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rogatories and cross-interrogatories, auly settled ny the judicatory, due notice having been given of the time when, and place where, the witnesses are to be examined. All questions, as to the relevancy or competency of the testimony so taken, shall be determined by the judicatory. The testimony, properly authenticated by the signatures of the commissioners, shall be transmitted, in due time, to the Clerk of the judicatory before which the case is pending..
66. A member of the judicatory may be called upon to testify in a case which comes before it. lle shall be quali fied as other witnesses are, and, after having given his testimony, may immediately resume his seat as a member of the judicatory.
67. A member of the church, summoned as a witness, and refusing to appear, or, having appeared, refusing to testify, shall be censured according to the circumstances of the case for his contumacy.
68. If, after a trial before any judicatory, new evidence is discovered, supposeil to be important to the exculpation of the accused, he may ask, if the case has not been appealed, and the judicatory shall grant, if justice seems to require it, a new trial.
69. If, in the prosecution of an appeal, new evidence is offered, which, in the judgment of the appellate judicatory, has an important bearing on the case, it shall either refer the whole case to the inferior judicatory for a new trial; or, with the consent of the parties, take the testimony, and hear and determine the case.
OF THE WAYS IN WHICH A CA USE MAY BE CARRIED FRON
A LOWER TO A HIGHER JUDICATORY,
70. ALL proceedings of the session, the presbytery, and the synod (except as limited by Chapter XI., Section 4, of the Fornı of Government), are subject to review by, and may be taken to, a superior judicatory, by General Review and Control, Reference, Complaint, or Appeal.
I. OF GENERAL REVIEW AND CONTROL. 71. All proceedings of the church shall be reported to, and reviewed by, the session, and by its order incorporated with its records. Every judicatory above a session shall review, at least once a year, the records of the proceedings of the judicatory next below; and, if the lower judicatory shall omit to send up its records for this purpose, the higher may require them to be produced, either immediately, or at a specified time, as circumstances may determine.
72. In such review, the judicatory shall examine, first, whether the proceedings have been correctly recorded ; second, whether they have been constitutional and reg. ular; and, third, whether they have been wise, equitable, and for the edification of the Church.
73. Members of a judicatory, the records of which are under review, shall not be allowed to vote thereon.
74. In most cases the superior judicatory may discharge its duty, by simply placing on its own records, and on those under review, the censure which it may pass. . But irregular proceedings may be found so disreputable and injurious, that the inferior judicatory must be required to review and correct, or reverse them, and report, within a specified time, its obedience to the order: provided, however, that no judicial decision shall be reversed, unless regularly taken up on appeal.
75. If a judicatory is, at any time, well advised of any unconstitutional proceedings of a lower judicatory, the latter shall be cited to appear, at a specified time and place, to produce the records, and to show what it has done in the matter in question; after which, if the charge is sustained, the whole matter shall be concluded by the judicatory itself, or be remitted to the lower judicatory, with directions as to its disposition.
76. Judicatories may sometimes neglect to perform their duty, by which neglect heretical opinions or corrupt practices may be allowed to gain ground, or offenders of a gross character may be suffered to escape; or some part of their proceedings may have been onnitted from the record, or not properly recorded. If, therefore, at any time, the supe ior judicatory is well advised of such neglects, omission », or irregularities on the part of the inferior judicatory, it may require its records to be produced, and shall either proceed to examine and decide the whole matter, as completely as if proper record had been made; or it shall cite the lower judicatory, and proceed as in the next preceding section
II. OF REFERENCES.
77. A Reference is a representation in writing, made by an inferior to a superior judicatory, of a judicial case not yet decided. Generally, however, it is more conducive to the public good that each judicatory should fulfill its duty by exercising its own judgment.
78. 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 inferior judicatory is greatly divided, or on which for any reason it is desirable that a superior judicatory should first decide, are proper subjects of reference.
79. References are, either for mere advice, preparatory to a decision by the inferior judicatory, or for ultimate trial and decision by the superior; and are to be carried to the next higher judicatory. If for advice, the reference only suspends the decision of the inferior judicatory; if for trial, it submits the whole case to the final judgment of the superior.
80. In cases of reference, members of the inferior judicatory may sit, deliberate, and vote.
81. A judicatory is not necessarily bound to give a final judgment in a case of reference, but may remit the whole case, either with or without advice, to the inferior judicatory.
82. The whole record of proceedings shall be promptly transmitted to the superior judicatory, and, if the reference is accepted, the parties shall be heard.
III. OF COMPLAINTS.
83. A Complaint is a written representation by one or more persons, subject and submitting to the jurisdiction of an inferior judicatory, to the next superior judicatory against a particular delinquency, action, or decision of such inferior judicatory in a non-judicial or administrative
When a non-judicial or administrative case has been decided by a Judicial Commission of an inferior judicatory, sitting during an interval between the meetings of such judicatory, a complaint against the decision of the Commission may be entered and prosecuted before a superior judicatory, in the same manner as if the decision had been rendered by the inferior judicatory; and if at least one-third of the members of the Commission, recorded as present when the decision was made, join in such complaint, the execution of the decision of the Commission shall be stayed until the final issue of the case by the next superior judicatory.
84. Written notice of Complaint, with the reasons therefor, shall be given, within ten days after the action was taken, to the Clerk, or, in case of his death, absence, or disability, to the Moderator, of the judicatory complained of, who shall lodge it, with the records and all the papers pertaining to the case, with the Clerk of the superior judicatory, before the close of the second day of its regular meeting next ensuing the date of the reception of said notice.
85. Whenever a Complaint is entered in a non-judicial or administrative case against a decision of a judicatory, by at least one-third of the members recorded as present when the decision was made, the execution of the decision shall be stayed until the final issue of the case by the next superior judicatory.
86. The complainant shall lodge his Complaint, and the reasons therefor, with the Clerk of the superior judicatory before the close of the second day of its meeting next ensuing the date of the notice thereof.
87. If the higher judicatory finds that the Complaint is in order, and that sufficient reasons for proceeding to its determination have been assigned, the next step shall be to read the record of the action complained of, and so much of the record of the lower judicatory as may be pertinent; then the parties shall be heard, and, after that, the judicatory shall proceed to consider and determine the
88. The effect of a complaint, in a non-judicial or administrative case, if sustained, may be the reversal, in whole or in part, of the action or decision complained of. When a complaint is sustained, the lower judicatory shall be directed how to dispose of the matter.
89. The parties to a Complaint shall be known, respectively, as Complainant and Respondent—the latter being the judicatory complained of, which should always be represented by one or more of its number appointed for that purpose, who may be assisted by counsel.
90. Neither the complainant nor the members of the judicatory complained of shall sit, deliberate, or vote in the case.
91. Either of the parties to a Complaint may complain to the next superior judicatory, except as limited by Chapter XI., Section 4, of the Form of Government.
92. The judicatory against which a Complaint is made shall send up its records, and all the papers relating to the matter of the Complaint, and filed with the record; and, for failure to do this, it shall be censured by the superior judicatory, which shall have power to make such orders, pending the production of the records and papers, and the determination of the Complaint, as may be necessary to preserve the rights of all the parties.
93. This section eliminated in 1902.