date

April 1804 Evidence Forthcomingness
April 1804

Evidence

Forthcomingness

Ch.2. Means Courts

Feature 1. Sittings uninterrupted.

1. First as to the uninterruptedness of the sittings of the court.

That in a Court of original and general jurisdiction no internal of inaction /incapacity for action should take place, isa topic that has been /will be/ fully handled elsewhere + /of a vacuum/ Not a day scarce an hour can take place without a certainty of collateral injustice, in the shape of vexation and delay - without a danger of direct injustice: of failure of justice or undue decision - and that for this very cause there in question, want of evidence. Evidence,in some instances may be had at any time: in others, it presents itself only for a moment only, and if not taken /arrested/ at that moment, it is gone for ever. This truth /consideration/ this important truth will be brought more particularly to view in the two succeeding chapters. +

+ Rationale of Procedure

+ Ch 6 Investigational

Ch 9 Appearance Extraord y
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    §.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: [28 April 1804 Evidence Forthcomingness]
    Description: 28 April 1804

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    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.
  • Title: [17 May 1804 Evidence Forthcomingness]
    Description: 17 May 1804

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    Ch. Investigatorial

    § 3 Rule 1 & 2

    Upon the bare mention of the case /circumstance/ by which the demand for investigatorial procedure procedure ad investigandum - is constituted, it will be seen to be a circumstance altogether foreign to the nature of the cause, be it penal or non-penal, and therefore alike incident to every sort of cause.

    Rule 2. Power of Investigational Procedure ought to be possessed and exercised by every Court of Justice: Courts of mere Appeal exempted. Reasons. This rule is a direct and necessary consequence of the preceding one. AS there is no sort of cause in which the demand for the exercise of the power may not present itself, there is no sort of Court without this power, is able unless by accident to do justice, has in its hands the stock of power necessary to enable it to do justice.