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19 April 1805
Evidence
Securities
Ch. Procedure Natural or Summary
''. Assistants necessary
Whichever party if either comes provided with any gratuitous assistant, the same desirable object will on that side have the same interest to promote it: for though in this cause the assistant in this has an equal interest in the event of the cause, he has the same interest in the dispatch of it.
As surely /clearly/ as it is the interest of the party and his gratuitous assistant to expedite the decision, as clearly is it that of the hired assistant to help it back as much as possible. But the Judge, being well approved of that interest /to whom that sinister interest is no secret/, will find by no less difficulty in frustrating any dangers[?] to which it may have given birth. Should the Judge be disposed to find in this his duty, the party prejudiced by such failure, will not, if possessed of a certain degree of intelligence, fail to perceive it. In his default, the like observation may present itself even to a bystander: and since neither in the instance of any [...?] party or bystander can the degree of intelligence be measured beforehand by the Judge, he will not generally speaking find it either easy or safe to belong to any learned friend the interest of the unlearned suitor to any learned friend.
A paper of advice to suitors, to put them upon their guard against the contrivances /[...?]/ which upon every favourable opening /opportunity/ would of course be played off upon as those in their view by their professional assistants, would be a proper supplement to any /every established/ system of Procedure that should really have for its object the ends of justice: and whatever particle of advice was thus given /addressed/under the name of advice to suitors, would in effect be a warning, a [...?] and a check to Attorneys, to Advocats, and to Judges. On all hands, success to dishonesty being hopeless, honesty would come of course.
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Title: [19 April 1805 Evidence Securities]Description: 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.
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Title: [18 May 1805 Evidence Introd]Description: 18 May 1805 Evidence Introd Ch.8 Collat. Incident. 3. Delay '.1. Sources Note (a) (a) To these may be subjoined in the order of statement /description/, though prior in the order of existence, certain /[...?]/ extra-judicial operation, which though not performed in the course of a suit are in many cases not the less necessary to be performed on the occasion and in contemplation of and for the purpose of it. These are /Of these/ To [...?] head belong - may be referred description are I 1.2.3.4. Operations to be performed with reference to the question of law - When /If/ the question turns on statute law, reference to the clause in the statute, if in[?], comparison of the statutes [...?] [...?] /confrontation of statute with statute of clause with clause: if in/ in case of jurisprudential law, reference to the authorities, confrontation of authority with authority; if statutory and jurisprudential law together, combination of the two sets of operations, as above. double double toil and trouble. If the party has law assistants, conferences consultation and correspondences with those assistants, consultation conferences and correspondences of these assistants, one with another II. Operations to be performed with reference o the question fact: - 5 Searching 1. Search for sources of evidence, oral, real, or written. 1 In the case of oral, previous extra-judicial Examination of the witnesses: 2. previous [...?] up /framing/ memorandum of heads of examination for that purpose - 3 inspection and examination of dead /inanimate/ evidence, real or written - 4 confronting and methodizing the body /mass/ of evidence when obtained /thus obtained/: 5 statement of the case for ulterior advice if thought necessary, on the questions whether to proceed and how to proceed: 6 consultations and correspondences between party and assistant, between assistant and assistant as before. As to examination /previous extra judicial examination/, whether in this stage of the business a witness will submitt to the operation depends upon his own good will. But the operations here in question are not those only that are sure to be performed on the occasion of every suit, /cause,/ but all such as are liable to be performed in any cause. By details /specification/ the list of these processes might be indefinitely swelled. What is above may serve at any rate to fix conception, and furnished? observation a ground on which to attach itself.
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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.
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