Theses de appellationib. attentatis et inhibitionibus

XXXIII.

Clearly, if someone has not appealed in writing within the term of law original: "terminum iuris" due to poverty, this will harm him not at all.

XXXIIII.

A minor, too, if he has not appealed within the legitimate time, may be restored to the right of appeal, all examination being bypassed.

XXXV.

Here it is not unfairly asked: if someone appeals by word of mouth with a protestation of appealing in writing, which one is he bound to pursue? The Chamber leaves it to the discretion of the appellant which one he wishes to pursue. However, once one is chosen, the other falls away.

XXXVI.

With the appeal duly interposed, the apostoli official letters of dismissal from the lower court must be sought instantly and frequently from the judge a quo from whom the appeal is taken, within 30 days, and they must be communicated, unless the judge a quo wishes to incur a penalty.

XXXVII.

Although this request for the apostoli is by common law absolutely necessary, such that its omission renders the appeal void, that necessity has nevertheless been removed by the ordinance of the Imperial Chamber.

XXXVIII.

The time for introducing the appeal must also be observed entirely; for unless the appeal is presented to the judge within that time, it is held to be abandoned.

XXXIX.

Which time was formerly at one time annual, at another time nine