JB/058/272/001

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19 May 1805
Evidence

Plff in his preliminary ex partie examination, to be examined
as to the several pleas pleadable in bar by the deft: that if he confesses
any, the deft may be exempt from the vexation of appearance.

In what cases shall the appearance of the defendant be
compellable without the previous appearance and examination of the demandant Plaintiff?

In what cases not without that preliminary security?

The appearance and examination of the complainant is
matter productive of attended with vexation to the complainant with vexation in the
first instance. This is sufficient reason for dispensing with it,
where it can be dispensed with, without preponderant danger
of greater vexation – vexation to the defendant – vexation in the
second instance.

Without some security against afforded by the plaintiff against
undue vexation, the deft ought not to be subjected to the vexation
of appearance. But to examination, whether the deft or the plff
be the person subjected to it vexation is attached:
to the plff, time belonging to the public,
to the Judge.

Where the nature of the case, both as to demand and
title is so plain, as that there can be seems no reason to apprehend
any on the part of the demandant any such misconception
as shall be productive of undue vexation to the defendant,
viz: by exacting a needless attendance on his part, in this
case a formulary may be provided, and to save the time of
the Judge, a subordinate officer being employed to administer the
Oath the signature of this formulary by the demandant may be a
sufficient warrant ground for issuing to the deft a summons to appear at a fixed
day, notified to the demandant at the same time. Examples 1. Assaults. 2.
Defamatory words. 3. Ordinary cases of debt for goods sold & delivered, work
done &c.

Identifier: | JB/058/272/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-05-19	Marginal Summary Numbering	3
Box	058	Main Headings	evidence
Folio number	272	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d1 / e1
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public	[[notes_public::"superseded but consulted[?]"]]	ID Number	18941
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