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Dec r 1806
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Resolution 5
Pleading
As to the drift of this Resolution, so far as I can hope to reach it by conjecture, what it aims at /expresses/, or rather the [...?] it hints at, is, by way of a preference[?] to English Juries, the introduction of English Pleading. If so, I fear or rather I hope, it stands [...?] to remain for som etime longer in the limbos of infant and abortive projects.
Was not this the aim, (which however to a certainty it could not have been on the original enactment in 1787) to what end [...?] to force a defendant into a distinct admittance or denial of the plaintiffs alledged facts. Whatever is not denied may it not safely be taken for confession? Is not this the conclusion drawn naturally and of course? does it require an express regulation to authorise and require the drawing of it?
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