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1823. Decr. 27
Constitutional Code
Ch.
Appellate Judges
Art. 1. By an Appellate Judge understand a Judge
having cognizance of Appeals
Art. 2. By Appeal, understand a request compleat discourse
addressed to a Judge of superior order and power, by a
suitor in an Immediate Judicatory subject to his authority
complaining alledging misconduct in a certain shape to
have had place in the conduct of a Judge Immediate
but not without accusing charging him of any charge against him
on the ground of moral inaptitude: error in judgement being
the cause source ground to which the alledged misconduct is ascribed or supposed
to have had its cause source: ☞ Quere whether to insert? whereupon what is
requested is – that in his favour relief redress should be administered
to him by the exercise given in his favour to of some one or more of the functions belonging
to the Judge Appellate: of which function or functions indication is at the same time given.
Art. 2. Misdecision or non-decision: to one or other
of those heads is the misconduct thus ascribed to the Judge
appealed appealed from referable.
Art. 3. Of Misdecision will if it has place
will the subject will either be the ultimate decision in
the suit as composed of the two ultimate decrees, – namely
a decision embracing the whole of the matter in contestation;
or else some incidental decision not
purporting to be the ultimate decision in this suit antecedent
to definitive execution, or if purporting so to be, not
embracing the whole of the matter in contestation.
Identifier: | JB/037/407/002 "JB/" can not be assigned to a declared number type with value 37.
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