26 Jan y 1805

Evidence

Securities.

Ch. Procedure Natural

''. Mutual Declarations

7. The Defendant, on his part will have it in his power to declare in the first instance, whether he admitts the justice of the Plaintiff's claim, or contests it.

8. If he admitts it, he will declare at or within what time he will engage himself to render the service as admitted to be done: or in case of inability, to confess the inability, and state what hopes he has, if any of being able in any and what degree, term and manner to surmount it; together with the /all/ specific facts which constitute the foundation of those hopes.

9. If he contests the justice of the Plaintiff's claim, he will then have it in his power to state on what grounds whether he disbelieves the truth of any of the Plaintiff's facts the ground of the evidence indicated as above by the Plaintiff himself, or whether he has moreover any counter evidence to oppose to it in relation to the same facts, or whether he disputes /disbelieves/ the applicability of the Plaintiff's law to the Plaintiff's facts, to the purpose of the inference drawn by the Plaintiff in support of his claim, as above.

10. So whether believing or disbelieving all or any of the Plaintiff's facts as above, he [...?] upon some distinct fact, not asked by the Plaintiff, as being, in virtue of this or that article of law, of a nature to put an end to the justice of the Plaintiff's claim, although, but for such counter-fact, the justice of it might have been out of dispute.

In this latter case comes a counter claim, the grounds of which and the sincerity of the Defendant's persuasion in relation to them respectively, will be to be depend to, under the several heads of vexation, above brought to view in relation to the Plaintiff's case.