JB/034/255/001

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1823. Octr. 29
Constitutional Code – Procedure.

§. Evidence discovered after ultimate decrees – how far producible

Art. In relation to any matter of fact what may
sometimes happen is – that after a suit instituted and terminated,
evidence transpires by which had it been received in
time, decrees opposite to those by which the suit has been was
terminated has been is brought to light. In such cases the
proper judicatory to apply to Judicatory in which the suit had been so terminated.
But in such a case exceptions excepted, the Judge will
not at grant and appoint a fresh recapitulatory quasi trial examination
unless upon examination of the party applying he is satisfied
that of the existence of the fresh evidence in question no knowledge was
the party had not antecedently to the utterance of the
termination definitive decrees in question any knowledge.

Art. Exceptions are as follows

1. Where though at the time in question he did not either tender
make extraction or cause the require the extraction of the evidence
in question, he gave indication of the existence of it:
the non-production of it having for its cause the
conception of the adequacy of the mass of evidence actually
adduced coupled with the desire of avoiding
the all delay, vexation and expence inseparable
from the production of it coupled with the persuasion of the
non-necessity of it as above.

Art 2. Where antecedently to the termination of
the suit as above, the existence of a certain article of
evidence was material to the corroboration of the
article of newly discovered evidence was known, but the newly discovered
evidence itself not being known, the
and importance materiality of it not being could not be known, the reason
for giving indication of it had not at that time place.

Identifier: | JB/034/255/001 "JB/" can not be assigned to a declared number type with value 34.
Date_1	1823-10-29	Marginal Summary Numbering
Box	034	Main Headings	constitutional code; procedure code
Folio number	255	Info in main headings field	constitutional code - procedure
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1 / e1
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1822
Marginals		Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1822
Notes public		ID Number	10529
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