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Judge of assize may on trial of appeal state case for opinion of Superior Court of Common Law.
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35. It shall be lawful for any judge of assize, upon the trial of any appeal, to direct a special case to be stated for the opinion of a Superior Court of Common Law in Ireland, in case any question of law shall arise before him on the trial of any appeal which in his judgment may be proper to be decided by a Superior Court of Common Law; and the case when stated shall be signed by the judge, and the appellant shall lodge the case, and take all other necessary steps to have the case set down for hearing before one of the said Superior Courts of Common Law, within such time as any general rule to be made as herein-after provided shall require; and in default of his so doing the decree shall stand affirmed with costs, unless on special application the judge shall otherwise order.
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