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1825. Feb.y
Procedure Code Ch. VIII
S.
( ) Notes to Demand Paper B.
( ) [VII Counterevidence, if any] The Pursuer applicant
knows does he he of any evidence, the tendency of which
may, either in his own opinion, or as he believes in
that of a Defendant, be to weaken the opinion supported
by the evidence adduced by himself, as above
If any such counterevidence exists, the earlier the
mention of it is exacted, the better: the better for
the sake of the parties on both sides. By the requisition
thus made of it, the eyes of the Pursuer are thus of
necessity turned to the state of the case as it must
have presented itself to the other sides and by the comprehensive
view thus taken, the ulterior vexation
and expense of the suit may be saved to himself
as well as the whole of it to the Defendant. If,
after of any such counterevidence being thus interrogated, of any such evidence
he omits to furnish indication of it, the omission
will be circumstantial evidence of evil consciousness:
and, in addition to the other evidence, if
not of itself constitute sufficient ground for a dismissal
of his demand: and it may moreover be punishable
in the character of a separate & substantive
offence, to with falshood: mendacious or temeracious
as the case may be
To counterevidence apply, of course, the
same distinctions, as those which, as above, have
place in the case of evidence
The
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