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1<hi rend="superscript">st</hi> suit was terminated</note><lb/>
1<hi rend="superscript">st</hi> suit was terminated</note><lb/>


 
<p>Art.  If the evidence thus adduced its <gap/><lb/>
be that if counter evidence in relation to the in <hi rend="underline">principal</hi><lb/>
decided upon on the occasion of the former suit, the Judge<lb/>
will use his discretion as to the <del>forming his judgement</del><lb/>
<del>on the suit</del> taking for the ground of hia his decision <add>in addition</add> <del>the evidence</del><lb/>
<add>to the fresh body of evidence, the evidence</add> elicited on the occasion of the former suit, as exhibited<lb/>
in the Record, or 2. reckoning the evidence elicited<lb/>
in that former occasion; or 3 after eliciting the fresh<lb/>
evidence referring the Applicant to the Judicature in<lb/>
which the suit received its termination in the former instance</p>


<note>7<lb/>
<note>7<lb/>
Line 25: Line 34:
elicited on first suit<lb/>
elicited on first suit<lb/>
a copy will of course<lb/>
a copy will of course<lb/>
be in applicant possession</note><lb/>
be in applicants possession</note>
 
<p>Art. In case of his determining to employ<lb/>
the evidence elicited in the former suit an example<lb/>
of it will of course, unless mislaid, lost or carefully<lb/>
destroyed be already in the <del><gap/></del> possession or power of<lb/>
the Applicant.</p>


<note>8<lb/>
<note>8<lb/>
With this view of<lb/>
With this view of<lb/>
eight exemptors made<lb/>
eight exemplars made<lb/>
one given to each party</note><lb/>
one given to each party</note><lb/>


 
<p>Art. In contemplation of this contingency<lb/>
if <del>such exempt</del> the str<gap/>te of such exemplars eight in number<lb/>
as are capable of being in equal perfection taken at<lb/>
once be not exhausted by other more certainly needful<lb/>
demands, than may be a <gap/> in furnishing the party<lb/>
or parties on both sides with an additional exemplars<lb/>
respectively, in contemplation of the contingency thus<lb/>
brought to view</p>


<note>9<lb/>
<note>9<lb/>
Applicant in case of<lb/>
Applicant in case of<lb/>
need may request of<lb/>
need may request of<lb/>
Judge as for exemptors</note><lb/>
Judge a <unclear>spare</unclear> exemplar</note><lb/>


<p>Art. It may be that, <add>by</add> a party in whom<lb/>
the favour, though as far as the mass of evidence actually produced<lb/>
in sufficient grounds, the suit received its termination, expectation<lb/>
of <del>a <gap/></del> being able at some future time to exhibit a piece of <lb/>
evidence not at that time in his possession, power, or even knowledge <add>may</add> <note>be entertained. In <del><gap/></del><lb/>
such case, it will rest<lb/>
with him to request of<lb/>
the Judge, for this purpose<lb/>
a spare exemplar, and<lb/>
with the Judge to grant or refuse it, according to circumstances, as above.</note></p>


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Latest revision as of 17:56, 20 October 2023

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1826. Septr. Oct 1

Procedure Constitutional Code. Ch Iniative Applications
S. Reiteration of such

6
Judges option as to
1 deciding on the evidence
elicited in the 1st suit as recorded
2 reiterating that evidence
3 referring the applicant
to the Judicature where the
1st suit was terminated

Art. If the evidence thus adduced its
be that if counter evidence in relation to the in principal
decided upon on the occasion of the former suit, the Judge
will use his discretion as to the forming his judgement
on the suit taking for the ground of hia his decision in addition the evidence
to the fresh body of evidence, the evidence elicited on the occasion of the former suit, as exhibited
in the Record, or 2. reckoning the evidence elicited
in that former occasion; or 3 after eliciting the fresh
evidence referring the Applicant to the Judicature in
which the suit received its termination in the former instance

7
If he determines on
deciding on evidence
elicited on first suit
a copy will of course
be in applicants possession

Art. In case of his determining to employ
the evidence elicited in the former suit an example
of it will of course, unless mislaid, lost or carefully
destroyed be already in the possession or power of
the Applicant.

8
With this view of
eight exemplars made
one given to each party

Art. In contemplation of this contingency
if such exempt the strte of such exemplars eight in number
as are capable of being in equal perfection taken at
once be not exhausted by other more certainly needful
demands, than may be a in furnishing the party
or parties on both sides with an additional exemplars
respectively, in contemplation of the contingency thus
brought to view

9
Applicant in case of
need may request of
Judge a spare exemplar

Art. It may be that, by a party in whom
the favour, though as far as the mass of evidence actually produced
in sufficient grounds, the suit received its termination, expectation
of a being able at some future time to exhibit a piece of
evidence not at that time in his possession, power, or even knowledge may be entertained. In
such case, it will rest
with him to request of
the Judge, for this purpose
a spare exemplar, and
with the Judge to grant or refuse it, according to circumstances, as above.



Identifier: | JB/052/388/001"JB/" can not be assigned to a declared number type with value 52.

Date_1

1826-10-01

Marginal Summary Numbering

6-9

Box

052

Main Headings

procedure code

Folio number

388

Info in main headings field

procedure code

Image

001

Titles

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

e2

Penner

jeremy bentham

Watermarks

Marginals

george bentham

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

17061

Box Contents

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