3 June 1804

Procedure. B1 Evidence

Basis

Fundamental rule - except in the particular cases that will be specially excepted, and by which the arrangement generally proper /practicable and economical[?]/ is rendered either impracticable or preponderently inconvenient, the first step proceeding in every cause, after the preliminary proceedings whatever they may be, [...?] may be necessary to bring above this first step, ought to be the appearance of both parties or say all parties face to face in the presence of the Judge.

Purposes with relation to which this state of things is necessary or conducive.

1. [...?] of procedure, non final.

1. Purposes for which it may be of [ad...ing?] to the plaintiff, that the defendant should then make his appearance.

1. That the Plt[Plaintiff] may cause the defendant to exhibit

1. To be examination in the character of a witness exhibit

has [...eral?] testimony on being examined in the way of vivâ voce examination, in the character of a witness - a course of personal evidence: to acknowledge such facts, tending to [...?] this claim of the plaintiff as the plaintiff might not otherwise have been able to discern[?], or if not all and [...?] additional [...?] [...?] and [...?].

2. To indicate and discover and engage himself for the [...?] [...?] such [...?] of wisdom, personal, real or written, as being in his custody or power, or lying within his knowledge or supposed or real wisdom or, may serve, or tend to serve to [...?] which the classes of the plaintiff.

3. To authenticity[?] by his confession[?] all such sources or written or real evidence of thislike [...?] , by being in the custody[?], however [...?] or supposed of the plaintiff, may on this occasion have been produced or brought to remembrance for this purpose.

4. To make known /[...?] and[...?]/ to the plaintiff all such facts of a tendency favourable to him (the defendant) and thereby consequently unfavourable to the claim of the plaintiff, as he the defendant means to rely on in the character of grounds for respecting the plaintiff's claim: or establishing on his own part any counter claim and by that means to put the plaintiff upon his guard, and give him such notice /information/ as may of [...?] and unanswerable, [...?] to convince him of the [...?] of pursuing his claim any longer - or if controvertible or answerable, propose him for the production of counterevidence, of the facts in question or of ulterior facts, operating with a counter tendency.

5. If his defence in any respect be grounded on some /any/ proposition or propositions relative to the disposition of the law, [...?] in that behalf to bring them to view, that the plaintiff may desist or insist accordingly.