1 Jan y 1807

Facienda

Outline

Where the abode and thence the forum of the defendant is at such a distance from that of the plaintiff that he does not chose to pay /give his/ attendance there, he has his option between two courses for providing as far as can be provided the effect of first /initial/ meeting coram[?] judice[?], he has his option between two courses: 1. One is by application to his own judge, causing the examination of the Defendant to be taken at the Defendants forum vivâ voce, by that Judge, (with liberty to appoint /appointing or not appointing/ an agent for the purpose of interrogation ex advisio[?] the Judge of the Plffs forum transmitting for that purpose to the Judge of the defendant's forum, a set of interrogations proposed nu the plff and amended if necessary by the Judge: as in England in the system of Ecclesiastical Courts the Judge of one district avail himself in this way /for this purpose/ of the assistance of the judge of another district sub mutuo vicissituduous obliatu[?], as the phrase is: do this for me now, I will do as much for you another time.

In this case correspondent power on the defendant's part, for extracting the testimony of the plaintiff.

In this way in lieu of conjunct hearing and examination in pretence /enter[?] [...?]/, comes the reciprocal material ex parte hearing and examination inter absentis.

In this same way the proofs of extracting testimony in the best shape may be /is capable of being/ carried on as amongst any number of plaintiffs and defendants at a distance.