A procedural memorandum
Belot's memorandum of 24 May 1826 was addressed to Monsieur Roget, chief clerk of the Royal Court of Metz. It sets out the writer's understanding of the time allowed after formal service of a judgment for bringing an appeal in cassation.[1]
The timetable stated by Belot
For mainland France, Belot gives a period of three months. He gives six months for Corsica, one year for the western colonies and two years for the eastern colonies. He says that the period begins with formal service and excludes the day of service, the complementary days and the day on which the appeal is brought. He also lists exceptional situations involving sailors, absent public officials, active defenders and territories held by an enemy or insurgents.[1]
Legal setting
The law of 27 November 1790 created the Tribunal de cassation and established the early revolutionary framework for cassation. Belot's memorandum belongs to the later practical administration of that procedure, but its detailed schedule and exceptions must be read as his legal summary rather than as a modern restatement of one fully verified statutory text.[1, 2, 3]
Evidence and limits
The detailed deadlines and exceptions are documented as Belot's statements. The additional authorities cited in the manuscript, including rules associated with 1738, 11 February 1793 and 1 Frimaire Year II, have not all been independently matched to authoritative texts in this review. The context therefore does not certify the memorandum as a complete or current statement of law.[1, 2, 3]
Sources & evidence (3)
- Primary source · manuscript Neruda Archives, NRA-L-000012, digital images and reviewed transcript of Belot's memorandum dated 24 May 1826. View the archive record Supports the addressee, purpose, deadlines, method of counting and listed exceptions.
- Primary source · legislation Loi du 27 novembre 1790 instituant un Tribunal de cassation et réglant sa composition, son organisation et ses attributions. Read the law Confirms the early statutory foundation of the Tribunal de cassation.
- Published primary source Archives parlementaires de 1787 à 1860, series I, vol. 21, text of the law of 27 November 1790. View the published text Provides an independent published transcription of the 1790 law.