Theses iuridicae et inaugurales de appellationibus

XXX.

This petition for apostolic letters, which was once done at intervals of days, but today must be done more frequently in one and the same context and time, is necessary by common law, such that its omission renders the appeal void. But that necessity has been removed by the ordinance of the Imperial Court.

XXXI.

The time for presenting the appeal, which is set either by the appellant himself or by the Judge from whom the appeal is taken, must also be observed. For if the appeal has not been insinuated to the Judge within that time, and no just cause for the delay is proven, it ought to be considered deserted.

XXXII.

There is also a fourth defined time for prosecuting the appeal before the superior Judge: for instance, one year, which is called the first fatal a strictly binding time limit; after which has elapsed, another year, the second fatal, is indulged for a just cause; when this second year has also passed, and the lawsuit is not completed, the sentence remains ratified. In the court of the Holy Roman Empire, only a half-year is given.

XXXIII.

If, however, the appellant can show he was impeded by a most just cause even in the second year, he is given, through restitution in full, not a full year, but only as much time as the impediment lasted: which is observed in the same way in the Chamber.

Truly