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although such addresses should have come into
the hands of the persons respectively concerned such persons
their hands may might in divers instances either might colle of themselves or through sinister
advice be disposed to take advantage of any want
of propriety in the direction of any such address
for the purpose of dissembling their having received
the same and thereby cause trouble vexation and damage
to the Governor or any other person concerned
in interest in their acknowledging and admitting
the fact of such receipt, by putting him in to the proof of
that which being true and known to be so ought
in good conscience to be admitted or by his inability
to procure such proof subject him to the either to
the loss of a ready as favour just cause or at any rate to unjust
for unjust and heavy charges, Be it enacted Accordingly For the
obviating of such inconvenience as much as may
that according to the
be Be it enacted as follows, viz:
For the purpose of any notice to be given under
this Act, every letter which shall in the usual
manner have been put into the Post (to wit either the
General or the Penury Post) shall primâ facie be deemed presumed
to have been received according to the usual course of
the Post: and that by the person by whom for the purpose
of such notice as was thereby intended to be given
it ought to be received, to wit in as far as either
from the direction or in case of error therein from the contents any reasonable
ground for such presumption can be declared: and such
presumption shall be conclusive, unless and untill the
party person by whom such letter is supposed so presumed to have been received
as aforesaid shall upon oath deny the receipt thereof: the
form of which affidavit oath if by affidavit may be prescribed
by the adverse party under the direction of the Court
and for the purpose of such presumption the fact of the
putting in such the letter as aforesaid shall be sufficiently
proved by the oath if the party or his Agent declaring vivâ voce, upon the hearing, his belief touching the same together with the
circumstances on which such belief is grounded: although the such his declaration should not in respect to such fact
amount to more than hearsay evidence.
Identifier: | JB/124/167/002 "JB/" can not be assigned to a declared number type with value 124.
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1 |
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124 |
panopticon |
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167 |
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002 |
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text sheet |
2 |
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recto |
d3 / d4 |
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jeremy bentham |
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41856 |
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