The Historical Development of the Book of Church Order

Chapter 41 : References

Paragraph 6 :

41-6. When a court makes a reference, it ought to have all the testimony and other documents duly prepared, produced and in perfect readiness, so that the higher court may be able to fully consider and handle the case with as little difficulty or delay as possible.

DIGEST :

BACKGROUND AND COMPARISON :
PCA 1973, RoD, 15-6, Adopted text, as printed in the Minutes of General Assembly, p. 153
and
Continuing Presbyterian Church 1973, RoD, 15-6, Proposed text, p. 57
When a court makes a reference, it ought to have all the testimony and other documents duly prepared, produced, and in perfect readiness, so that the higher court may be able to fully consider and issue the case with as little difficulty or delay as possible.

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. 245-246), on
§254.—VIII: When a court makes a reference, it ought to have all the testimony and other documents duly prepared, produced, and in perfect readiness, so that the superior court may be able to fully consider and issue the case with as little difficulty and delay as possible.
The inferior court may decide at any stage of its own consideration to make a reference; and all the testimony, etc., up to that stage should be put in
perfect readiness for the superior court. Manifestly, it is not contemplated that a judicial case will be referred before the evidence has all been taken; and yet this is not forbidden, since the very difficulty might hang around questions as to the taking and admission of evidence.