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Power for the Court or Judge to direct the Facts to be found specially.
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XXIV. And be it further enacted, That the said Court or Judge shall and may, if they or he think fit, in all such Cases of Variance, instead of causing the Record or Document to be amended as aforesaid, direct the Jury to find the Fact or Facts according to the Evidence, and thereupon such Finding shall be stated on such Record or Document, and, notwithstanding the Finding on the Issue joined, the said Court or the Court from which the Record has issued shall, if they shall think the said Variance immaterial to the Merits of the Case, and the Mis-statement such as could not have prejudiced the opposite Party in the Conduct of the Action or Defence, give Judgment according to the very Right and Justice of the Case.
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