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1824 Feby. March 2
Constitutional CodeCh. XXI Appellate Judges
§. 7. Vexation by Appeal obviated
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§. 7. Vexation by Appeal obviated.
Art. 1. Exceptions excepted. To the suit that Exception excepted, that in the case of
insincere as or rash Appellant may bear the Appeal, the shame blame may fall
more effectually fall upon the Appellant, no Appeal will be proceeded upon
unless the Appellant be present, and to that end in case of need
subjected if need be, to fresh interrogations, the Judge appealed from
the Judge In appealed from may, at the instance of any party, give order for the personal attendance of
the Appellant at the Appellate Judicatory on and during the hearing, subject if need be there to be, in
subjected case if tried to fresh interrogatories: and in case of non-compliance with on occasion subjected to interrogatories, tending
to bring to light any such insincerity or rashness: in case of
such order non compliance without sufficient excuse the Appeal will be dismissed: in case of sufficient
excuse it may be retained till compliance has had place
or been chosen to be impracticable. For cases of exception see Procedure Code.
Art. 2. At the instance of the Of the a respondent Art. 2. If At the Immediate Judicatory, if it be ascertained
Art. 2. If the respondent be for the maintenance
defence of his interests the respondent being
that Art. 2. If, the personal faculties of a Respondent not being
inadequate to the support of his interests at the on the hearing of the Appellate cause
Appeal gratuitous at the Appellate Judicatory, adequate
Judicatory extraneous assistance be thereby rendered necessary
not being obtainable by him, nor means sufficient or not assistance, gratuitous or professional will thus otherwise not there be obtainable by
person for the engaging of professional assistance, him, the Judge the Judge
appealed from, may of his own motion, or on the application of the Pursuer General or the Defender
General at of his Judicatory, as the case may be give order for a fee require, will
transmitt along with the Record a certificate to the above effect:
whereupon addressed to the Pursuer General or the Defender General as the at the Appellate Judicatory.
if the case may require will make whereupon such
Such certificate received, the Pursuer General or Defender General will, make functionary receiving it will in virtue
of their several offices his office, make argumentation on the Respondent's
side.
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