date

19 May 1805 Procedure Introd
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.
Similar Items
  • Title: [19 May 1805 Evidence Procedure]
    Description: 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     Superseded - but [...?]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.
  • Title: [13 Apr. 1805 Evidence Securities]
    Description: 13 Apr. 1805

    Evidence

    Securities

    Ch. Procedure Techn. Eng. Law.

    ''. Oppression licenced

    '' Licence given /sold/ to oppression by English Procedure

    After the defendant has been compelled in law language to appear in English not to appear (for it /he/ would not be suffered but to employ an Attorney, the first step is the Plff's Attorney delivers in (not to the Judge who knows any thing about the matter but to an officer who does no more than receive and keep it) an allegation in writing an instrument called a Declaration. If the defendant on his part (that is /meaning/ his Attorney) denies the matter of fact contained in the allegation, such denial is called pleading the general issue: if, as a ground for the [...?] of the demand contained in the declaration, he alledges declared facts on his part - in other words exhibits counter-allegation or allegations that is called pleading specially or special pleading.

    From the exigency /nature/ of the case or by professional /managerial/ management a conceivable case is that it shall fall to the lot of the plaintiff instead of controverting the defendants fails alledged as above, shall oppose to those other facts: and that this process shall be repeated on both sides any number of times. To the possible number of these reciprocal allegations there is no determinate limit. Taken in the aggregate the art of comprizing them comprises /drawing them up constitutes/ a particular branch of lawyers practice, is denominated Special Pleading, and furnishes occupation /employment/ to a particular class of lawyers called Special Pleaders.
  • Title: [30 Dec 1806 Facienda Outline]
    Description: 30 Dec 1806

    Facienda

    Outline

    4. For the purpose of bringing about of this simultaneous appearance, this can not but be an ex parte application on the part of the Plaintiff: if there be any thing special in the application it is to the Judge or his deputy that he must address himself (always upon Oath). If the nature of his demand be such as to be capable of being expressed by the filling up of a blank form, to serve as a summons for compelling the simultaneous attendance of the defendant, this part of the business may be transacted by a subordinate officer, indeed[?] for instance the Registrar or Clerk: but even here to intitle him to impose upon the defendant the trouble of attendance, he must assert upon oath by the filling up of a blank form his own persuasion of the justice of his demand, and of the necessity of his taking this course in order to obtain the effect of it: and by submitting to a penalty, or by means of some other security, bind himself to appear at the time appointed for the meeting, and whether he appear or fail, to render in case of his not having justice on his side, other satisfaction to the defendant for the vexation and expense if any, attached to the forced attendance.

    5. If it be the wish of the plaintiff to have the attendance of the defendant in Court secured by arrest instead of summons his application must be made to the Judge, who before he grants his warrant for that purpose, must satisfy himself, as well as it is in his power to satisfy himself of the necessity of such infringement upon personal liberty, except in particular cases of necessity which it may be allowable to the plaintiff to employ himself or others in the arrestation of the defendant but upon no other terms than that of conveying him directly /taking him with him/ into the presence of the Judge.

    N.B. In Scotish judicature such examination is a preliminary to arrestation,if not in all civil cases in some. By English Judges, to get Plffs [...?], defendants liberty has for ages been sold for fees, to any body that will buy it -[...?] no questions asked.