APPEAL. 
court of session under the review of the house 
of lords. 
It was once warmly disputed, whether the de- 
crees of the session were, before the union of the 
two kingdoms, subject to the review of the par- 
liament of Scotland. On the one hand, instances 
occur in the books of sederunt, soon after the in- 
stitution of the college of justice, of parties pro- 
testing for remedy of law; i.e. of their appealing 
from the sentences of the session to the king and 
parliament. On the other, the court of session 
disallowed this right of appealing ; because their 
sentences are declared to have the like force as 
those of the old court of session, 1537, c. 39; and 
that old court had a power of judging finally, 
without appeal to parliament, 1457, c. 62. When, 
therefore, an appeal was offered to parliament, in 
1674, against a decree of the session, the judges 
ordained the appellant’s counsel to confess or 
| deny, whether they had advised their client to 
| that measure? And upon their declining to an- 
swer, the court, after debarring those advocates 
from the exercise of their offices, applied to the 
privy council, who banished, not them only, but 
all the other advocates who would not declare 
their abhorrence of such appeals, twelve miles 
from Edinburgh: and under this sentence many 
of the most eminent lawyers continued for several 
months, till the court, at the king’s desire, re- 
stored them, upon their disclaiming the right of 
parties to appeal. The convention of estates, 
however, in 1689, c.18, declared that the punish- 
ment of those advocates, without a trial, was a 
grievance; and, by c. 13, they asserted it to be 
the right of every subject to appeal to parliament 
against the decrees of the session. 
Appeals, since the union of the two kingdoms, 
in 1707, lie from the court of session, the court 
of exchequer, and the commission of teinds to the 
house of lords. The form of entering an appeal 
is by presenting, after some preliminary forms 
before the court of session, a petition to the house 
of lords, praying for a warrant of service on the 
party in whose favour judgment was given in 
the court of session. By a rule of the house of 
lords this must be done within two years from 
the date of extracting the decree. The writ of 
appeal being served on the successful party, has 
the effect of staying execution of the sentence 
until the appeal be discussed by the house, or 
passed from by the appellant. Within fourteen 
days from the date of presenting the appeal, the 
appellant, or some responsible person for him, 
must enter into a recognisance to the extent of 
£400, otherwise the appeal falls. Thereafter, 
cases are prepared for the appellant and respon- 
dent, and counsel heard at the bar, when the de- 
cision is either affirmed, reversed, altered, or re- 
mitted back, with special grounds for the con- 
sideration of the court of session. Should any 
further procedure be necessary, a petition may 
be presented to the latter court, requesting the 
judgment may be applied, 
APPETITE. 217 
Appeals also lie from the inferior courts in 
Scotland to the circuit court of the district, in 
such criminal causes as infer neither death nor 
demembration, and in civil causes, where the 
subject in dispute does not exceed £12 sterling. 
These appeals must be lodged with the clerk of 
the inferior court within ten days after pro- 
nouncing the decree appealed from. But no 
appeal lies before a final decree has been pro- 
nounced by the inferior court. In the sheriff- 
courts of Scotland, any judgment of the sheriff- 
substitute, whether interlocutory or final, may 
be appealed to the sheriff-depute within six free 
days after the date of the interlocutor; but no 
reclaiming petition is competent against a judg- 
ment pronounced on appeal. 
Appeals are not competent from the court of 
justiciary, nor from the verdict of a jury. 
APPETITE. A desire to eat, combined or ac- 
companied with an uneasy or painful sensation 
in the stomach. A regular appetite is generally 
indicative of good health; and either a feeble 
appetite or a voracious one is indicative of de- 
rangement of some of the organs or debility of 
the whole constitution. When a horse has a 
feeble appetite, or in common phrase a want. of 
appetite, he eats an insufficient quantity of food, 
mangles his hay or leaves it in the rack, loses 
flesh or at least acquires very little, and dis- 
‘charges pale and habitually soft excrement. The 
relaxed state of constitution, or weakened con- 
dition of the organs of digestion, which is in- 
dicated by these appearances of feeble appetite, 
may either be hereditary, or habitual, or the 
effect of using too much hot meat, or of other 
improper management. A good method of treat- 
ment, when the feebleness of appetite is heredi- 
tary or habitual, is to give him much gentle ex- 
ercise in the open air, to confine him as much as 
possible to a dry diet, to beware of oppressing 
his stomach with large seeds, to indulge him with 
an occasional handful of beans among his oats, | 
and in general to give him light, dry, grateful, 
nourishing food, and a constant and free supply 
of pure air. If he do not speedily improve under 
this treatment, or if he appear to suffer uneasi- || 
ness in his bowels, he ought to receive a few 
gentle purges, followed by aromatic drinks. But 
when the feebleness of appetite is occasioned by 
too much feeding, especially scalded bran or other 
hot diet, the best treatment is to bleed and purge 
the horse, and at the same time to rowel him in 
the belly. When a horse is overfed, or stimulated 
with strong hot food, he is liable first to become 
suddenly fat, next to have overrich or greasy 
secretions in the alimentary ducts, next to suffer 
relaxation and weakness in these organs, and | 
next to acquire squeamishness and intestinal 
worms; and he, in consequence, comes to have 
eminent need of purging, proper exercise, and a 
clean diet. 
When a young horse has a fiery temperament, 
and suffers enfeeblement of appetite from fretting 
