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55. That the parties complaining of or defending the election or return complained of in any election petition shall, except in the case herein-before provided for, by themselves or their agents, deliver in to the clerk of the general committee lists of the voters to be objected to, giving in the said lists the several heads of objection, and distinguishing the same against the names of the voters excepted to, not later than 6 o'clock on the 6th day next before the day ap. pointed for choosing the committee to try the petition; and the said clerk shall keep the lists in his office open to the inspection of all parties.

56. That the general committee at the time and place appointed for choosing the committee, shall choose from the panel in service four members, not specially disqualified for being appointed on the committee to try such petition, by reason of having voted at the election, or by reason of being the party on whose behalf the seat is claimed, or related to him or to the sitting member by kindred or affinity in the first or second degree according to the canon law.

57. That if four members then present of the general committee of elections do not agree in choosing a committee to try any election petition the general committee shall adjourn the choosing of that committee, and of the remaining committees appointed to be chosen on the same day, to the following day, and the parties shall be directed to attend on the following day, or if such following day happen during an adjournment of the house, then on the day to which the house stands adjourned, and so from day to day until all such committees are chosen, or until the general committee of elections is dissolved, as herein-before provided; and the general committee shall not in any case proceed to choose a committee to try an election petition until they have chosen a committee to try every other election petition standing higher in the list aforesaid, the order for referring which has not been then discharged, except where the day originally appointed for choosing a committee has been changed under the provision herein-before contained.

58. That on the day appointed by the general committee to choose an election committee the members upon the chairmen's panel shall select one of such members to act as the chairman of such election committee, and when they have been informed by the general committee that four members of such election committee have been chosen they shall communicate the name of the member so selected by them to the general committee; but no member shall be so selected who would be disqualified from serving on such committee if not upon the chairmen's panel: provided always, that if, with reference to any petition for trying which they are about to appoint a chairman, the members of the chairmen's panel receive notice from the Speaker, under the provision herein-before contained, of the death or vacancy of the seat of the sitting member petitioned against in such petition, or that it is not his intention to defend his seat, they shall suspend their proceedings with regard to the appointment of a chairman to try such petition until the day appointed by the general committee of elections for selecting a committee to try such petition.

59. That the members upon the chairmen's panel may make such regulations as they find convenient for securing the appointment or selection of chairman of election committees, and for distributing the duties of chairmen among all of them.

60. That as soon as the general committee of elections has chosen four members to try any election petition, and

has received from the members of the chairmen's panel the name of a chairman to serve, the parties in attendance shall be called in, and the names of the members so chosen and of the chairman shall be read to them.

61. That after hearing the said names the parties present shall be directed to withdraw, and the general committee may proceed to choose another committee to try the next petition appointed for that day, and so on until all the committees appointed to be chosen on that day are chosen, or until the choosing of any committee is adjourned as aforesaid; and after any such adjournment the general committee shall not transact any more business on that day, except with regard to those petitions for trying which committees have been previously chosen.

62. That within half an hour at furthest from the time when the parties to any election petition have withdrawn, or if the parties to any other election petition be then before the general committee of elections, then, after such other parties have withdrawn, the parties in attendance shall be again called before the general committee in the same order in which they were directed to withdraw; and the petitioners and sitting member, or such party as may have been admitted to defend the return or election, or their agents, beginning on the part of the petitioners, may object to all or any of the members chosen, or to the chairman, as being then disqualified or excused for any of the reasons aforesaid from serving on the committee for the trial of that election petition, but not for any other reason.

63. That if at the least four members then present of the general committee be satisfied that any member so objected to is then disqualified or excused for any of the reasous aforesaid, the parties present shall be again directed to withdraw, and the general committee shall proceed to choose from the same panel another committee to try that petition; or if the member to whom any such objection is substantiated be the chairman, they shall send back his name to the members on the chairmen's panel, and the members on the chairmen's panel shall proceed to choose another chairman to try that petition, and shall communicate his name to the general committee, and so as often as the case requires.

64. That in the second or any following committee the general committee may, if they think fit, include any of the members previously chosen by them to whom no objection has been substantiated; and no party shall be allowed to object to any member included in the second or any following committee who was not objected to when included in the committee first chosen.

