19 April 1805

Evidence

Securities

Ch. Procedure Natural or Summary

''. Assistants necessary

'. Mode 1. Arrangements necessary to be added to those of domestic procedure.

The appearance of parties does not suppose the exclusion of assistants: the weak in mind would be at the mercy of the strong, the [...?] of the knowing, the timid of the bold, the bashful of the impudent /forward/ /overbearing/, the tongue-tied of the loquacious /voluble/.

The assistants may be gratuitous or hired: the admission of one /either/ does not suppose the exclusion of the other: hired, where the importance of the suit, will pay for it /the expense/, where the trouble attached /degree of labour or difficulty attached/ to the service requires payment: where the party is not destitute of /unprovided with/ the means.

The appearance of the parties at the first meeting does not suppose the appearance of both or either, at every /each/ subsequent meeting: as with subsequent meeting, and in both instances, it will be called for or dispensed with, according to the exigency of the case, at the discretion of the Judge.

At the very first meeting, if the Judge does not prevaricate, and that grossly, more grossly than if dishonest /[...?]/ he would/ will easily find it safe to do, such a light /lighter/ will be thrown upon the case /cause/, as will oppose an effectual bar to any considerable quantity of [...?] delay, vexation or expense. At that first meeting each party is urged by his own interest to bring to view so much of the case as is favourable to himself: so that /and then/ between them, every part of the case will be naturally endeavoured to be brought forward as far as may be at that early stage.