1
results found in
17 ms
Page 1
of 1
19 April 1805
Evidence
Securities
Ch. Procedure Natural or Summary
''. Assistants necessary
'. Mode 1. Arrangements necessary to be added to those of domestic procedure.
The appearance of parties does not suppose the exclusion of assistants: the weak in mind would be at the mercy of the strong, the [...?] of the knowing, the timid of the bold, the bashful of the impudent /forward/ /overbearing/, the tongue-tied of the loquacious /voluble/.
The assistants may be gratuitous or hired: the admission of one /either/ does not suppose the exclusion of the other: hired, where the importance of the suit, will pay for it /the expense/, where the trouble attached /degree of labour or difficulty attached/ to the service requires payment: where the party is not destitute of /unprovided with/ the means.
The appearance of the parties at the first meeting does not suppose the appearance of both or either, at every /each/ subsequent meeting: as with subsequent meeting, and in both instances, it will be called for or dispensed with, according to the exigency of the case, at the discretion of the Judge.
At the very first meeting, if the Judge does not prevaricate, and that grossly, more grossly than if dishonest /[...?]/ he would/ will easily find it safe to do, such a light /lighter/ will be thrown upon the case /cause/, as will oppose an effectual bar to any considerable quantity of [...?] delay, vexation or expense. At that first meeting each party is urged by his own interest to bring to view so much of the case as is favourable to himself: so that /and then/ between them, every part of the case will be naturally endeavoured to be brought forward as far as may be at that early stage.
Similar Items
-
Title: [18 June 1805 Evidence Introd]Description: 18 June 1805 Evidence Introd Ch. Procedure Technical ''.7. Writing abuse In /To/ /Without/ the abuse of writing we have /may be seen/ the means of bringing about three /essential/ /the suitor could never have been burthened with that prodigious load of expence vexation and delay of which the exhibition of/ instruments of mutual altercation succeeding one another at intervals more or less distinct, in the particular /immediate/ efficient cause. Where an allegation /a mass of allegations/ is committed to writing, and each party is under an obligation or at liberty to answer the mass of allegations exhibited by the other, an interval of time between the exhibition of one such instrument, and the exhibition of another such instrument can not be refused. It could not, even were hired assistants out of the question: much more where the necessity of employing assistants of that description, especially if of different classes /ranks/, one believed another, has been contrived to be created. Under the system, of which vivâ voce examination as well of parties in the presence of each other as of witnesses (extraneous witnesses wherever present) forms an essential /a distinctive/ feature, all such altercations would naturally, and, saving accidental ignorance or oversights, necessarily, come out at once; come out at the first meeting. Before this abuse of writing, whatever allegations, relevant or irrelevant, true or false, came out in the course of the cause, must have been exhibited, by the parties, or, in the accidental case of inability to attend, by their gratuitous proxies: for the assistance /interference/ /agency/ of professional and hired agents /assistants/, not even in the character of assistants, much less in the character of proxies, could there have been any real need felt, or plausible appearance of necessity created. In the presence of the party, even where he is unfortunate enough to be obliged to purchase the treacherous service of a [...?] assistant, the art of making business can never be carried to any extent, approaching to that to which it is carried of course, when that check to professional treachery is removed.
-
Title: [7 May 1805 Evidence Introd]Description: 7 May 1805 Evidence Introd. Ch.12. Procedure Natural ''. Modifications necessary Space and Time receives enlargement almost without stint, where transferred from the private to the public theatre. In many a private family, the ordinary field of action extends not beyond the compass of the human voice: in many a political community it covers /spreads over/ the surface of the whole globe. In a private family, a few minutes or even a few moments will carry /suffice to convey/ the mandates of the superior member to the ears of a subordinate: in a political family months or even years may be more sufficient for the purpose. In a private family to bring the litigant members face to face in the presence of the Judge, is an incident that for its accomplishment requires neither vocation nor expences nor of term any greater portion /[...?]/ than what is included in a few hours, minutes, or even moments. In a political state /family/ in which it may often happen to a co-litigant pair of members to be separated from each other by a space equal to half the circumference of the globe a meeting thus desirable for the purposes of justice may for months or even years not be within the sphere of physical possibility, nor at the end of that term, without a mass of vexation and expence, some thousands of times beyond the value of the right or supposed transgression in dispute. At the same time the meeting which as between the parties themselves is would thus be either impossible or attended with a preponderant load of vexation, expense and delay, may, as between each of the parties and the paid or unpaid agent of the other, be not only possible and practicable but free from any such load. Feature /additional to [...?]/ of domestic procedure to fit it for political purposes. reciprocal ex parte appearance [...?] justice. +
-
Title: [9 April 1804 Evidence Forthcomingness]Description: 9 April 1804 Evidence Forthcomingness Ch. 6. Appearance - Generalia §. 4. Subsequent Appearance §. 4. Demand for extraordinary securities, how influenced by the admission or exclusion of subsequent appearance. In case of a disposition /tendency/ on the part of the witness to evade the service thus due from him to justice, the plans formed by him for the purpose as well as the probability of his actually forming any such plans - of his yielding on this occasion to the force /action/ of the seducing /repelling[?]/ motives, will depend /be governed/ in a very considerable degree noon /be governed by/ the course taken by the law - in relation to /upon the/ the consequences annexed to his non-appearance. If, according to the dictates of common sense and an ordinary regard for justice, the consequence annexed to such non-attendance on a first summons, is an obligation to attend on a second /subsequent/ summons//occasion/, coupled or not coupled with the obligation of making satisfaction for the damage occasioned by the first default - and so lotrics[?] quotiis[?] - in such case whatever be the object proposed by the default in respect of the offence of the cause - whatever be the seducing motives by the force of which the delinquent witness was invited to delinquency - the probability /chance//prospect/ of encompassing the prospect of success would in general be very unpromising. The delinquency remaining subject to the obligation the mischief resulting to himself /drawn down upon his own head/ by his own delinquency would be certain and conclusive the profit looked to from such [...?], with the correspondent mischief to the other parties, would in general be but temporary - not to say momentary - and inconclusive: the mischief /damage/ to himself - the mischief drawn down upon his own head by his own delinquency, would be certain and conclusive:
1
results found.
Page 1
of 1