The Historical Development of the Book of Church Order

Chapter 41 : References

Paragraph 2 : The Proper Subjects of Reference

41-2. Among proper subjects for reference are matters that are new, delicate or difficult; or on which the members of the lower court are very seriously divided; or which relate to questions involving the Constitution and legal procedures respecting which the lower court feels the need of guidance.

DIGEST :

BACKGROUND AND COMPARISON :
PCA 1973, RoD, 15-2, Adopted text, as printed in the Minutes of General Assembly, p. 153
and
Continuing Presbyterian Church 1973, RoD, 15-2, Proposed text, pp. 56-57
Among proper subjects for reference are matters that are new, delicate, or difficult ; or on which the members of the lower court are very seriously divided ; or which relate to questions involving the Constitution and legal procedure respecting which the lower court feels the need for guidance.

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
§248.—II.
Cases which are new, important, difficult or of peculiar delicacy, the decision of which may establish principles or precedents of extensive influence; on which the sentiments of the inferior court are greatly divided; or on which for any reason it is desirable that a superior court should first decide, are proper subjects of reference.
It would be within the discretion of the superior court to decline to entertain a reference on the ground that it was not a proper case.