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matter, as completely as if it had been recorded, and thus brought up by the review of the records.
VI. When any important delinquency, or grossly unconstitutional proceedings, appear in the records of any judicatory, or are charged against them by common fame, the first step to be taken by the judicatory next above, is to cite the judicatory alleged to have offended, to appear at a specified time and place, and to show what it has done, or failed to do in the case in question: after which the judicatory thus issuing the citation, shall remit the whole matter to the delinquent judicatory, with a direction to take it up, and dispose of it in a constitutional manner, or stay all further proceedings in the case, as circumstances may require.
I. A REFERENCE is a judicial representation, made by an inferior judicatory to a superior, of a case not yet decided; which representation ought always to be in writing.
II. Cases which are new, important, difficult, of peculiar delicacy, the decision of which may establish principles or precedents of extensive influence, on which the sentiments of the inferior judicatory are greatly divided, or on which, for any reason, it is highly desirable that a
larger body should first decide, are proper subjects of reference.
III. References are either for mere advice, preparatory to a decision by the inferior judicatory; or for ultimate trial and decision by the superior.
IV. In the former case, the reference only suspends the decision of the judicatory from which it comes in the latter case, it totally relinquishes the decision, and submits the whole cause to the final judgment of the superior judicatory.
V. Although reference may in some cases, as before stated, be highly proper; yet it is, generally speaking, more conducive to the public good, that each judicatory should fulfil its duty by exercising its judgment.
VI. Although a reference ought, generally, to procure advice from the superior judicatory; yet that judicatory is not necessarily bound to give a final judgment in the case, even if requested to do so; but may remit the whole cause, either with or without advice, back to the judicatory by which it was referred.
VII. In case of reference, the members of the inferior judicatory making it, retain all the privileges of deliberating and voting, in the course of trial and judgment before the superior judicatory, which they would have had, if no reference had been made.
VIII. References are, generally, to be carried to the judicatory immediately superior.
IX. In cases of reference, the judicatory referring ought to have all the testimony, and other documents, duly prepared, produced, and in perfect readiness; so that the superior judicatory may be able to consider and issue the case with as little difficulty or delay as possible.
I. AN appeal is the removal of a cause already decided, from an inferior to a superior judicatory, by a party aggrieved.
II. All persons who have submitted to a regular trial in an inferior, may appeal to a higher judicatory.
III. Any irregularity in the proceedings of the inferior judicatory; a refusal of reasonable indulgence to a party on trial; declining to receive important testimony; hurrying to a decision before the testimony is fully taken; a manifestation of prejudice in the case; and mistake or injustice in the decision-are all proper grounds of appeal.
IV. Appeals may be, either from a part of the proceedings of a judicatory, or from a definitive sentence.
V. Every appellant is bound to give notice of his intention to appeal, and also to lay the reasons thereof, in writing, before the judicatory appealed from, either before its rising, or within ten days thereafter. If this notice, or
these reasons, be not given to the judicatory while in session, they shall be lodged with the moderator.
VI. Appeals are generally to be carried in regular gradation, from an inferior judicatory to the one immediately superior.
VII. The appellant shall lodge his appeal, and the reasons of it, with the clerk of the higher judicatory, before the close of the second day of their session.
VIII. In taking up an appeal, after ascertaining that the appellant on his part has conducted it regularly, the first step shall be to read the sentence appealed from: secondly, to read the reasons which were assigned by the appellant for his appeal, and which are on record: thirdly, to read the whole record of the proceedings of the inferior judicatory in the case, including all the testimony, and the reasons of their decision: fourthly, to hear the original parties: fifthly, to hear any of the members of the inferior judicatory, in explanation of the grounds of their decision, or of their dissent from it.
IX. After all the parties shall have been fully heard, and all the information gained by the members of the superior judicatory, from those of the inferior, which shall be deemed requisite, the original parties, and all the members of the inferior judicatory, shall withdraw; when the clerk shall call the roll, that every member may have an opportunity to express
his opinion on the case; after which the final vote shall be taken.
X. The decision may be either to confirm or reverse, in whole, or in part, the decision of the inferior judicatory; or to remit the cause, for the purpose of amending the record, should it appear to be incorrect or defective; or for a new trial.
XI. If an appellant, after entering his appeal to a superior judicatory, fail to prosecute it, it shall be considered as abandoned, and the sentence appealed from shall be final. And an appellant shall be considered as abandoning his appeal, if he do not appear before the judicatory appealed to, on the first or second day of its meeting, next ensuing the date of his notice of appeal: except in cases in which the appellant can make it appear that he was prevented from seasonably prosecuting his appeal by the providence of God.
XII. Members of judicatories appealed from cannot be allowed to vote in the superior judicatory, on any question connected with the appeal.
XIII. If the members of the inferior judicatory, in case of a sentence appealed from, appear to have acted according to the best of their judgment, and with good intention, they incur no censure, although their sentence be reversed. Yet, if they appear to have acted irregularly or corruptly, they shall be censured as the case may require.