4 June 1804

Procedure. Evidence

Ch. Basis

5. That he the defendant may cause the plaintiff to declare and make known to him, all such other facts, if any, of a tendency favourable to him - the plaintiff, and thereby unfavourable to him the defendant, as he the plaintiff means to rely on in the character of grounds for substantiating his claim[?]: and by that means to put him the defendant upon his guard, and give him such notion[?] and information, as may if uncontrovertible and unanswerable, save to convince him of the inability of maintaining his defence or repugnancy any longer - if controvertible or answerable, perhaps have for the production of counter evidence, viz: in relation to the facts in question, or if or in relation to ulterior facts, operating with a counter-tendency.

6. That if his the defendants defence be grounded in any proposition or propositions relative to the disposition of the law on that behalf, viz: /ex. p[?]/ a proposition asserting that although they /the facts/ were such as the plaintiff contends would not operate in the character of /in favour of the plaintiff/ an investiture[?] [...nt?] enforcing upon him a right to the service to which at the hands of the defendant he lays a claim. He may have the opportunity of bringing them to the view of the plaintiff, and thereby if they be well grounded, causing him to desist from the prosecution of the claim at this early stage or if, upon such first view they appear doubtful to the Judge, he may have the opportunity of fixing in concert with the plaintiff, some certain term for the prosecution of the agreement /debate/.

7. Upon the whole to cause the plaintiff, in the event of his being in the wrong, to receive a decision on the spot, in favour of him the defendant: or in case of non-decision, to cause him to join in the fixation[?] of some other time or times at which the enquiry may be pursued - and finally determined, that so in one way or other, he the defendant, may as soon as possible be acquainted with his fate.