Theses de appellationib. attentatis et inhibitionibus

months, at another five: unless the judge a quo from whom the appeal is taken has set a shorter term. Today, in the judgment of the Chamber, a fixed time is granted, and this time runs from the moment the appeal is interposed.

XL.

Finally, with the appeal thus legitimately introduced, it must be completed within a year, or two years if there is a just cause.

XLI.

The effect of the appeal is that it is permitted to both sides to introduce what has not been introduced, and to prove what has not been proven: whence the appellee may introduce his grievances, just as the appellant may desist.

XLII.

But also, with the appeal interposed, it has been most frequently established that nothing ought to be innovated or attempted, and that all things ought to be in the state in which they were at the time of the pronouncement.

XLIII.

And this is true, whether the attempts are made by the judge or by the parties: and whether in the whole cause, or in any part of it. Although he who uses the convenience of his own possession is not considered to be making an attempt.

XLIIII.

And therefore, by the office of the judge to whom the appeal is made, they must be revoked above all things: nor in that case is a formal complaint or the contesting of the suit required.

XLV.

In this, all agree, if the attempts are notorious. In those matters which require deeper investigation, the learned doctors dissented.