Marginal note

Usage examples of apostil.

And when the appointed time for the appellant has arrived, if the Judge has not prepared his apostils or answers, or in some other way is not ready, the appellant can at once demand that his appeal be heard, and may continue to do so on each successive day up to the thirtieth, which is the last day legally allowed for the submission of the apostils.

Judge take care not to commence any new proceedings against the appellant, by arresting him or, if he is in custody, liberating him from prison, from the time of the presentation of the appeal up to the time of the return of negative apostils to him.

And this answer the said Judge gives tot he said appellant as affirmative apostils, and orders that it be given to him immediately after the appeal presented to him.

And when the accused has given him a copy of the appeal, the Judge shall notify him that he has yet two days before he need answer it, and after those two days thirty more before he need prepare the apostils of the case.

And although he may give his answer at once, and at once proceed to issue his apostils if he is very expert and experienced, yet it is better to act with caution, and fix a term of ten or twenty or twenty-five days, reserving to himself the right to prorogue the hearing of the appeal up to the legal limit of time.

Judge must take care that, when he affixes a term for the accused who is appealing and petitioning for apostils, he must provide not only for the giving, but both for the giving and receiving of apostils.

Therefore let him assign to him a term, that is, such a day of such a year, for the giving and receiving from the Judge such apostils as he shall have decided to submit.

For example, let him assign the twentieth day of August, in the present year, at the hour of vespers, and the chamber of the Judge himself in such a house, in such a city, for the giving and receiving of apostils such as shall have been decided upon for such appellant.

And during the assigned interval the Judge shall diligently examine the copy of the appeal, and the reasons or objections upon which it is based, and shall consult with learned lawyers whether he shall submit negative apostils, that is, negative answers, and thereby disallow the appeal, or whether he shall allow the appeal and submit affirmative and fitting apostils to the Judge to whom the appeal is made.

And he gives this answer to the said accused who make this undue appeal in the form of negative apostils, and commands that they be given to him immediately after the said appeal.

Judge must here take note that, as soon as he has given these fitting apostils to the appellant, he at once ceases to be the Judge in that cause from which the appeal was made, and can proceed no further in it, unless it be referred back to him by our Most Holy Lord the Pope.

And even if, after the appeal has been admitted, and the affirmative apostils have been given, the appellant is accused and denounced to the Judge in respect of other heresies which were not in question in the case from which he appealed, he does not cease to be the Judge, and can proceed with the inquiry and the examination of witnesses as before.

Therefore let him assign to him a term, that is, such a day of such a year, for the giving and receiving from the Judge such apostils as he shall have decided to submit.

And during the assigned interval the Judge shall diligently examine the copy of the appeal, and the reasons or objections upon which it is based, and shall consult with learned lawyers whether he shall submit negative apostils, that is, negative answers, and thereby disallow the appeal, or whether he shall allow the appeal and submit affirmative and fitting apostils to the Judge to whom the appeal is made.

And when the appointed time for the appellant has arrived, if the Judge has not prepared his apostils or answers, or in some other way is not ready, the appellant can at once demand that his appeal be heard, and may continue to do so on each successive day up to the thirtieth, which is the last day legally allowed for the submission of the apostils.