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 omitted from the record, or not properly recorded. If, therefore, at any time, the superior judicatory is well advised of such neglects, omission 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.

" or

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, made to the next superior judicatory, by one or more persons subject and submitting to the jurisdiction of the judicatory complained of, respecting any delinquency, or any decis ion, by an inferior 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 juditatory, 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, in cases non-judicial, is entered against a decision of a judicatory, signed by at least one-third of the members recorded as present when the action was taken, the execution of such decision shall be stayed, until the final issue of the case by the 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 trial 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 case, as provided for in cases of original process. In cases of Complaint involving a judicial decision, proceedings in

an appellate judicatory shall be had in the order and as provided in Section 99, Chapter IV., entitled "Of Appeals."

88. The effect of a Complaint, if sustained, may be the reversal, in whole or in part, of the action of the lower judicatory; and may also, in cases non-judicial, be the infliction of censure upon the judicatory 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, in cases non-judicial, 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 appeal 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. If a case should be carried to an appellate judicatory by both Appeal and Complaint, the same shall be consolidated for trial, if deemed proper by the appellate judicatory. If the Appeal be abandoned, the case shall be heard only on the Complaint.

IV. OF APPEALS.

94. An Appeal is the removal of a judicial case, by a written representation, from an inferior to a superior judi

catory; and may be taken, by either of the original parties, from the final judgment of the lower judicatory. These parties shall be called Appellant and Appellee.

95. The grounds of Appeal may be such as these: Irregularity in the proceedings of the inferior judicatory; refusal to entertain an Appeal or Complaint; refusal of reasonable indulgence to a party on trial; receiving improper, or declining to receive important, testimony; hastening to a decision before the testimony is fully taken; manifestation of prejudice in the conduct of the case; and mistake or injustice in the decision.

96. Written notice of Appeal, with specifications of the errors alleged, shall be given, within ten days after the judgment has been rendered, to the Clerk, or, in case of his death, absence, or disability, to the Moderator, of the judicatory appealed from, 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 his reception of said notice.

97. The appellant shall appear in person or by counsel before the judicatory appealed to, on or before the close of the second day of its regular meeting next ensuing the date of the filing of his notice of Appeal, and shall lodge his Appeal and specifications of the errors alleged, with the Clerk of the superior judicatory, within the time above specified. If he fail to show to the satisfaction of the judicatory that he was unavoidably prevented from so doing, he shall be considered as having abandoned his Appeal, and the judgment shall stand.

98. Neither the appellant, nor the members of the judicatory appealed from, shall sit, deliberate, or vote in the case.

99. When due notice of an Appeal has been given, and the Appeal and the specifications of the errors alleged have been filed in due time, the Appeal shall be considered in order. The judgment, the notice of Appeal, the Appeal, and the specifications of the errors alleged, shall

be read; and the judicatory may then determine, after hearing the parties, whether the Appeal shall be enterIf it be entertained, the following order shall

tained.

be observed:

(1) The record in the case, from the beginning, shall be read, except what may be omitted by consent.

(2) The parties shall be heard, the appellant opening and closing.

(3) Opportunity shall be given to the members of the judicatory appealed from to be heard.

(4) Opportunity shall be given to the members of the superior judicatory to be heard.

(5) The vote shall then be separately taken, without debate, on each specification of error alleged, the question being taken in the form: "Shall the specification of error be sustained ?" If no one of the specifications be sustained, and no error be found by the judicatory in the record, the judgment of the inferior judicatory shall be affirmed. If one or more errors be found, the judicatory shall determine, whether the judgment of the inferior judicatory shall be reversed or modified, or the case remanded for a new trial; and the judgment, accompanied by a recital of the error or errors found, shall be entered on the record. If the judicatory deem it wise, an explanatory minute may be adopted which shall be a part of the record of the case.

100. When the judgment directs admonition or rebuke, notice of Appeal shall suspend all further proceedings; but in other cases the judgments shall be in force until the Appeal is decided.

101. The judicatory whose judgment is appealed from shall send up its records, and all the papers relating thereto, and filed with the record. If it fails to do this, it shall be censured; and the sentence appealed from shall be suspended, until a record is produced on which the issue can be fairly tried.

102. Appeals are, generally, to be taken to the judica tory immediately superior to that appealed from.