JB/042/212/001

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1828 Sept 13
Constitutional Code

(12a) Ch 11 Judiciary Collectively
§ 2. Actors
Copd.

Between the sort of business belonging to the Special Pleader
under the Bar and the sort belonging to be Special pleader at the Bar,
no faint line of demarcation has place. On each individual occasion, the
maker for the instrument is taken to be manufactured at the lower priced on
the higher priced manufactory, according as less or more head work is
regarded as necessary to the operation.

Exemplificational.

Art. 20. In the sort of judicatory stated an Equity Court,
superfluous evidence Elecitator in the written form, an Equity Draughtsman;
at the Bar or under the Bar, as also above. But in this case by
whomsoever drawn, necessary to its reception is the signature of a
Draughtsman at the Bar; and when the time comes that Evidence-Elicitator
is aggregated to the list of Argumentators.

Suppose now, what frequently is the case in both judicatories,
the individual demand one and the same, the fact alledged one on one side
denied on the other side one and the same, the evidence by which
support is given to the assertion by the one side, to the denial by the other side,
the same – still between still between the mode of elicitation employed in the Common Law Court and the
mode employed in the Equity Court are as different from one another as they can
easily be conceived to be. At the opening of the suit, evidence, consideration
had of its source, would not by a Common Law be received – evidence of a party –
is required to be elicited. Of this party-witness the station is on the defender's
side: and in the written mode, as above, an assistant of a party whose
station is on the pursuer's side, is employed to elicit it. But, the
statements thus elicited being destined to appear in the character of
evidence professing to be all along consonant to truth, the ceremony
of an Oath with eventual punishment at the back of it, is attached
under the notion of a security against mendacity. Here then would be
as in the case of special pleading a check to quantity: were it not that on
the pursuer's side, mendacity, and that without sting is not merely
tolerated, but absolutely compelled.

To a set of interrogatories the draughtsman is obliged to prefix,
to an extent to which there is no limit, a set of assertions which on
pain of not producing the effect intended by the interrogator, must be
false: for in order to obtain a statement in relation to a state of

Identifier: | JB/042/212/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1		Marginal Summary Numbering
Box	042	Main Headings	constitutional code
Folio number	212	Info in main headings field
Image	001	Titles	exemplificational
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e12a
Penner		Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public	"copd"	ID Number	13135
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