65. That when four members and a chairman have been chosen, to none of whom any objection has been substantiated, the clerk of the general committee of elections shall give notice in writing to each of the members so chosen ; and with every such notice shall be sent a notice of the grounds of disqualification and excuse from serving, and of the time and place when and where the general committee will meet on the following day; and notice of the time and place of such meeting shall be published with the votes

66. That the general committee shall meet on the following day at the time and place mentioned; and if any such member then and there prove, to the satisfaction of at least four members then present of the general committee, that for any of the reasons aforesaid he is disqualified or excused from serving on the committee for which he has been so chosen, or if any such member prove, to the satisfaction of at least four members then present of the general committee, that there are any circumstances in his case which render him ineligible to serve on such select committee, such circumstances having regard solely to the impartial character of the tribunal, the general committee shall proceed to choose a new committee to try that petition, as if that member had been objected to by any party to the petition; and if within one quarter of an hour after the time mentioned in the notice no member so appear, of if any member so appearing do not prove his disqualification or excuse, to the satisfaction of at least four members then present of the general committee, the select committee shall be taken to be appointed.

67. That at the meeting of the House of Commons for the despatch of business next after any such select committee has been appointed the general committee of elections shall

report to the house the names of the select committee appointed, and shall annex to such report all petitions referred to them by the house which relate to the return or election of which such select committee is appointed to try the merits, and all lists of voters which shall have been delivered to them by either party, and such report shall be published with the votes.

68. That at or before 4 o'clock on the next day on which the house meets for the despatch of business after such report the five members chosen to be the select committee shall attend in their places, and shall before departing the house be sworn at the table by the clerk well and truly to try the matter of the petitions referred to them, and a true judgment to give according to the evidence, and shall be taken to be a select committee legally appointed to try and determine the merits of the return or election so referred to them, and the legality of such appointment shall not be called in question on any ground whatever; and the member so appointed from the chairmen's panel shall be the chairman of such committee; and they shall not depart the house until the time for the meeting of such committee is fixed by the house.

69. That if any member of the said select committee do not attend in his place within one hour after 4 o'clock on the day appointed for swearing the said committee (provided the house sits so long, or if not, then within the like time on the following day of sitting,) or if, after attending, any member depart the house before the said committee is sworn, unless the committee be discharged, or the swearing of the said committee be adjourned, he shall be ordered to be taken into the custody of the serjeant at arms for such neglect of his duty, and shall be punished or censured, at the discretion of the house, unless it appear, by fact specially stated, and verified upon oath, that such member was by a sudden accident or by necessity prevented from attending.

70. That if any such absent member be not brought into the house within three hours after 4 o'clock on the day first appointed for swearing the said committee (provided the house sits so long, or if not, then within the like time on the following day of sitting,) and if no sufficient cause be shown whereon the house dispenses with the attendance of such absent member, the swearing of the committee shall be adjourned to the next meeting of the house: and all the members of the said committee shall be bound to attend in their places, for the purpose of being sworn, on the day of the next meeting of the house, in like manner as on the day first appointed for that purpose.

71. That if on the day to which the swearing of the said committee is so adjourned all the members of the committee do not attend, and be sworn, within one hour after 4 o'clock (provided the house sits so long, or if not, then within the like time of the following day of sitting,) or if on the day first appointed for swearing the said committee sufficient cause be shown to the house before its rising why the attendance of any member of the committee should be dispensed with, the said committee shall be taken to be discharged; and the general committee shall meet on the following day, or if such following day happen during an adjournment of the house, then on the day to which the house stands adjourned, and shall proceed to choose a new committee from the panel on service for the time being, in the manner hereinbefore provided, and notice of such meeting shall be published with the votes.

72. That the house shall refer the petitions and lists annexed to the report of the general committee of elections to the select committee so appointed and sworn, and shall order the said select committee to meet at a certain time, within 24 hours of their being sworn at the table of the house, unless a Sunday, Christmas day, or Good Friday, intervene ; and the place of their meeting shall be some convenient room or place adjacent to the House of Commons.

more than 24 hours, exclusive of such Sunday, Christmas day, or Good Friday, without leave from the house, upon motion, and special cause assigned; and if the house be sitting at the time to which such select committee is adjourned, then the business of the house shall be stayed, and a motion shall be made for a further adjournment for any time to be fixed by the house: provided that if such select committee have occasion to apply or report to the house, and the house be then adjourned for more than 24 hours, such select committee may also adjourn to the day appointed for the meeting of the house.

