date

19 May 1805 Evidence Procedure
19 May 1805

Evidence Procedure

Introd

Ch. Procedure Natural

''. Plff's previous appearance

 Superseded - but [...?]

The appearance and examination of the complainant is matter /productive/ /[...?] will/ of vexation to the complainant with vexation in the first instance. This is sufficient reason for dispensing with it, where it can be dispensed with, without preponderant danger of greater vexation - vexation to the defendant- vexation in the second instance.

Without some security afforded by the plaintiff against undue vexation, the def t ought not to be subjected to the vexation of appearance. But the[?] examination, whether the def t` or the plff be the person subjected to it vexation is attached: then[?] concerned[?] to the plff, have, belonging to the public concerned[?] to the Judge.

Where the nature of the case, both as to demand[?] and title is so plain, as that there seems no reason to apprehend on the part of the demandant any such reason - suppose as shall be production[?] of [...?] vexation to the defendant, viz: by exacting a needless attendance on his part, in this case a formulary[?] may be provided, and to [...?] the time of the Judge, a subordinate officer being employed to administer the Oath the signature of the formulary by the demandant may be a sufficient warrant /ground/ for issuing to the def t a summons to appear at a fixed day, notified to the demandant at the same time. Examples. 1. Assaults. 2. Defamatory words: 3. Ordinary cases of debt for goods sold & delivered, work done &c.
Similar Items
  • Title: [19 May 1805 Procedure Introd]
    Description: 19 May 1805

    Procedure

    Introd

    Ch. Procedure Natural

    ''. Plff's previous appearance

    By this arrangement however all that is secured[?] is the difference or value between the term of the subordinate officer, and that of the Judge. Without the securities in question, the defendant ought not to be subjected to the vexation: and to give this security the plaintiff must go somewhere to apply for the summons, and must speak with somebody: with the subordinate officer, if not with the Judge

    Where the nature of the case is such as to fall short of this maximum of simplicity, then it is that it may be proper to require as a condition precedent to the summons or arms[?] of the def t one examination submitted to by the Plaintiff.

    If he is examined it is not sufficient that he swear [...?] to his belief of the existence of one [...?] event in his favour, this should be examined as to his knowledge or belief in respect of all the several facts admitted as [...?] facts to his prejudice, - as constituting so many places[?] in bar[?] plaudible[?] by the defendant.
  • Title: [19 April 1805 Evidence Securities]
    Description: 19 April 1805

    Evidence

    Securities

    Ch. Procedure Natural

    ''. Recapitulation

    In some instances /sorts of cases/ it may be proper to abstain from referring a Defendant man so much as to be called upon to appear in the character of a Defendant, until the Plff has presented /undergone/ the test of his sincerity: in these cases the first hearing /stage/ will be an ex parte hearing /hearing/. This accordingly in the course in English law no prosecutions for small penalties before one or more Justices out of Sessions.

    In other instances /sorts of cases/, at the instance of a Plff, and without his having been subjected to the previous test of sincerity, the first hearing may be a reciprocal one: both parties finding themselves at the same times and in the first stage of the cause, (unless the summons directed to the Def and simply appointing the term be regarded as the first stage in the presence of the Judge. this accordingly is the arrangement /course/ adopted /pursued/, in suits for small debts in the English Courts of Conscience.

    In /Under/ this sort of arrangement a man is not in the character of defendant absolutely exempted from all vexation, resulting from /producible by/ mala fide on the part of the Plff, in the first instance: but the /such/ vexation it can not, previously to the application of the check, have proceeded beyond that first stage: and then no source[?] is the Defendant struck upon by the vexation, than there the Plff - the author of it is - to answer and make satisfaction for it.
  • Title: [3 July 1804 Procedure & Evidence]
    Description: 3 July 1804

    Procedure & Evidence

    Ends

    Ch.│ │ Vexation

    '.2. Persons

    As to the classes of persons liable to be subjected to vexation by the operations of procedure, if accidents and contingencies are taken into account they are as various and as extensive as the shapes in which vexation itself is capable of displaying itself /making its appearance/.

    For the present purpose, they may be distinguished in the first place into

    1. Persons /Individuals/ concerned in the suit in hand in different characters.

    2. Third persons /individuals having no natural concern with the suit, but affected by it in one way or other by accident.

    3. The public at large, in its collective capacity

    The persons concerned in the suit will be comprehended under one or other of the following descriptions -

    1. Parties:- Plff and Defendant

    2. Witnesses - viz. extraneous witnesses not being parties

    3. Judges /the Judge/

    4. Subordinate Officers of justice judicial or purely ministerial

    5. Agents: viz: Lawyers of different classes, the professional agents of the parties.