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386 BOOK FORTY-NINEILODGING O F A N APPEAL 4 MACER, Appeals, book 1: The petition of a person who is prevented from pursuing his action because he claims that he has sent a written statement to the emperor and is awaiting an imperial rescript, is forbidden to be heard; and if on this account he appeals, the imperial constitutions forbid his [appeal] being received. 5 ULPIAN, Appeals, book 4: It is sufficientif a person whose appeal is not accepted can [simply] say that his appeal has not been accepted;and whatever cause he shows for this, his appeal shall be admitted. 1. But when an appeal has not been accepted, if indeed it is the emperor who should have been appealed to, then a petition must be made to him; but if some person other than the emperor was the appellate authority, he will be the person who should be approached. 2. Again, if anything else took place by way of hindrance after the appeal was accepted, an approach should be made to the person to whom the appeal lies. 3. It is clear that if, after failure to accept an appeal, [the appellant] approaches the emperor rather than the person whom he should have approached, he will be treated just as if he had approached the correct person; and this is stated in the rescripts of our Emperor Antoninus. 4. It is clear that if he approaches one person other than the emperor instead of another, this error will avail him nothing although he is not regarded as having dropped [the appeal]. 5. A person whose appeal has not been accepted must approach either a competentjudge or the emperor within the appointed periods for appeal. 6 MACER, Appeals, book 2: You must know that it is laid down in the imperial constitutions that when an appeal is not accepted, all matters remain in the same state [asbefore] and nothing new is done, even if the appeal was against the imperial treasury. It is laid down in the [imperial] mandates that [the appellate authority]who doesnot accept an appeal must forthwith make clear in a report his view and the reason why he did not accept the appeal, and he must issue a copy of this to the litigant. 7 PAUL,Appeals, sole book: If the matter does not admit of delay, an appeal is not permitted to prevent, for example, the openingof a will (aswas laid down by the deified Hadrian), the making of a contract for grain for military use, or for the provision of the corn supply, or the entry of a testamentary heir into possession. 1. Again, if something is laid down by the praetor's edict, it is not permissible to appeal so as to prevent its being carried out. 2. Again, an appeal cannot be made to prevent the sale of a pledge. LETTERS OF REPORT WHICH ARE KNOWN AS APOSTOLI 1 MARCIAN, Appeals, book 2: After the lodging of the appeal, [thejudge] from whom the appeal is made must send letters to the person who is to hear the appeal, whether the emperor or someone else; these letters are called letters of report or [libelli] apostoli. 1. The tenor of the letters is as follows: for example, that Lucius Titius has appealed from the judgment of [Gaius]which was given between him and Seius. 2. However, it is enough for [the appellant] to have sought, urgently and on more than one occasion, [the issue of] letters of report within the time allowed; so that even if he fails to obtain them, this fact itself may serve as evidence; for the [imperial] constitutions require urgency of a person seeking letters of report. It is therefore fair that if it was the fault of the person who should have issued the letters that he did not do so, this should not prejudice the appellant. NOTHING NEW IS TO BE DONE ONCE THE APPEAL HAS BEENLODGED 1 ULPIAN, Appeals, book 4: Once an appeal is lodged, whether it was accepted or not, nothing new should be done in the meantime;this is because the appeal has now been accepted, if it has, or, if it has not been accepted, in order to avoid any prejudice to the consideration of whether the appeal should be accepted or not. 1. Once the alipeal has been accepted, however, nothing new may be done until a decision has been pronounced on the appeal. 2. If then anyone happens to...


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