74. That no evidence shall be given before the select committee, or before any commission issued by such committee, against the validity of any vote not included in one of the lists of voters delivered to the general committee, or upon ány head of objection to any voter included in any such list other than one of the heads specified against him in such list. 73. That no member of any such select committee shall absent himself from the same without leave from the house, or an excuse allowed by the house at the next sitting thereof, for the cause of sickness, verified upon the oath of his medi cal attendant, or for other special cause shown upon cath, and in every such case the member to whom such leave is granted or excuse allowed shall be discharged from attend. ing, and shall not be entitled again to sit or vote on such committee and such select committee shall never sit until all the members to whom such leave has not been granted, nor excuse allowed, are met; and in case all such members do not meet within an hour after the time appointed for the first meeting of such committee, or within an hour after the time to which such committee has been adjourned, a further adjournment shall be made, and reported to the house by their chairman, with the cause thereof.

76. That every member whose absence without leave or excuse is so reported shall be directed to attend the house at its next sitting, and shall then be ordered to be taken into the custody of the serjeant at arms, and shall be punished or censured, at the discretion of the house, unless it appear, by facts stated, and verified upon oath, that such member was by a sudden accident or by necessity prevented from attending the said select committee.

77. That an election committee shall not be dissolved by reason of the death or necessary absence of one or two members thereof only, but the remaining members shall thenceforward constitute the committee; and if there ever be occasion for electing a new chairman on the death or necessary absence of the chairman, the remaining members of the committee shall elect one of themselves to be chairman, and if in that election there be an equal number of voices the member whose name stands foremost in the list of the committee as reported to the house shall have a casting vote.

78. That if the number of members able to attend any such select committee be, by death or otherwise, reduced to less than three, and so continue for the space of three days, such select committee shall be dissolved (except in the case herein-after provided,) and another shall be appointed to try the petition referred to such committee; and the general committee and members of the chairmen's panel shall meet for that purpose as soon as conveniently may be after the occasion arises, at a day and hour to be appointed by the general committee, and notice of such meeting shall be published with the votes; and all the proceedings of such former committee shall be void and of no effect: provided, that if all the parties before the committee consent, the two remaining members of the committee, or the sole remaining member if only one, shall continue to act, and shall thenceforward constitute the committee.

79. That whenever any such select committee thinks it necessary to deliberate among themselves upon any question arising in the course of the trial, or upon the determination thereof, or upon any resolution concerning the matter of the petition referred to them, as soon as they have heard the evidence and counsel on both sides relative thereto, the room where they sit shall be cleared, if they think proper, whilst the members of the committee consider thereof.

73. That every such select committee shall meet at the time and place appointed for that purpose, and shall proceed to try the merits of the election petition so referred to them, and they shall sit from day to day, Sunday, Christmas day, and Good Friday only excepted, and shall never adjourn 80. That all questions before the committee, if for the for a longer time than 24 hours, unless a Sunday, Christ-time being consisting of more than one member, shall be mas day, or Good Friday intervene, and in such case not decided by a majority of voices; and whenever the voices

are equal the chairman shall have a casting voice; and no member of the committee shall be allowed to refrain from voting on any question on which the committee is divided. 81. That whenever the select committee is divided upon any question, the names of the members voting in the affirmative and in the negative shall be entered in the minutes of the said committee, and shall be reported to the house, with the questions on which such divisions arose, at the same time with the final report of the committee.

