19 May 1805

Evidence Procedure

Introd

Ch. Procedure Natural

''. Plff's previous appearance

 Superseded - but [...?]

The appearance and examination of the complainant is matter /productive/ /[...?] will/ of vexation to the complainant with vexation in the first instance. This is sufficient reason for dispensing with it, where it can be dispensed with, without preponderant danger of greater vexation - vexation to the defendant- vexation in the second instance.

Without some security afforded by the plaintiff against undue vexation, the def t ought not to be subjected to the vexation of appearance. But the[?] examination, whether the def t` or the plff be the person subjected to it vexation is attached: then[?] concerned[?] to the plff, have, belonging to the public concerned[?] to the Judge.

Where the nature of the case, both as to demand[?] and title is so plain, as that there seems no reason to apprehend on the part of the demandant any such reason - suppose as shall be production[?] of [...?] vexation to the defendant, viz: by exacting a needless attendance on his part, in this case a formulary[?] may be provided, and to [...?] the time of the Judge, a subordinate officer being employed to administer the Oath the signature of the formulary by the demandant may be a sufficient warrant /ground/ for issuing to the def t a summons to appear at a fixed day, notified to the demandant at the same time. Examples. 1. Assaults. 2. Defamatory words: 3. Ordinary cases of debt for goods sold & delivered, work done &c.