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29 April 1804
Evidence
Forthcomingness
Ch. 3. Means physical
§.2. Search
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[?].
To aquatic vehicle have /belongs/ this particular and important property, the capacity of being detained - of undergoing /being subjected to/ detention. another operation of which presently.
A first rate man of war, with its French or Spanish compliment of 1500 men, with or without a /an extra/ detachment of land troops, embarked as on board a transport, is not so properly a floating house as a floating town.
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Title: [29 April 1804 Evidence Forthcomingness]Description: 29 April 1804 Evidence Forthcomingness Ch.3. Means physical §.6.5 Detention 5. Detention. This is an operation /a process/ of which vehicles in a particular sense are susceptible. A first-rate man or war, with its French or Spanish accompaniment of 1500 men (for English-men go further with or without an extra detachment of land troops, embarked as on board a transport is not so properly a floating town as a floating house. If the detention of a cart or waggon with a single man /person/ in it, be productive of vexation to person in respect of his person the detention of persons /persons in respect of the detention of persons/ over and above the vexation to person in respect of the detention of things, what may not the vexation amount to that is producible by the detention of a man of war. A detention /An act/ of this sort, if exercised contrary to law would include the [...?] or in the absurd language of English law be false imprisonment of 1500 persons. In the case of real and written evidence, it coincides merely with sequestration, which see.
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Title: [29 April 1804 Evidence After]Description: 29 April 1804 Evidence After Adduction and Identification Forthcomingness. Ch. 3. Means physical § 11. 10. Maintenance Maintenance - alimentation 11. Maintenance, including alimentation: alimentation, the maintenance of an object of the class of animals, more especially of of the class of human creatures. Maintenance is a process incident by accident, to detention, to caption, to detention, to commitment to sequestration. By maintenance I understand /is to be understood/ the preserving the object /the source of the evidence/ from deposition, and as much as may be from deterioration: from deposition in the character of a source evidence, to prevent deposition of the evidence: from deposition in its own[?] character, to prevent vexation and expense: to prevent vexation where undue, to prevent it, by transferring the expense from the quarter in which it would be undue to the quarter in which it is due. This operation where the performance of it becomes necessary, viz to prevent the deposition of the evidence, makes an addition more or less considerable, but naturally very considerable, to the difficulty and vexation attached to the [...?] of the end in view - the preservation of the evidence. Where the end can equally be obtained by detention on the spot the expense and vexation of maintenance will in general be considerably less, than where adduction and sequestration are /is resorted to must be employed.
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Title: [27 April 1802 Evidence Forthcomingness]Description: 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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