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1826. Septr. Oct 1
Procedure Constitutional Code.
Ch Iniative Applications
S. Reiteration of such
6
Judges option as to
1 deciding on the evidence
elicited in the 1st suit as recorded
2 reiterating that evidence
3 referring the applicant
to the Judicature where the
1st suit was terminated
Art. If the evidence thus adduced its
be that if counter evidence in relation to the in principal
decided upon on the occasion of the former suit, the Judge
will use his discretion as to the forming his judgement
on the suit taking for the ground of hia his decision in addition the evidence
to the fresh body of evidence, the evidence elicited on the occasion of the former suit, as exhibited
in the Record, or 2. reckoning the evidence elicited
in that former occasion; or 3 after eliciting the fresh
evidence referring the Applicant to the Judicature in
which the suit received its termination in the former instance
7
If he determines on
deciding on evidence
elicited on first suit
a copy will of course
be in applicants possession
Art. In case of his determining to employ
the evidence elicited in the former suit an example
of it will of course, unless mislaid, lost or carefully
destroyed be already in the possession or power of
the Applicant.
8
With this view of
eight exemplars made
one given to each party
Art. In contemplation of this contingency
if such exempt the strte of such exemplars eight in number
as are capable of being in equal perfection taken at
once be not exhausted by other more certainly needful
demands, than may be a in furnishing the party
or parties on both sides with an additional exemplars
respectively, in contemplation of the contingency thus
brought to view
9
Applicant in case of
need may request of
Judge a spare exemplar
Art. It may be that, by a party in whom
the favour, though as far as the mass of evidence actually produced
in sufficient grounds, the suit received its termination, expectation
of a being able at some future time to exhibit a piece of
evidence not at that time in his possession, power, or even knowledge may be entertained. In
such case, it will rest
with him to request of
the Judge, for this purpose
a spare exemplar, and
with the Judge to grant or refuse it, according to circumstances, as above.
Identifier: | JB/052/388/001 "JB/" can not be assigned to a declared number type with value 52.
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