82. That every such committee shall be attended by a short-hand writer, appointed by the clerk of the House of Commons, and sworn by the chairman truly to take down the evidence, and from day to day, as occasion requires, to write or cause the same to be written in words at length. 83. That every such select committee may send for persons, papers, and records, and may examine any person who has subscribed the petition which such select committee are appointed to try, unless it otherwise appear to such committee that such person is an interested witness, and they shall examine all the witnesses who come before them upon oath, which oath the clerk attending such select committee may administer; and if any person summoned by such select committee, or by the warrant of the Speaker, (which warrants the Speaker may issue as he thinks fit,) disobey such summons, or if any witness before such select committee give false evidence or prevaricate, or otherwise misbehave in giving or refusing to give evidence, the chairman of such select committee, may at any time during the course of their proceedings report the same to the house for the interposition of the authority or censure of the house, and may, by a warrant under his hand directed to the serjeant at arms, or to his deputy or deputies, commit such person (not being a peer of the realm or lord of parliament) to the custody of the said serjeant, without bail or mainprize, for any time not exceeding 24 hours, if the house be then sitting, and if not, then for a time not exceeding 24 hours after the hour o which the house stands adjourned.

84. That where in this act anything is required to be verified on oath to the House of Commons, the clerk of the House of Commons may administer an oath for that purpose, or an affidavit for such purpose may be sworn before any justice of the peace or master of the high Court of Chancery. 85. That every person who wilfully gives false evidence before the House of Commons, or before any election committee, or before the examiner of recognizances or taxing officer of the House of Commons, under the provisions of this act, or who wilfully swears falsely in any affidavit shall, on conviction thereof, be liable to the penalties of wilful and corrupt perjury.

so prorogued; and such committee shall meet on the day and hour to which it is so adjourned, and shall thenceforward continue to sit from day to day, until they have reported to the house their determination on the merits of such petition. 89. That whenever any committee appointed to try an election petition reports to the house that such petition was frivolous or vexatious, the parties, (if any,) who have appeared before the committee in opposition to such petition, shall be entitled to recover from the persons, or any of them who signed such petition, the full costs and expenses which such parties have incurred in opposing the same, such costs and expenses to be ascertained in the manner herein-after directed.

90. That whenever such committee reports to the house that the opposition made to any such petition by any party appearing before them was frivolous or vexatious, the persons who signed such petition shall be entitled to recover from the party with respect to whom such report is made the full costs and expenses which such petitioners have incurred, such costs and expenses to be ascertained in the manner herein-after directed.

91. That whenever no party has appeared before any such committee in opposition to such petition, and such committee reports to the house that the election or return, or the omission or insufficiency of a return complained of in such petition, was vexatious or corrupt, the persons who signed such petition shall be entitled to recover from the sitting members (if any) whose election or return is complained of in such petition (such sitting members not having given notice of their intention not to defend the same,) or from any other persons admitted by the house to oppose such petition, the full costs and expenses incurred in prosecuting the petition, such costs and expenses to be ascertained in the manner herein-after directed.

92. That if any ground of objection be stated against any voter in any list of voters intended to be objected to, and if such select committee be of opinion that such objection was frivolous or vexatious, they shall report the same to the House of Commons, together with the other matters relating to the said petition, and the opposite party shall in such case be entitled to recover from the party on whose behalf any such objections were made the full costs and expenses incurred by reason of such frivolous or vexatious objections, such costs and expenses to be ascertained in the manner herein-after directed.

93. That if either party make before the said select.committee any specific allegation with regard to the conduct of the other party or his agent, and either bring no evidence, or such evidence that the committee is of opinion that such allegation was made without any reasonable or probable

ment, by ihe party making such unfounded allegation, to the other party, of all costs and expenses incurred by reason of such unfounded allegation, such costs and expenses to be ascertained in the manner herein-after directed.

86. That every such select committee shall try the merits of the return or election complained of in the election peti-ground, the committee may make such orders for the pay. tion referred to them, and shall determine by a majority of voices, whether the sitting members or either of them, or any and what other person, were duly returned or elected, or whether the election be void, or whether a new writ ought to issue, which determination shall be final between the parties; and the house, on being informed thereof, shall order such report to be entered in their journals, and shall give directions for confirming or altering the return, or for ordering a return to be made, or for issuing a writ for a new election, or for carrying the said determination into execution.

87. That if any such select committee come to any resolution other than the determination above mentioned, they shall, if they think proper, report the same to the house, and the house may confirm or disagree with such resolution, and make such orders thereon as to them seems proper.

