date

16 July 1804 Procedure & Evidence
16 July 1804

Procedure & Evidence

Evils causes

ch 5th Order

' 2. Delay

4. Arrangements importing refusal on the part of the judge, to take the leading step in the natural mode /course/ of enquiry: viz: when both parties are forthcoming, securing their personal attendance in his presence and in the presence of each other, in the first instance: particular cases excepted, in which personal attendance is rendered impracticable by distance, or by the advantage gained in respect of accordance of wrongful decision, delay, expence and vexation for want of personal attendance would not be equal to the evils of vexation and expence by personal attendance.

4. Arrangements importing refusal, on the part of the judge, to act as such, till almost the conclusion of the cause - to compel or so much as admitt the apparition /attendance/ of the parties in his presence, and in the presence of each other, at the commencement.

5. In the case of arrest, consignment of the party arrested - not into the presence and power of the judge, but into the power of another sort of Officer (the sheriff) who although the reason for detention should be found wanting, has no power to liberate.

6. Arrangements in consequence of which the reciprocal counter-allegations exhibited by the parties, are committed in the first instance to writing in the first, and instance each, each set in a separate instrument, the several instruments succeeding one another, at distant intervals, of days, weeks, or months, without the cognizance of the judge, instead of being exhibited viva voce, all together on the same day, in his presence.

7. Those allegations received without the sanction of an oath, or other check on mendacity, than costs of suit, and that not in all cases: however the power of delay put into the hands of a mala fide suitor, as often as the benefit of delay is regarded as worth purchasing at this price.
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