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Panopticon Bill Settlement
absolute may be made made to have effect from the time when the same was originally
made, as aforesaid
54
- or on the production of an existing
paper omitted to be produced
Art.54. So likewise where to the forming of a legal ground for a judgment or order
to a certain effect the production of a certain paper is necessary and through error or
inadvertence neither such paper nor any paper reporting to be a copy thereof is forthcoming,
the Court may be in like manner give a conditional judgment or order to become
absolute on such contingency as aforesaid.
55
- insuring by examination or affidavit the bonâ fides of the
party indulged
Art.55. Provided that in every such case the Court shall take all such means
as are in its power and shall appear to be requisite for satisfying itself of the bona fides of the party in whose behalf any such indulgence is prayed: and that as well by examining
vivâ voce any such parties or Agents as happen to be present, as by prescribing
the form of an affidavit or affidavits to be subsequently taken by any such as are absent,
and specifying the act of taking any such affidavit among the condition on which the
benefit of such conditional judgment or order is made to depend.
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proceedings under this Act
not removable by Certiorari
No proceeding under this Act shall be removed into the Court of
King's Bench by Certiorari
Art.57. And whereas in divers doubts have been entertained
whether in the deposition of witnesses either in the way of affidavit or vivâ voce any
declaration of mere belief or any declaration short of a positive assertion or declaration of
absolute knowledge ought to be received as also whether if such declaration of mere belief
were to be received any person could be convicted of perjury on account of the same
And whereas nevertheless the most positive and unqualified declaration or
assertion in relation to any matter of fact can not on the part of him who declares
or asserts any thing more than his single belief in relation to the same
And whereas an assertion that a certain man knows a fact to be true is
nevertheless nothing more than an assertion of the truth of such fact coupled
with an assertion of the belief or persuasion of such man touching the same And
whereas whatever is called knowledge is accordingly nothing more than a higher
degree of belief And whereas the degrees of belief may be as innumerable as
the degrees of probablity to which they correspond And whereas it never hath Certiorari been or can be ascertained at what degree knowledge begins and mere belief ends
And whereas absolute knowledge corresponding to absolute certainty, as contradistinguished
Identifier: | JB/119/296/003 "JB/" can not be assigned to a declared number type with value 119.
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49-56 |
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119 |
panopticon |
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296 |
panopticon bill |
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003 |
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copy/fair copy sheet |
4 |
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recto |
d33 / d34 / d35 / d36 |
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39807 |
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