their proficiency and usefulness. But the highest pay shall not in any case exceed four pounds per month embracing the attendance and duties of both Yeshibot. That the Medrash shall be opened daily from ten to one o'clock in the morning, and for two hours after the afternoon service from Eosh Ashana until Pesach ; and from nine to twelve, and for two hours after the afternoon service, from Pesach until Rosh Ashana excepting the days usually kept as holidays. But under exceptional circumstances, some Members may be admitted for a portion only of that time at a reduced pay. That the election of Students shall be by the Votes of the Governors and Subscribers; the candidates being first approved of by the Com- mittee, and their names inserted hi the notices for election. But no one shall be allowed to vote unless he has been a Subscriber for at least one year, and is not indebted for more than one year's Subscription and Offerings. 62 That in order to perpetuate the pious intention of the founder of the Yeshiba of Ma/iane Rephael, the latter ho.ur of the morning studies shall be de- voted, according to the directions of the deceased, in preparing and studying the subject or lessons of the following days. The granting of rolls to the junior boys of our public schools to be continued, as well as an appro- priation for the purchase of books. That general meetings of the Governors and Sub- scribers shall be held half-yearly in the months of Hesvan and lyar for the election of Students and for general purposes. At the meeting in lyar the Treasurer shall present the accounts of the In- stitution. That any Student not present by fifteen minutes after the appointed hour of attendance, or quitting before the expiration of the time devoted to study, without reasonable cause assigned, shall be subject to a fine of One shilling, which shall be deducted by the Treasurer from his monthly pay. And a book shall be kept, wherein the Students shall sign their names; and a line shall be drawn by the senior Student present at the termination of the quarter of an hour allowed ; and the book shall be submit- ted monthly by the Secretary to the Treasurer, that the fines, if any, may be deducted from the salaries. That the Committee shall have power to suspend any Student for neglect of duty or other reasonable 63 cause, and report the same to the first general meeting. That in accordance with the resolutions adopted by the Governors of Heshaim in 5603, and sanc- tioned by the Elders, scholarships may be granted by the united institutions, for the advancement of such boys from our public schools as may exhibit talent, so that by a suitable secular and religious education they might be qualified to fill clerical offices in the congregation. That the Committee shall provide a person to fill the office of Secretary whose duties shall be to keep an account of the offerings and subscriptions, and to make out the bills annually in the month of Elul; to receive and pay, by direction of the Treasurer, the salaries to the Students and all other expenses of the Institution ; to issue all summonses, to attend all meetings, and keep the usual minutes. That at no time shall the Sedaca be responsible for any part of the expenses of these united Yeshi- bot beyond what the Elders may grant towards their support. 64 XVI. of It being most important to preserve order and decency in our burial grounds, at all times, the Parnassim of the Hebra shall have authority therein to enforce the following regulations : 1st. If any person, within the districts of the Beth-Haim, which is understood to be within the walls which separate them from the high road, should strike, or raise his hand to strike another person, or should insult any person by offensive expressions within the said districts, he shall be liable to a fine not exceeding forty shillings for the Sedaca. 2nd. In the Arrodeamentos which it is customary to make in Beth-Haim, no one shall be permitted to join except married men, or bachelors belonging to the Medrash, or other persons above forty years of age, and in carrying the deceased to the grave, or putting them into the ground, the members of the Hebra shall always have the preference, and of these such as are drawn by lot for each burial ; but the better to avoid any dispute that may occur in these or other matters, the Parnassim of Hebra shall have authority within the said Beth-Haim to order what they may think best, and whoever shall oppose the said orders, shall be liable to a fine not 65 exceeding forty shillings for the Sedaca, which fine, as well as that referred to in the preceding section, may be imposed in a Meeting of the Mahamad, in company with the Parnassim of Hebra, five forming a quorum. 