19 May 1805

Procedure

Introd

Ch. Procedure Natural

''. Plff's previous appearance

By this arrangement however all that is secured[?] is the difference or value between the term of the subordinate officer, and that of the Judge. Without the securities in question, the defendant ought not to be subjected to the vexation: and to give this security the plaintiff must go somewhere to apply for the summons, and must speak with somebody: with the subordinate officer, if not with the Judge

Where the nature of the case is such as to fall short of this maximum of simplicity, then it is that it may be proper to require as a condition precedent to the summons or arms[?] of the def t one examination submitted to by the Plaintiff.

If he is examined it is not sufficient that he swear [...?] to his belief of the existence of one [...?] event in his favour, this should be examined as to his knowledge or belief in respect of all the several facts admitted as [...?] facts to his prejudice, - as constituting so many places[?] in bar[?] plaudible[?] by the defendant.