date

28 April 1804 Evidence Forthcomingness
28 April 1804

Evidence

Forthcomingness

Ch.2. Means Courts

Ch.2. Means of ensuring forthcomingness.

1.[?] Courts with appropriate powers and observation.

What ever may be the means provided /afforded/ by the law for the obtainment and presentation of evidence, the degree of effort with which they are capable of being applied, will depend upon the powers possessed by and obligations encumbent upon the Court of judicature by or by the authority of which they are to be applied. What concerns the general constitution of this department of government is a subject /[...?]/ /the powers which should be given to it in its several branches - the obligations that should be attached to these powers constitutes a field of enquiry/ by far too extensive to be included within the limits of the present division or any other division of the present work. But among the leading features of it there are a few /three/ the mention of which can not be here admitted altogether, since it is upon these that the possibility of accomplishing the ends in view in any tolerable degree of perfection depends for its existence. These are

1. Sessions Uninteruptedness /uninterrupted/ of the /session/ sitting of the Court.

2. Judgement Seal ambulatory.

3. Powers investigational: i.e. competent /adequate/ to the following up a chain[?] of indicative evidence: by receiving evidence adequate to the receiving of evidence in the character of simply indicative evidence evidence of all sorts, fit or not fit to enter into the composition of the mass of ultimate evidence.
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    Ch.2. Means Courts

    §.4. Investigational

    III. Third and last of the leading features /powers and obligations/ of competency in the organisation of a Court of Justice considered as applied /employed/ in the collection of evidence investigational powers: - powers adapted to the following up a chain of evidence: tracing out evidence fit to be received in the character of ultimate evidence, by means either of evidence of the same kind, or of evidence not fit to be received in any other character than that of indicative evidence: not if it to be employed for any other purpose. But this subject by the extent and importance of it claims a chapter to itself. +

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  • Title: [[...?] [...?] 1804 Evidence]
    Description: [...?] [...?] 1804

    Evidence

    Forthcomingness

    Ch. Investigatorial

    §.1. Investigation quid

    Ch. Of Investigatorial Procedure and Investigatorial Tribunals /Courts of Enquiry/

    By procedure ad investogadum or investigatorial procedure I understand any system or mode of procedure, considered as applied to the discovery of one lot of evidence through the medium of another: in other words one link in a chain of evidence (a) through the medium of another: in other words of following up a thread of evidence in examining a lot of evidence not in the character of a lot of a lot of evidence for the ultimate hearing /ultimate evidence/ - evidence for grounding a decision on the subject of the cause - but in the character of evidence of evidence /a lot of indicative evidence/. In a word it consists in the examination of evidence in the character of indicative evidence.

    Evidence fit for ultimate evidence, will not, it is plain, be on that account the less fit to be heard or received in the character of a lot o indicative evidence. But it may frequently happen, that a lot of evidence, plainly unfit to serve in the character of ultimate evidence shall be as fit as any other to serve in the character of indicative evidence. (b)

    Suppose In a case in which all the evidence which the transaction furnishes to be /is/ already known to both parties, there exists no demand for procedure of the investigational cast, as above described. For distinctions sake, procedure in this case may be termed procedure testibus cognitis, or rather to include real and written evidence, probationibus cognitis.

    (a) Note a Ch [...?] [...?] of a chain of evidence

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  • Title: [28 April 1804 Evidence Forthcomingness]
    Description: 28 April 1804

    Evidence

    Forthcomingness

    Ch.2. Means Courts

    §.3. Ambulatory

    The superiority of reported real evidence to immediate real evidence, if collected in secret as above or even in private will be more particularly manifest, in a case where for taking a correct and intelligent view of the object in question, appropriate scientific knowledge /information/ is required. suppose it a case of housebreaking; for /to the/ judging whether an entry had been made in the ordinary way, or by force and fracture, a Judge would in general be as well qualified /competent/ as an architect or any other man. suppose that on the other hand a non-penal cause between landlord and outgoing tenant - a demand for summary satisfaction on the score of delapidations. Going to the spot by himself, a Judge would be utterly at a loss what sum to award. Sitting quietly in the Courthouse, he would hear Architects on each side, or an Architect appointed on both sides, and his decision would rest on the best grounds the nature of the case admitted of /competent and unexceptional grounds/.

    As to written evidence, it can scarcely happen to it to present any sufficient /adequate/ demand for a step thus deviating from the ordinary course. An inscription upon a building or a tomb stone, yes: in regard to written documents of the ordinary kind physical incapacity of being removed can never take place /be realized/; & in case of inconvenience transcripts may in general come in lieu of the original to every practical purpose.