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Defence of Matter subsequent to last Pleading, how to be pleaded.
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LXXIII. In Cases in which a Plea Puis darrein continuance has heretofore been pleadable in Banco or at Nisi Prius, the same Defence may be pleaded with an Allegation that the Matter arose after the last Pleading, and such Defence may, when necessary, be pleaded at Nisi Prius; but no such Defence shall be allowed unless accompanied by an Affidavit stating that the Matter thereof arose within Eight Days next before the pleading of such Defence, unless the Court or a Judge shall otherwise order.
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