13 Apr. 1805

Evidence

Securities

Ch. Procedure Techn. Eng. Law.

''. Oppression licenced

'' Licence given /sold/ to oppression by English Procedure

After the defendant has been compelled in law language to appear in English not to appear (for it /he/ would not be suffered but to employ an Attorney, the first step is the Plff's Attorney delivers in (not to the Judge who knows any thing about the matter but to an officer who does no more than receive and keep it) an allegation in writing an instrument called a Declaration. If the defendant on his part (that is /meaning/ his Attorney) denies the matter of fact contained in the allegation, such denial is called pleading the general issue: if, as a ground for the [...?] of the demand contained in the declaration, he alledges declared facts on his part - in other words exhibits counter-allegation or allegations that is called pleading specially or special pleading.

From the exigency /nature/ of the case or by professional /managerial/ management a conceivable case is that it shall fall to the lot of the plaintiff instead of controverting the defendants fails alledged as above, shall oppose to those other facts: and that this process shall be repeated on both sides any number of times. To the possible number of these reciprocal allegations there is no determinate limit. Taken in the aggregate the art of comprizing them comprises /drawing them up constitutes/ a particular branch of lawyers practice, is denominated Special Pleading, and furnishes occupation /employment/ to a particular class of lawyers called Special Pleaders.