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3Court to take into consideration matters contained in affidavit notwithstanding non-appearance of counsel in support.

Whenever any such affidavit has been filed as aforesaid, the Court shall, before making the rule absolute against the justice or justices, or otherwise determining the matter so as to overrule or set aside the acts or decisions of the justice or justices to which the application relates, take into consideration the matters set forth in such affidavit, notwithstanding that no counsel appear on behalf of the said justices.