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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 Forthcomingness]Description: 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 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: [21 May 1804 Evidence Forthcomingness]Description: 21 May 1804 Evidence Forthcomingness Ch. Investig Eng law §.1. Original deficiency In the case of several operations, preparatory to this exhibition of the evidence - personal, real or written - whether necessarily or incidentally - such as /viz./ entry, search, arrest, inspection, detention, sequestration and adduction - the operations which in each case may be conducive to direct justice pressed[?] themselves as it were of themselves. Which of these may in each instance be conducive to the end in view to the effect desired, is a question concerning which there can /will/ in general [...?] be little difficulty: common sense natural understanding will in general [...?] a ready answer without any aid from science or from law. The difficulty in each case /the case of each/ is to determine which[?] shall be allowed to be employed: allowed to the party by the Judge? allowed to the Judge by the legislator? to make the option between direct and collateral injustice - to decide in each case between the conflicting claims of direct justice on the one hand and the justice opposite to collateral injustice, principally in the shape of vexation, on the other: vexation to wit in the case of personal evidence to the proposed witness: in the case of real evidence, to the possessor of the source of real evidence, or of the house, shop waggon or other receptacle in which it is lodged /contained/ The natural consequence of this primaeval defect makes a curious contrast with the policy of the evidence - excluding /exclusionary/ system that afterwards developed itself by degrees. By /From/ the absence of all legal power of preliminary examination /investigation/, no evidence could ever be discovered, in such source at least as to be capable of being employed at the trial, but through /by/ favour of the persons through whom the discovery was to be made. It was the effect then of every such discovery then afforded /to afford/ no slight presumption at least of bias, of partiality on the part of the indicative witness to the cause of the party, to whom /at whose instance/ the disclosure was to be made: and this continued to be the case, after that while on the other hand, the bare possibility of a bias, to the minutest amount, (not to speak of the shadow /name/ without the reality of a possibility) became /had/ under the policy just spoken of, been rendered a sufficient ground for the peremptory rejection of a mans /any man's/ evidence - biased, he was inadmissible; unbiased he was not to be had.
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