The Historical Development of the Book of Church Order

Chapter 41 : References

Paragraph 1 : Reference Defined

41-1. A reference is a written representation and application made by a lower court to a higher for advice or other action on a matter pending before the lower court, and is ordinarily to be made to the next higher court.

DIGEST :

BACKGROUND AND COMPARISON :
PCA 1973, RoD, 15-1, Adopted text, as printed in the Minutes of General Assembly, p. 153
and
Continuing Presbyterian Church 1973, RoD, 15-1, Proposed text, p. 56
A reference is a written representation and application made by a lower court to a higher for advice, or other action, on a matter pending before the lower court, and is ordinarily to be made to the next 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. 245-246), on
§247.—I. A reference is a representation of a matter not yet decided, made by an inferior to a superior court, which representation ought always to be in writing.
Cf. 77:2. A matter decided goes to the superior court in the regular records sent up for general review, and may also be brought there by appeal or complaint; but the court itself, instead of making a decision, may refer the question. This applies also to judicial cases, and the court may refer without consent of parties; but the parties must be heard in the superior court just as in the inferior court on the same question.