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15
Panopticon Bill.Settlement.
18
But if not satisfied therewith
may engage the parties to join
in a trial with the benefit of
1. Vivâ voce evidence from all
parts of England
2. Failing that, further
examinations
3. proper admissions and
permissions
4. production of papers on oath
Art. 18. Provided always that if by reason of any contrariety or
deficiency or obscurity in the said written evidence it should appear to the Court that
the truth of the facts does not appear with sufficient certainty to warrant a decision,
the said Court may on consulting with the parties engage them to consent to a trial
by Jury or otherwise with the benefit of vivâ voce examination and cross examination,
and if need be confrontation of all witnesses, as also to join in the choice of such
tribunal as in consideration of the abodes of the parties and of the different intended
witnesses will be upon the whole productive of least burthen and most conducive to
the ends of justice: as also to join in all such admissions & permissions as shall
appear consistent with truth & conducive to mutual convenience and in the unreserved
production of all material papers on both sides upon Oath: and in the receiving as good
evidence the examination (if duly taken before a Magistrate) of any witness whose personal
attendance can not conveniently be procured: and the said Court shall make an order
accordingly, stating upon the face thereof as explicitly as may be the reasons whereon the
same is grounded: and shall cause to be minuted down and annexed thereto every incident
that it shall deem material and for the minuting down of which application shall have been
made on behalf of either of the parties and may enforce compliance with such order either
by giving judgment against any party refusing to comply therewith, or by any apportionment
which the said Court may think fit to make of the costs, and that either by the
naming of a sum certain or in way of proportion with respect to the whole: and a
Subpoena issued in his Majesty's name from any such Sessions to a Witness living out
of the jurisdiction of the same, shall have like force as if issued out of the Court of
King's Bench.
19
Appeal to the King's Bench—
Art. 19. From such as aforesaid appeal may be to the Court of King's
Bench: which said Court shall thereupon take such Order as it shall deem most
conducive to the furtherance of Justice.
20
If in the course of the evidence
asecond place of settlement appears,
proceedings to be between the two places—
Art. . Provided that if in the course of any such subsidiary examination
as aforesaid reason shall appear for supposing that the Settlement of the person
in question, if not in the Parish charged by the original Order of Adjudication as
aforesaid is in some other determinate Place, the Parish originally charged shall
remain charged as against the Governor, and the subsequent proceedings shall be
not as between such Parish and the Governor but as between the Parish originally
charged and such subsequently apparent Parish: and shall mutatis mutandis be carried
on between such first and second Parishes in like manner as the same shall
or might have been carried on between such first Parish and the Governor under this Act.
Art 21
Identifier: | JB/119/291/003 "JB/" can not be assigned to a declared number type with value 119.
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13-20 |
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119 |
panopticon |
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291 |
panopticon bill |
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003 |
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copy/fair copy sheet |
4 |
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recto |
d13 / d14 / d15 / d16 |
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39802 |
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