01/09/1948

OF CRIMINAL APPEAL (INFERIOR)

HARDING WILLIAM

THE POLICE vs JOSEPH J. SCOREY

N/A

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N/A

EXHIBITS - RULE GOVERNING THEIR PRODUCTION

Summary proceedings the rule regarding the exhibit of documents, as well as the practice, is, whenever a document is exhibited, either to make a mention of the fact of the document being attached to the writ of summons, and or to enter on the document itself, through the clerk of the Court, a recordof its production. However, if this rule and practice is not followed, this omission does not leadto the consequence that the document has not been properly exhibited, and that consequently it is to be considered as totally non-existent. The production and identity of the document may be provedby other means, provided the Court is satisfied that such a proof has been made, and also that no wrong has been occasioned to the defendent by this omission. In such a case, the plea of the irregularity of production of the document and of its non-existence, cannot be upheld.