4 May 1803

Evidence

Pre-exhibited

The cause in which a piece of pre-exhibited evidence now proposed to be exhibited has been /was/ exhibited on the /a/ former occasion is either the same cause or a different one: and if a different one, either between the same parties or different parties.

Concerning evidence exhibited in the same cause and thence between the same parties the question generally has been /is/ whether it shall be received /admitted/ or no: concerning evidence exhibited in a different cause, between different parties, sometimes whether it shall be received, sometimes whether it shall be conclusive: concerning evidence exhibited in a different cause between the same parties, whether it shall be conclusive.

When the case that of a different cause, between the same parties, the subject matter of the question is properly whether the decision given, rather than whether the evidence shall be conclusive.