The Historical Development of the Book of Church Order

Chapter 41 : References

Paragraph 3 : The Objects of References

41-3. In making a reference the lower court may ask for advice only, or for final disposition of the matter referred; and in particular it may refer a judicial case with request for its trial and decision by the higher court.

DIGEST :

BACKGROUND AND COMPARISON :
PCA 1973, RoD, 15-3, Adopted text, as printed in the Minutes of General Assembly, p. 153
and
Continuing Presbyterian Church 1973, RoD, 15-3, Proposed text, p. 57
In making a reference the lower court may ask for advice only, or for final disposition of the matter referred ; and in particular it may refer a judicial case with request for its trial and decision by the higher court.

PCUS 1933,

PCUS 1925,

PCUS 1879,
The

PCUS 1869 draft,
The

PCUS 1867 draft,
It

COMMENTARY :
F.P. Ramsay, Exposition of the Book of Church Order (1898, p. 244), on
§249.—III. References are either for mere advice, preparatory to a decision by the inferior court, or for ultimate decision by the superior court.
And the inferior court should always distinctly state its desire, whether for advice, merely, or for an ultimate decision. If the reference asks for advice only, the superior court cannot make an ultimate decision.