If an application is made for leave to withdraw a petition, copies of the affidavits in support are to be delivered to him; and he is entitled to be heard and to call evidence in opposition to such application.
An application for leave to withdraw a petition must be supported by affidavits from all the parties to the petition and their solicitors, and by the election agents of all of the parties who were candidates at the election.
On a motion for a new trial on the 10th of November of the same year it was stated that he was furnished with affidavits contradicting the evidence that had been given by Kay and others with respect to the originality of the invention; but the court refused to grant a new trial, on the ground that, whatever might be the fact as to the question of originality, the deficiency in the specification was enough to sustain the verdict, and the cancellation of the patents was ordered a few days afterwards.
" Pro-consuls "are frequently appointed for the purpose of administering oaths, taking affidavits or affirmations, and performing notarial acts under the Commissioners for Oaths Acts 1889.
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