3rd. The said Parnassim of Hebra are recom- mended to accompany every Misva to the Beth- Haim as often as possible, to prevent any disorder that might happen at such time; and finally, the said Parnassim, each one in the six months of his office, shall call a meeting of the Members of the said Society, to lay before them the state thereof, that the meeting may adopt such regulations as shall be found necessary, and the Gentlemen of the Mahamad shall be called to, and have a vote in, all the said meetings, and the said Parnassim of Hebra shall be bound to attend such meetings, and failing to come to them, or to convene them, each one in his six months, shall pay a fine of forty shillings for the said Society, except he be ill at home, or in Abel, or thirty miles distant from the Synagogue. XVII. 0f Cttasuwr atib |]antasstm 0f |U;t|r Jj0Iim. A Society having been established in this Kaal, under the title of Beth Holim, and this charity being, in its general government, subject to the jurisdiction of this Congregation, the elections of the Treasurer and Parnassim who govern it shall be made with the approbation of the Mahamad, and the said Society shall be subject to the following further regulations : 1st. Annually, two days before the Sabbath pre- ceding Rosli Ashana, an election shall be made of a Treasurer and a Parnas of Beth Holim; and two days before Shabat Agadol, of another Parnas of the said Charity : for these elections, the Mohamad shall convene meetings by summons, issued at least three days previously, at which the Treasurer and Parnassim quitting office, shall give in the names of the parties chosen by the Meeting of Beth Holim for those offices, or failing to attend shall send the nomination in writing. At such meetings not less than four persons shall act, and the name or names submitted shall be balloted for, and decided by a majority of votes, the President having the casting 67 vote, when the numbers are equal. Should the nomination be negatived, the Meeting of Beth Holim must send a fresh nomination within eight days. For either of the said offices Yehidim of the Con- gregation only shall be eligible. No one above seventy years of age shall be fined for refusing either of the said offices, and no one shall be elected a second time within four years from his first elec- tion. If the persons elected be not members of the Charity, they shall be so considered during their year of office. Should the said Treasurer or Parnas not attend at the Mohamad at the time appointed, or send in writing the said nomination, he shall be fined forty shillings for the Sedaca, and any of the Mahamad not attending, except it be through ill- ness, being in Abel, or thirty miles distant from London, shall be fined twenty shillings for the Sedaca. 2nd. If the Treasurer refuse to serve his Office, he shall pay a fine of ten guineas, and any one of the Parnassim not accepting his office, shall pay five guineas, the said fines being for Beth Holim, and in every such case a new election shall be made to fill up the vacant office in the same manner as the first ; the persons elected shall be named in Synagogue on the Sabbath preceding Rosh Ashana, and on the day of Shabat Agadol, and should it be a second election, within seven days afterwards. F2 68 3rd. Besides the House Committees to be held in Beth Holim, for the regulation thereof, there shall be at least two general meetings yearly, to which the Gentlemen of the Mahamad shall always be summoned. 4th. Any of the Gentlemen of the Mahamad shall have authority to recommend patients to the said Hospital, and the same power shall extend to the Physician and Surgeon of the Sedaca, and the said Physician and Surgeon shall be obliged to visit constantly the patients who may be in the said Hospital, and to conform to its internal regulations in what regards the said patients. 5tb. The Society of BethHolim, shall be obliged to supply all the medicines prescribed for the poor of our Congregation, by the Physician and Surgeon of the Sedaca, although they be not in the said Hospital, the poor providing the vessels to contain such medicines. 6th. If any person should attempt to enter by force the said Hospital, or whilst there create any disturbance, wantonly injuring any part of the said house, or of its furniture, or shall in any manner defraud the said Hospital, on a representation thereof being made to the Mahamad in the name of the House- Committee, such person shall be ex- cluded from all benefit which he enjoys or might enjoy from the Sedaca, for such time as may be thought just, according to the degree of his offence. 69 7th. At no time shall the Sedaca be responsible for the engagements of Beth Holim, except for what may be annually granted in the Meeting of the Elders for the expense of the dispensary and the relief of our sick, which assistance shall not. be denied to the Charity without giving it notice at least one year beforehand. 70 XVIII. of % ^ffmngs for fern; Sattta: atrtr As the Gabay of the Sedaca is to receive annually, from the Parnas of J