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<head>1826. <del><sic>Sept< | <head>1826. <del><sic>Sept<hi rend="superscript">r</hi>.</sic></del> <sic>Oct.</sic> 1<lb/>Procedure Code</head> <p><note><sic>Ch.</sic> Initiative Applications</note><lb/>(4 <note>§ Reiteration of suits, none</note></p> <p><note>12<lb/>In case of parties<lb/>death post obituary<lb/>representatives may<lb/>not have knowledge<lb/>of former suit</note></p> <p><sic>Art.</sic> It may be that after the decease <add>or incapacitation</add> of him who<lb/>was pursuer or defendant in the former suit, discovery of<lb/>fresh material evidence may have been made or <sic>alledged</sic><lb/>to have been made by the <add>a</add> post obituary or other representative<lb/>of the party in that former case. In this case<lb/><add>it may naturally happen</add> the knowledge of what passed on the occasion of the former suit<lb/>is not so perfect and adequate on the part of the representative,<lb/>as it would have been on the part of the principal<lb/>and in particular what may have place <add>happen</add> is that though<lb/><unclear>the spare</unclear> examples <add>as well as the evidence of <unclear>cause</unclear></add> had been obtained by the principal,<lb/>neither <add>of</add> the one nor the other is the existence known to the<lb/>representative.</p> <p><note>13<lb/>For the ascertaining<lb/>the fact Judge will<lb/>address to other Judicatories<lb/>an <hi rend="underline">information requesting<lb/>address</hi></note></p> <p><sic>Art.</sic> For the ascertaining the fact of <del>the</del> existence<lb/>of such <unclear>anterior</unclear> suit, the Judge will in case of doubt, address<lb/>himself by an appropriate instrument — <hi rend="underline">an information requesting<lb/>address</hi> to any such Judicatory or Judicatories<lb/>as the occasion shall have suggested to him as liable to<lb/>possess the information needed.</p> | ||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Ready_For_Review}} |
1826. Septr. Oct. 1
Procedure Code
Ch. Initiative Applications
(4 § Reiteration of suits, none
12
In case of parties
death post obituary
representatives may
not have knowledge
of former suit
Art. It may be that after the decease or incapacitation of him who
was pursuer or defendant in the former suit, discovery of
fresh material evidence may have been made or alledged
to have been made by the a post obituary or other representative
of the party in that former case. In this case
it may naturally happen the knowledge of what passed on the occasion of the former suit
is not so perfect and adequate on the part of the representative,
as it would have been on the part of the principal
and in particular what may have place happen is that though
the spare examples as well as the evidence of cause had been obtained by the principal,
neither of the one nor the other is the existence known to the
representative.
13
For the ascertaining
the fact Judge will
address to other Judicatories
an information requesting
address
Art. For the ascertaining the fact of the existence
of such anterior suit, the Judge will in case of doubt, address
himself by an appropriate instrument — an information requesting
address to any such Judicatory or Judicatories
as the occasion shall have suggested to him as liable to
possess the information needed.
Identifier: | JB/052/390/001"JB/" can not be assigned to a declared number type with value 52. |
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1826-10-01 |
12-13 |
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052 |
procedure code |
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390 |
procedure code |
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001 |
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text sheet |
1 |
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recto |
e4 |
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jeremy bentham |
j whatman turkey mill 1826 |
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jonathan blenman |
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1826 |
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17063 |
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