88. That if the parliament be prorogued after the appointment of any select committee for the trial of any election petition, and before they have reported their determination thereon, such committee shall not be dissolved by such prorogation, but shall be thereby adjourned till 12 o'clock on the day immediately following that on which parliament meets again for the despatch of business (Sunday, Good Friday, and Christmas day, always excepted;) and all proceedings of such committee and of any commission to take evidence issued under the authority of such committee shall be of the same force and effect as if parliament had not been

94. That the costs and expenses adjudged by any such select committee to be paid, or which otherwise may become payable, under the provisions of this act or the said recited act of the 8th Vic., to any party prosecuting or opposing or preparing to oppose any election petition, or to any witness summoned to attend before any committee, under the provisions of this or the said recited act, shall be ascertained in manner following; (that is to say,) on application made to the Speaker of the House of Commons by any petitioner, party, or witness, for ascertaining such costs and expenses, not later than three calendar months after the determination of the merits of such petition, or after any order of the house for discharging the order of reference of such petition, to the general committee of elections, or after the withdrawal of any petition as herein-before provided, the Speaker shall direct the same to be taxed by the examiner of recognizancs or by the taxing officer of the House of Commons; and the said examiner or taxing officer shall examine and tax such costs and expenses, and shall report the amount thereof, together with the name of the party liable to pay the same, and the name of the party entitled to receive the same, to the Speaker, who shall, upon application made to him, deliver to the party a certificate, signed by himself, expressing the

amount of the costs and expenses allowed in such report, with the name of the party liable to pay the same, and the name of the party entitled to receive the same; and such certificate so signed by the Speaker shall be conclusive evidence for all purposes whatever as well of the amount of the demand as of the title of the party therein named to recover the same from the party therein stated to be liable to the payment thereof; and the party claiming under the same shall, upon payment thereof, give a receipt at the foot of such certificate, which shall be a sufficient discharge for the

same.

95. That the examiner of recognizances or the said taxing

Court of Exchequer in Ireland, or to one of the judges of
the court of session discharging for the time the powers and
duties of the Court of Exchequer in Scotland, as the case
may require, and in every such case such delivery or trans-
mission of such recognizance shall have the same effect as if
the same were estreated from a court of law, and the validity
of such certificate (the handwriting of the Speaker thereunto
being duly verified) shall not be called in question in the said
court.
(To be continued.)

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costs or expenses, and any witnesses tendered to him for examination, and may receive affidavits sworn before him, or before any master of the high Court of Chancery, or any justice of the peace, relative to such costs or expenses.

96. That the party entitled to such taxed costs and expenses, or his or her executors or administrators, may demand

the whole amount, so certified, from any one or more of the persons liable to the payment thereof, and in case of nonpayment thereof, on demand, may recover the same by action

containing all the Reported Cases in this Country and in England with an Appendix, containing the Act 9 & 10 Vic. c. 64, with Forms of Affidavits, Rules, Orders, and the Record on a Feigned Issue. By Jos BLACKHAM, Esq., Barrister-at-Law.

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minster or Dublin or in the court of session in Scotland, in which action it shall be sufficient for the plaintiff to declare that the defendant is indebted to him in the sum mentioned in the said certificate; and the said plaintiff shall, upon filing the said declaration, together with the said certificate

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of law; provided that the validity of such certificate (the handwriting of the Speaker thereunto being duly verified) shall not be called in question in any court.

97. That in every case any person from whom the amount

of such costs and expenses have been so recovered may recover in like manner from the other persons, or any of them (if such there be) who are liable to the payment of the same costs and expenses, a proportionate share thereof, according to the extent of the liability of each person.

98. That if any person having subscribed an election pe

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of the 8th Vict., neglect or refuse, for the space of seven days after demand, to pay to any witness summoned on his behalf before any committee under the provisions of this or the said act the sum so certified by the Speaker, under the authority of this or the said act, to be due to such witness,

