058-250.xml

Title: [26 Jan y 1805 Evidence Securities]

Description: 26 Jan y 1805

Evidence

Securities.

Ch. Procedure Natural

''. Mutual Declarations

7. The Defendant, on his part will have it in his power to declare in the first instance, whether he admitts the justice of the Plaintiff's claim, or contests it.

8. If he admitts it, he will declare at or within what time he will engage himself to render the service as admitted to be done: or in case of inability, to confess the inability, and state what hopes he has, if any of being able in any and what degree, term and manner to surmount it; together with the /all/ specific facts which constitute the foundation of those hopes.

9. If he contests the justice of the Plaintiff's claim, he will then have it in his power to state on what grounds whether he disbelieves the truth of any of the Plaintiff's facts the ground of the evidence indicated as above by the Plaintiff himself, or whether he has moreover any counter evidence to oppose to it in relation to the same facts, or whether he disputes /disbelieves/ the applicability of the Plaintiff's law to the Plaintiff's facts, to the purpose of the inference drawn by the Plaintiff in support of his claim, as above.

10. So whether believing or disbelieving all or any of the Plaintiff's facts as above, he [...?] upon some distinct fact, not asked by the Plaintiff, as being, in virtue of this or that article of law, of a nature to put an end to the justice of the Plaintiff's claim, although, but for such counter-fact, the justice of it might have been out of dispute.

In this latter case comes a counter claim, the grounds of which and the sincerity of the Defendant's persuasion in relation to them respectively, will be to be depend to, under the several heads of vexation, above brought to view in relation to the Plaintiff's case.

058-337.xml

Title: [6 April 1805 Evidence Securities]

Description: 6 April 1805

Evidence

Securities

Ch. Procedure Technical

''. Allegation is Evidence

So far as /concerns/ matter of fact is concerned whatever is or can be said by or on behalf of any party litigant, whether as of his own knowledge, or not as of his own knowledge, is still in its nature a mass or lot of evidence: if as of his own knowledge the more ordinary kind of evidence immediate evidence: if not as of his own knowledge, it is still evidence, though belonging to the head of makeshift, say for example Hearsay evidence.

The Plf is a shopkeeper. The defendant he says had goods without paying for them to the value of twenty days labour out of his ship: it is for this that he demands payment It was by the Plff above no other person knowing any thing about the matter that the goods were delivered, and so the Plff says in his allegation says, the evidence thus delivered by the Plff is immediate evidence: if it was by several of the Plff's, the plaintiff not professing to know any thing about the matter but from the report of the servant, the evidence given by the Plff in and by his allegation /the demand[?], whereby he alleges the existence/ of the cause of action, the evidence thus delivered by him is of the nature of makeshift - of Hearsay evidence.

in this case what he can not say and say with truth is that he knows the existence of the fact /is known to him/ of his own knowledge: - what he can say, and mendacity apart can say with truth, is - that the existence of the fact though not known by him of his own knowledge, is believed. If not believing it, he says that he believes it, if without oath, he is a liar: if under oath, a perjurer.

058-248.xml

Title: [26 Jan y 1805 Evidence Securities]

Description: 26 Jan y 1805

Evidence

Securities

Ch. Procedure Natural

''. Mutual Declarations

''. Natural System. Procedure on first meeting. Mutual heads of declaration /Explanations/

So distinct in all its siniorities[?], the course taken, under the influence of this sinister interest by the system of procedure belongs not to the present work. What was here necessary, is here sufficient - the marking /presenting/ out that sinister interest as the original and efficient as /or/ well as final cause of so many phenomena which otherwise would be inexplicable: in particular of the [...?] of arrangements by which the efficacy of the natural system of procedure in respect of the security afforded by it for trust /the trustworthiness of evidence /against non decision or faction of justice on the ground of evidence/ has been weakened to a degree which will be but too apparent.

If /When/, at the commencement of every cause which admitts of such scrutiny[?], that is to say in nine causes out of ten, or nineteen out of twenty, the parties were to meet one another face to face, in the presence of the Judge, the facility which such meeting affords for the [...?] of both [...?] in the character of self serving witnesses, and the mutual cross examination of both in the same character /character of self-[...?] witnesses/ would constitute but a part of the advantage sooner done to justice. To each of them, whether he has happened to be in any such situation as will have enabled him to depose /act/ in the character of a witness, /delivery[?] direct and position testimony/ in relation to any of the facts in dispute, is in most sorts of causes a matter of accident. What is certain is as follows -

1. The Plaintiff will have it in his power to declare /make known/ in the face /presence/ of the Defendant as well as the Judge - what the act is, the performance of which is the [...?] he demands at the defendants hands - what the facts are on which he grounds such his demand, and what the article of law is which in his conception warrants it.

2. What the grounds are on which his persuasion of the truth of such several facts are founded: - his non perception[?] past or present - his own inferences from his own perceptions - the direct testimony of others, expression of the principles of those others - articles of real evidence, expressive of the testimony of things, articles of written evidence, expression of the evidence of persons through the medium of that of things - and so forth