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1829. May 14. ++
Petitions
3
12
Dispatch Court.
§.19. Subsequential &c
§ 5. Procedure.
☞ Decr 18. Confront
this with the Bill
8
Elicitation epistotarily
The Epistolary made of elicitation — shall it be included
in the experiment? Answer. Before the experiment
is at an end, and the Judicatory either perpetuated or
suffered to expire, yes. Not however at the outset. Reason,
the extra delay which would thus be necessitated.
If however Exception. If in this or that suit, it might be is found capable of
being employed without production of any such extra delay: yes:
for then would will the reason cease. as for Example, the
individual is confined by infirmity, or resident in Scotland,
Ireland or France, and the Solicitor making makes himself
responsible for the timely effectuation of the required intercourse.
9
Authentication in
foreign country
On this occasion, sent for authentication
might be to any such foreign country the document
in question (suppose a receipt for money,) to receive
the authenticating signature of some individual, to
whom the hand-writing is known: the hand-writing of
such authentication — the hand-writing by which the authentication is performed — to be itself authenticated by some
public functionary, at that time resident in that same
country; say a Secretary of Legation, a Consul, or Vice
Consul; subjects of England these: or, a Notary public,
or a Maine: subjects of France for example, these.
10
Document provisorily
allowed without
authentication
But, without any such authentication,
the document might it not be allowed provisionally
to prove itself, (as deeds of a certain degree of antiquity
are regularly admitted to do,) the party exhibitant
declaring making affirmation of his belief in the authenticity of it, this to be conclusive, unless
by the party against whom the deed will operate,
an eventually punishable affirmation is taken a counter affirmation is made, declaratory
of a belief that the hand-writing has been
the subject matter of a forgery: on this as on all other
occasions, eventual punishment: punishment, in case of mendacity in
a certain degree, in case of temerity in some inferior
degree, variable at the discretion of the Judge,
according
Identifier: | JB/081/162/001 "JB/" can not be assigned to a declared number type with value 81.
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1829-05-14 |
8-10 |
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081 |
petition for justice |
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162 |
petitions |
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copy/fair copy sheet |
1 |
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recto |
c3 / e12 / f45 |
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john flowerdew colls |
1828 |
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1828 |
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25949 |
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