The central Presbyterian. [volume] (Richmond, Va.) 1856-1908, 1866-10-17

days. But the time allotted for his ap-
pearance on the subsequent citation, is
left to the discretion of the court, pro-
vided always, however, that it be not less
than is quite sufficient for a seasonable
and convenient compliance with the eta
ton.
WILL In case party accused shall
absent or secrete himself, so that process
cannot be served on him, the court shall
enter upon its record that fact, together
with the nature Of the offences charged,
and shall suspend the accused from all
church privileges until he shall appear
before the court, and answer to the
charges against him.
TX. When the offence with which an
accused person stands charged, took place
at a distance, and it is inconvenient for
the witnesses to appear before the court
having jurisdiction, that court may either
appoint commission of their own body,
or request the coordinate court contigu-
Gus to the place where the facts occurred,
to take the testimony for them. The ac-
cused must always have notice of the
time and place of the meeting of this
commission.
X When an offence, committed at a
distance, is not likely otherwise to be-
come known to the court having jurisdic-
ton, it shall be the duty of the court
within whose bounds the facts occurred,
after satisfying itself that there is proba-
Bile ground of accusation, to send notice
to the court having jurisdiction, which is
at once to proceed against the accused.
XI. Courts before proceeding to trial
ought to ascertain that their citations
have been duly served, and especially be-
fore they proceed to ultimate measures
for contumacy.
XII. In all process, it is expedient
that there be a committee appointed (pro-
vided the number of members be sufficient
to admit of it without inconvenience
who shall be called "the judicial com
mittee," and whose duty it shall be to
digest and arrange all the papers, and to
prescribe under the direction of the court,
the whole order of the proceedings. The
members of this committee shall be enti-
tied, Notwithstanding their performance
of this duty, to sit and vote in the case
as members of the court.
XIII. When the trial is about to be-
gin, it shall be the duty of the moderator
solemnly to announce from the chair,
that the court is about to pass to the con-
sideration of the business assigned for
Judgment; and to enjoin on the members
to recollect and regard their high charac-
ter as judges of court of Jesus Christ,
and the solemn duty in which they are
about to act.
XIV. In order that the trial may be
fair and impartial, the witnesses shall be
examined in the presence of the accused,
or at least after he shall have received
due citation to attend. Witnesses may
be cross-examined by both parties and
any questions asked which are pertinent
to the issue tried.
XIV. In all questions arising in the
progress of trial, the discussion shall
first be between the parties alone; and
when they have been heard, they shall
withdraw from the court, until the mem
bers deliberate upon and decide the point.
XVI. Whenever court of first resort
proceeds to the trial of a case, the fol-
lowing order shall be observed: 1. The
moderator shall charge the court; 2. The
indictment shall be read, and the answer
of the accused be heard; 3. The wit
nesses for the prosecutor, and then those
for the accused shall be examined; 4.
The parties shall be heard, first the prose-
cutor and then the accused; 5. The mem
bers of the court shall have an opportu-
nifty of expressing their views of the
case; g. The decision shall be made and
entered on record.
XVII. Any judge who shall express
his opinion out of court, or to either par
ty, of the merits of pending judicial
case, shall be thereby disqualified for sit
ting upon it.
XVIII. The parties shall be allowed
copies of the whole proceedings, at their
own expense, if they demand them.
Minutes of the trial shall be kept by the
clerk, which shall exhibit lin addition to
the Judgment the charges, the answer,
all the testimony, and all the acts and
orders of the court relating to the cause
The clerk shall, without delay, attach to-
gether the charges, the answer, the cita-
tons and returns thereto, and the minutes
herein required to be kept; on which
shall be engrossed the judgment of the
court These papers, when so attached,
shall constitute "the record " of the
cause. In case of aremoval of the cause
by appeal or complaint, the lower court
shall transmit the record thus prepared,
to the higher court, with the addition of
the notice of appeal or complaint, and
the reasons thereof, if any shall have
been filed. Nothing which is not con-
tanned in this record shall be taken into
consideration in the higher court. On
the final decision of cause in the high
er court, its judgment shall be sent down
to the court in which the cause origina-
ted
XIX. No professional council shall be
permitted to appear and plead in cases of
process in any of our ecclesiastical courts,
but an accused person may, if heSdesires
it, be represented before the session by
any communicating member of the same
church, or before any other court, by any
member of the court. A member of the
court so employed, shall not be allowed,