date

6 June 1804 Evidence Ch. Basis
6 June 1804

Evidence

Ch. Basis

On this same occasion, the obligation on each party to act the first /to take the ground/ above assigned to turn, will be constituted by obvious and efficient motives /considerations/: on the plff, by the fear of having subjected himself without return to the vexation and perhaps expence attendant upon this forced meeting, aggravated with /enhanced by/ the expence of the satisfaction necessary to indemnify the defendant for his share of the vexation and expence: in the defendant, by the fear of the like burthen, in addition to that of the obligation corresponding to the service so demanded at his hands.

These matters being urged on both sides, shall the decision be pronounced by the Judge on the spot, or shall it be reserved for ulterior hearings one or more? - Yes or no: according as the cause is or is not ripe for it. What the circumstances are on which its maturity will depend /by which its maturity is capable of being influenced/, will be seen in another chapter.

Meantime thus much may be mentioned already, as one of the practical advantages that would result from the restoration of the original, natural, and only honest and /or/ rational system /plan/ of procedure: the extirpation of that species of licensed /sanctioned/ depredation which in English law goes by the name of Special Pleading: the artificial protraction of the debate by means of written instruments, composed of allegation without evidence, mutually delivered by the professional agents of the parties, at distant intervals, without the cognizance as well as [...?] of the presence of the Judge. But of this also in another place.
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