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29 April 1804
Evidence
Forthcomingness
Ch 3. Means physical
§.4.3. Inspection
3. Inspection
3. Inspection. This in the primary signification of the word is an operation of the utmost simplicity. The performance of /faculty of performing/ it requires no special /not necessarily/ legal power. Standing in a public road a man may see what is passing in a contiguous or adjacent private field: not to speak of the inside of a garden or the outside of a house. Distinctions might be added in no small number: distinctions bearing on differences, which on certain occasions, tax-gathering for instance, would not be in much danger of being reputed /deemed//considered as/ frivolous, at least by contributors in whom the species of vexation - indisputable but frequently in so unhappy a degree inevitable vexation - were imposed.
But the case /in the cases/ to which on the ground of evidence the term is most apt to be employed, it is mainly synonymous to Search. I mean the case of sources of written evidence of whatever nature, preappointed or casual. (a)
(a) Note Pre-appointed indeed more particularly: in the case of casual scripts, such as private letters memorandums - literary compositions - the word search being most apt to be employed, by reason of the unwillingness /reluctance/ to discover, the desire of concealing on the part of the possessor - the consequent latency of the documents - circumstance which the term /word/ signifying appears to imply, and which the operation /thing signified/ serves to obviate and put an end to. In this instance /instance/ inspection would be exactly synonymous search, were it that the word inspection odes not, as the word search does, bring to the view of the mind two distinct objects, a thing contained searched for, and a receptacle in which the search for it is made.
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Title: [29 April 1804 Evidence Forthcomingness]Description: 29 April 1804 Evidence Forthcomingness Ch 3. Means physical 1 Entry 1. Entry a topic, the application of which is confined to real evidence To adduction ad tribunal inspection is always necessary always: to inspection, search frequently: to search, entry commonly: almost always, if the spot in which the search is to be made is private property almost always. Vexation or not, and if any, to what degree, are questions that depend much upon the nature of the place upon which the entry is made. Land unenclosed, vexation, none: land enclosed, vexation commonly but little. Buildings, vexation is apt to [...?] greater and greater, according to the customary degree of reclusion and privacy of the place /spot/. An Outhouse, such as a barn or stable: in the case of the dwelling houses the outer door only passed through, or an inner door: the door of a common parlour only, or of a bedchamber: the bedchamber that of a person of the male sex, or that of a female. As to secrets in trade they will seldom be susceptible as being discovered by mere entry, without search.
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Title: [29 April 1804 Evidence Forthcomingness]Description: 29 April 1804 Evidence Forthcomingness Ch.3. Means Physical 3. Inspection 3. Inspection. By this word we are presented with the idea of an operation to /by/ which, considered in the light of a purely physical no degree of /scarce only/ vexation could be attached /be produced/. Corn can not at this time of day be blasted by being looked at: person or thing, no alteration of a purely physical can be produced in the object, by its being subjected to this process. By the penetrating glance of an improperly curious eye, - in a manufactory, in a library table - in a bedchamber - secrets indeed may be disclosed, secrets over and above the facts the disclosure of which a man is entitled to for the purpose of legal evidence, and the degree of vexation producible by the disclosure has no assignable limits. The case to which this operation is more particularly though not exclusively applicable, is that of written evidence. In this case the vexation producible by inspection wears a very different complexion, according to the nature of the source of the evidence /evidence/ - according as the evidence belongs to the head of contractual or other pre-appointed evidence, or that of casual evidence. In the first instance the script generally speaking can not but have been intended, or at least ought to have been intended for public inspection: for the inspection, if not of every man indiscriminately at least of every man interested in point of right /deriving a right thereto from special interest/, and at any rate of the Judge. In this other instance - as in the case of a letter, a memorandum book - a private correspondence - the matter spoken of in the script may be such as were intended to be carefully concealed from every person than the individual addressed - such as no one else has any legal interest in being acquainted with, and such as source any person could be made acquainted with without serious inconvenience and acute mental suffering to the parties to such correspondence.
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Title: [30 April 1804 Evidence Forthcomingness]Description: 30 April 1804 Evidence Forthcomingness Ch 3. Means physical §.3/2 Search Search for [...?] /[...?]/ document is [...?] search: where where it is an [...?] or [...?] comprised in a book or mass of papers, inspection: which [...?] To the principal import of the word Search is attached or not attached an accessory idea - , viz: that of latency or latitantcy on the part of the object searched for. latitantcy, if that object be /if it be/ a person: concealment, self concealment is in that case implied in it in that case. latency without latitantcy if it be an object of the class of things. In this case on the part of some person there may be a desire of concealing it; but such desire is not implied in the import of the word search: for so long as the thing can not be found, there is the same need of searching for it, whether any desire of concealment exists on the part of any person or not: so long as a thing is not to be found, by the possessor of it, who wishes to find it, nobody wishing that he may not find it, the possessor of the thing contained, and of all receptacles containing it - house, room, [...?], box - is in /under/ the same necessity of searching for it, as if all the world were desirous it should remain concealed /unfindable/. Written evidence, it is plain, is no less apt to be the object of search than real evidence at large. In a particular case viz: where the source of the evidence, not being removable without preponderant inconvenience, requires not only to be discovered but to be read, another term the word inspection is commonly employed: (a) but in this case the use of the word inspection does not supersede that of the word search: search is an operation necessarily preliminary to that of inspection, if the particular document in question is a constituent element /an elementary part/ of a large /an aggregate/ mass, the elements of which being in any way brought into physical contiguity, as in the case of a Book of Accounts, or collection of books or a bundle of papers compose a whole /a sort of receptacle/: in which the search for the particular document in question is to be made. (a) a particular, in the language of highest law
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