date

25 April 1805 Evidence Ends
25 April 1805

Evidence

Ends

Ch.1.

'.3. Introductory Explanations

By the system of procedure I understand the system of legal arrangements by a set of rules prescribing the mode in which the proceedings made to a suit at law shall be conducted /carried on/ by the several sorts of persons concerned /known/, in consequence of the several incidents liable to arise therein: and declaring what on each occasion shall be done in the event as well of compliance, as of every possible mode of non-compliance in regard to each respective rule. /declaring what shall and what shall not be done in consequence of each incident./ A suit of law is either tripartite or bipartite.

A /By a/ tripartite suit at law of which sort are by the greatest number of suits (called on different occasions an action a cause, a prosecution, a demand a legal demand) an enquiry (legal enquiry) an inquest, an inquisition) I understand any such series of proceedings as which takes place in consequence of a demand addressed [...?] by a party called a plaintiff+ to one person or set of persons in the character of a Judge or Judges (say for shortness to a Judge or the Judge) praying him to render to the demandant a sort of service[?] which by the tenor, purport or effect of some article of the substantive branch of the law he is required /is supposed/ in the case in question to render to a person being in the case of the demandant, at the charge of another person who in respect of the liberty reserved to him of disproving /disputing/ the title /right/ of the plaintiff to load /charge/ him with the obligation the imposition of which is necessarily included in the rendering of such service, is termed the defendant

+ Synonyms to the word Plaintiff 1. Complainant 2. Demandant 3. Petitioner [...?] in a penal case 4 Prosecutor 5. Accuser 6. Promovant[?.].
Similar Items
  • Title: [14 July 1804 Procedure and Evidence]
    Description: 14 July 1804

    Procedure and Evidence

    1. wrongful decision against self

    Of the arrangements, in consequence /-----/ of which decisions adverse to the merits may come to be given on points /grounds/ foreign to the merits, some belong to the substantive branch of law, others to the adjective - the system of procedure. It is with the latter that we have any concern at present /The latter alone are in question here/.

    Decisions adverse to the merits on points /grounds/ (say sure(?)) of procedure foreign to the merits, admitt /require/ of a description somewhat different according as the side, to the prejudice of which they operate, is the demandants' or the defendants' side.

    A decision adverse to the demandants side, and at the same time adverse to the ----- on a ground foreign to the merits, supposes a law or rule of law established or assumed to be /considered as/ established, whereby it is ordained that a demandant for /for and in the course of/ some inaccuracy /transgression/, real or ------ , on his part, as on the part of some other person shall lose his cause - in other words that compliance with his demand shall be refused by the judges and this without any persuasion on the part of the judge, ascribing to the rich demandant a want of right: - that accordingly, if the suit be partly penal, punishment shall not be applied to the defendant, although, setting aside the regulation in question, it would or might have been regarded by the judge as due: if the suit be of a mixt kind, that neither punishment shall be applied to the defendant, nor satisfaction at his charge be administered to the demandant, although setting aside the regulation in question as before,
  • Title: [25 April 1805 Evidence Ends]
    Description: 25 April 1805

    Evidence

    Ends

    Ch.1

    ' 2

    '.3 Preparatory

    Explanation

    Of suits that may be called bipartite there are two sorts One is where there is no plaintiff the function of plaintiff or prosecutor is /being/ performed by the Judge: or rather the enquiry being throughout carried on by the Judge of his own motion, and without waiting[?] to be applied to to carry it on at the instance of any person in the character of prosecutor or plaintiff. A suit of this kind is called a Judicial Enquiry. An Inquest - an Inquisition The species /system/ of procedure in so far as it is composed of such carried on in this mode is /has been/ called Inquisitorial procedure: and the defendANT WHERE THERE IS ONE IN MODERN[?] [...?] Inquisitors.(a) The mode of procedure is also called inquisitorial where a Judge /an officer/ or a set of Officers being armed with the requisite portion of judicial authority /power/ carry on of their own motion (i.e. without solicitation by any[?] person in[?] the character of a plaintiff) an enquiry in relation to any matter of fact, whether simple or to any degree of complexity, complex: the enquiry not having for its object the impressing upon any person any sort of obligation in the character of defendant.(a) 4(a) Examples 1. English Law. Proceedings of the Coroner /Coroners Inquest/, with his Jury, sitting on a dead body, to enquire into the cause of the death 2. Proceedings of a Committee of Enquiry appointed by either House of Parliament 3. Proceedings of Commissions of Enquiry, appointed ad hoc /on special occasions/ by [...?] of Parliament

    3(a) Examples. Romans[?] - Gallic Law - Cases in which the Judge proceeds a [...?] [...?] office 2. In Romano-Germanic Law, the whole system of procedure called Inquisitorial, which seems in the penal branch to have not much less employment than its concurrent /the other/, termed the accusatorial. 3. In Romano-Anglican Law.
  • Title: [28 April 1808 §.2. I. Reasons]
    Description: 28 April 1808

    §.2.

    I. Reasons for the Work

    §.2. State Ground of Demand.

    9. To a person making application in the character of demandant (or say plaintiff) no such judicial service can ever be rendered by a Judge, but at the charge of some other person, who, in so far as he either seeks to exempt himself from such burthen, or, is considered as about to be so, becomes subjected to it, is termed a defendant.

    10. On no man ought any burthen to be imposed by a Judge without sufficient reason: i.e. unless to the judicial service by which such burthen would be imposed on the Defendant the demandant has a just right, which he can not have unless his assumed right has a legally sufficient efficient cause.