date

27 April 1802 Evidence Forthcomingness
27 April 1802

Evidence

Forthcomingness

Ch. 2. Means Courts

§3. Ambulatory

II. Cases of visitation ad rem: where the source of evidence belongs to the class of things

1. Cases where the thing from which the evidence is to be extracted (in general by inspection) is in its own nature absolutely immovable: as where the matter in dispute is the extent of a piece of land - the condition of a house - manufactory, road, canal, watercourse, bridge &x. in point of repair.

2. Cases where the thing though not absolutely immovable, can not in any terms, or can not without preponderant inconvenience, be adduced to the seat of judicature: for example 1. navigable vessels of all sorts and sizes - loaded waggons or other land vehicles of the largest sizes: 2. receptacles or other articles the use of which requires them to remain in one spot in the character of fixtures: such as vessels used in brewery, distilling, dyeing &c: 3 large statues, paintings al fesco, organs, and the other productions of the fine arts upon a large scale. These may be called removable fixtures. 4. Masses of movable articles heaped together to be in readiness for consumption or sale: for example, stacks of wood, heaps of coal, ricks of hay and straw, &c. 5. agricultural or manufacturing stock, or the contents of warehouses, in masses.
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    In the case of real the operations necessary for securing its forthcomingness /causing it to be forthcoming/ will be found to assume very different characters, and to have /wear/ very different denominations in conformity to certain /the/ corresponding differences in the nature of the things themselves. Thus the following divisions and distinctions.

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    Another very material distinction applies exclusively to vehicular receptacles. Land-vehicles, aquatic vehicles: Land vehicles from an English Broadwheel-waggon - of or rather from the travelling houses employed by Catherine the 2 d and Buonaparte to a child's coach or that of its doll. Aquatic vehicles from an English or French first-rate or rather from Hierós[?] unwieldy galley to a canoe including or not including the Scapleandre[?].

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    §.3. Ambulatory.

    §3. Locomotive visitation by the Judge - where necessary to prevent disperstion[?] of evidence.

    Where the evidence is of the immovable kind - whether immovable absolutely /absolute/ or immovable relatively viz. in its character of evidence - either it must perish in that character viz: in the character of real evidence, or instead of its being conveyed to the seat of judicature - to the presence of the judge, as in the case of immovable evidence, the person of the Judge must convey itself itself to the evidence.

    But though in default of such change of place on the part of the Judge, the evidence in question perishes in the character of real evidence - evidence presenting itself to the sense of the Judge - it does not necessarily perish outright. Information from the same source may reach /be transmi[?]/ his cognizance, though by a course less direct: viz: through the medium of personal evidences through the medium of a witness /another person/ who after applying his perceptive faculties to the material object which is the source of the evidence, and thence becoming /assuming/ in relation to the real evidence in question the character of a percipient witness conveys himself thereupon /thereafter/ to the seat of judicature, and acts /operates/ in the character of a deposing witness, in the same manner as in the case of a transient matter of fact, an event - an action - an offence he might have done had he been casually present at the time /moment/ of its taking place.

    duer[?] and inserendum

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