or if such petitioner neglect or refuse, for the space of six months after demand, to pay to any party opposing the said petition the sum so certified by the Speaker to be due to such party for his costs and expenses, and if such neglect or refusal be, within one year after the granting of such certificate, proved to the Speaker's satisfaction, by affidavit sworn before any master of the high Court of Chancery (and such master is hereby authorized to administer such oath, and is authorized and required to certify such affidavit under his hand,) in every such case every person who has entered into a recognizance relating to such petition under the provisions of this or the said recited act shall be held to have made default in his said recognizance, and the Speaker of the House of Commons shall thereupon certify such recognizance into the Court of Exchequer in England if the person who entered into such recognizance reside in England, or into the Court of Exchequer in Ireland if such person reside in Ireland, or into the Court of Exchequer in Scotland if such person reside in Scotland, and shall also certify that such person has made default therein, and such certificate shall be conclusive evidence of the validity of such recognizance and of such default; and the recognizance, being so certified, if the person who entered into such recognizance reside in England, shall be delivered by the clerk or one of the clerks assistant of the House of Commons into the hands of the Lord Chief Baron or one of the barons of the Court of Exchequer in England, or of some officer appointed by the court to receive the same, or if such person reside in Ireland or Scotland shall be transmitted through the post, in manner herein-after mentioned, to the Chief Baron of the

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Erish Jurist

No. 27.-VOL. I.

MAY 5, 1849.

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DUBLIN, MAY 5, 1849.

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ration. But however much or little the interests of the legal professions may be concerned, the consideration of them is utterly unimportant, when compared with the effect that may be produced upon the country.

ON Thursday, the 26th of April, Lord John Russell introduced his plan for an amended Poor Law. With the experience of the Incumbered Estates On the same night, the Solicitor-general for Eng-Act of last session before our eyes-our predictions land an amended Encumbered Estates bill, also a of its failure now admitted on all hands-we may bill for conversion of leases for lives renewable for be excused for pausing before we come to a conever into fee-farms; and intimated that it was the clusion as to the likelihood of the new measure intention of government next session to introduce having a very extended operation. a measure with respect to judgments—the effect of which will be, we apprehend, to repeal portions of the 3 & 4 Vic. c. 105, and make judgments no longer a charge upon land. He hinted also that it was in contemplation to improve the system of registration in this country.

Important measures all. Last year we were so inured to revolutions in the political world, that there is now no amount of legal revolution that we cannot contemplate with fortitude, if not with calmness. And are we not tried? We are threatened with the extinction of three-fourths of the business of the Court of Chancery, and with it the annihilation of our own.

We do not, however, acquiesce in these gloomy anticipations. Moments of depression may arrive in the legal as in the mercantile world; but, if our profession be necessary and useful to the public, we shall survive these periods of distress.

At the moment we write, when the hands of the Court of Chancery are full, we believe there never was a time when the scale of remuneration was less. The terms on which our leading men do business here, would amaze our brethren in Lon don; and with the return of prosperity, oh quando dies veniet, will return a different class of business. It is a mistake to suppose that the distress of the country is beneficial to lawyers, and equally a mistake that the Courts of Equity will fall into disuse if the country prosper ;—it is, in point of fact, then that they come into most active and beneficial ope

It was judicious in the extreme of the Premier to let it follow as a supplementary statement of the poor law; for except the dread of indefinite poor law pressure be removed, there will be no purchasers. The certainty of the rate never exceeding a certain limit-if there were no rate in aid, a sub

ject still left in the dark-will give to the new mea-
sure a chance of success, which its cumbrous pre-
decessor had not, and a good harvest would give it
a greater one. It will be conceded, that for the
operations of barter, buyers are essential, and they
have been much more wanted than legislation. We
do not depreciate the effect of the latter, but the
former is indispensable; and however sound legis-
lation may invite the buyer, his zest for the bargain
will be contingent on the quality of the article for
sale. We anticipate more benefit from a sound
system of poor laws, than from a temporary Com-
mission. When we take away the glare and glitter
of novelty, we shall find this Government Commis-
sion will be little more than the Court of Chancery,
going, if it goes at all, a little quicker. The chief
utility which we anticipate, as its lasting result, will
be that it will be found it is possible to abridge the
time now consumed by solicitors, and a precedent
for celerity may be established.
We earnestly
hope that safety may not be sacrificed to speed.
The chief proposed excellence of the bill is the
gift of a parliamentary title.
We know that to
the public generally, and, no doubt justly, an inde-
feasible title on a skin of parchment presents a

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