25 April 1805

Evidence

Ends

Ch.1.

'.3. Introductory Explanations

By the system of procedure I understand the system of legal arrangements by a set of rules prescribing the mode in which the proceedings made to a suit at law shall be conducted /carried on/ by the several sorts of persons concerned /known/, in consequence of the several incidents liable to arise therein: and declaring what on each occasion shall be done in the event as well of compliance, as of every possible mode of non-compliance in regard to each respective rule. /declaring what shall and what shall not be done in consequence of each incident./ A suit of law is either tripartite or bipartite.

A /By a/ tripartite suit at law of which sort are by the greatest number of suits (called on different occasions an action a cause, a prosecution, a demand a legal demand) an enquiry (legal enquiry) an inquest, an inquisition) I understand any such series of proceedings as which takes place in consequence of a demand addressed [...?] by a party called a plaintiff+ to one person or set of persons in the character of a Judge or Judges (say for shortness to a Judge or the Judge) praying him to render to the demandant a sort of service[?] which by the tenor, purport or effect of some article of the substantive branch of the law he is required /is supposed/ in the case in question to render to a person being in the case of the demandant, at the charge of another person who in respect of the liberty reserved to him of disproving /disputing/ the title /right/ of the plaintiff to load /charge/ him with the obligation the imposition of which is necessarily included in the rendering of such service, is termed the defendant

+ Synonyms to the word Plaintiff 1. Complainant 2. Demandant 3. Petitioner [...?] in a penal case 4 Prosecutor 5. Accuser 6. Promovant[?.].