The central Presbyterian. [volume] (Richmond, Va.) 1856-1908, 1866-10-24
duced, and in perfect readiness; so that
the superior court may be able to con-
slider and issue the case with as little diff
fculty or delay as possible.
SECTION III.
OF APPEALS.

|. An appeal is the removal of cause
already decided, from an inferior to a
superior court, the peculiar effect of
which is to arrest all proceedings under
the decision, until the matter is finally
decided. 1t is allowable only in cases
where judgment has been rendered, and
to the party against whom it has been
rendered.
IL. In cases of judicial process, those
who have not submitted to regular trial
are not entitled to appeal.
III. Any irregularity in the proceed
ings of the inferior court; a refusal of
reasonable indulgence to aparty on trial;
declining to receive important testimony;
hurrying to a decision before the testi-
mony is fully taken; manifestation of
prejudice in the case; and mistake or in
justice in the decision; are all proper
grounds of appeal.
~. Every appellant is bound to give
notice of his intention to appeal, and also
to lay the reasons thereof, in writing, be-
fore the court appealed from, either be-
fore its rising or within ten days thereaf-
ter. If this notice or these reasons be
not given to the court while in session,
they shall be lodged with the moderator
or stated clerk.
Y. Appeals are generally to be carried
in regular graduation from an inferior
court to the one Immediately superior.
VI. The appellant shall lodge his ap-
peal and the reasons of it with the clerk
of the higher court before the close of
the second day of its session; and the
appearance Of the appellant and appellee
shall be either personal or in writing.
VII. In taking up an appeal in Judicial
cases after ascertaining that the appel
liant on his part has conducted it regular
ly, the first step shall be to read the
''record" in the case; the second, to
hear the parties, first the appellant, then
the appellee; thirdly, the roll shall be
called and the final vote taken.
VIII. The decision may be either to
confirm or reverse in whole or in part the
decision of the inferior court, or to remit
the cause for the purpose of mending
the record, should it appear to be incor-
rect or defective; or for new trial.
TX. If an appellant, after entering his
appeal to a superior court, fail to prose-
cute it, it shall be considered as aban-
doned, and the sentence appealed from
shall be final. And an appellant shall be
considered as abandoning his appeal, if
he do not appear before the court ap-
pealed to by the second day of its meet
ing next ensuing the date of his notice
of appeal; except in cases in which the
appellant can make it appear thathe was
prevented from Seasonably prosecuting
his appeal by the providence of God.
X. If an appellant is found to mani
fest litigious or other unchristian spirit
in the prosecution of his appeal, he shall
be censured according to the degree of
his offence.
AI. The necessary operation OF an ap-
peal is to suspend all further proceedings
on the ground of the sentence appealed
from. But if sentence of suspension
or accommodation from church privi-
leges, or of deposition from Office, be the
sentence appealed from, it shall be con-
sidered as in force until the appeal shall
be issued.
XII. If any court shall neglect to
send up the record of the case, especially
if thereby an appellant, who hasprOceed-
ed with regularity on part, is deprived
of the privilege of having his appeal
seasonably issued; such court shall be
censured according to the circumstances
of the case, and the sentence appealed
from shall be suspended until record is
produced, upon which the issue can be
fairly tried.