date

31 Mar. 1804 Evidence Forthcomingness
31 Mar. 1804

Evidence

Forthcomingness

Ch. Investigatorial

§.7. Course

2. As to the mode of securing the delivery of the interrogative letter, and what is equally necessary, sufficient evidence of its having[?] made - as also of the letter of information in return.

1. By variety of marks - the letter press serving as a border to that part of the paper in which the manuscript part is entered[?] - together with an appropriate stamp on the outside, letters of this description are effectively distinguished /discriminated/ from all ordinary letters. 2 of each such letter the direction including the date is copied at the post office of the place /town/ from which it is sent to the abode of the witness addressed. In a /another/ correspondent column another entry is made mentioning the person by whom, together with the month, day and hour when delivered, and to whom delivered, or by what other means and in which other manner introduced into the house or other place of the witnesses residence at that time. Another copy, with a memorandum of the day when thus consigned to the post, is entered on /in/ a book kept for the purpose by an officer of the Court.

When the answer comes to be transmitted, the like entries are made at the post house to which it is delivered. The answer is directed to the proper /Judge or subordinate/ officer of the Court - by whose care the letter of interrogation was consigned to the post. The answer should be entered in the same paper in which the question is [...?]: for the satisfaction of the witness that he may know at all times the nature and extent of the obligation he has incurred, it ought not be [...?] to send to him two copies at once: one for him to return with his answer, the other for him to keep by him, with the transcript of his answer: - a transcript which it may be recommended to him to take.
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  • Title: [31 Mar. 1804 Evidence Forthcomingness]
    Description: 31 Mar. 1804

    Evidence

    Forthcomingness

    Ch. Investigatorial

    §.7 Course

    For giving effect to For /securing the efficacy of/ this mode of communication, two arrangements will be necessary. 1. The interposition /exercise/ of the authority of the Judge who imposing upon the proposed witness the obligation of rendering the service required at his hands. 2. In arrangement of the business of the letter-post for the purpose of ascertaining the delivery of the letters to and for with a degree of punctuality and evidentiality sufficient for the purposes of justice.

    1. As to the mode of inferring the requisition by the sanction[?] of the judge. The questions proposed to be propounded by the party, are presented by him: the judge, who in the terms in which they are presented, or in such others as, in case of their impropriety in any respect, he thinks fit to substitute, testifies his allowance by his signature. The terms thus adjusted, a copy is taken by an officer of the Court upon the appropriate paper, in the margin of which are printed according to the plan delineated in a former book, + the regulations established in relation to the subject, and in particular a designation of the consequences of disobedience, as well in respect of punishment, as of satisfaction to the party injured by such offence: consequences which of course will be susceptible of considerable diversity, according to the nature and importance of the cause.

    The words applicable without variation in all cases are of course inserted in the print, blanks being left for the insertion of the variable ones in manuscript.

    + B. VI. Pre-appointed
  • Title: [2 April 1804 Evidence Forthcomingness]
    Description: 2 April 1804

    Evidence

    Forthcomingness

    Ch Investigatorial

    §.7. Course

    Notificanda on the part of the Judge

    1. In case of mendacity, penalty as for perjury

    2. In case of falshood through temerity[?], penalty as for falshood through temerity.

    3. In case of non-responsion within the time limited, if without any sinister /evil/ intention, obligation of personal attendance.

    4. If in consequence of evil intention - i.e. in the view of defrauding or delaying justice, or occasioning vexation or expence, penalty accordingly.

    5. In case of absence of the individual /proposed witness/ thus addressed, invitation for any friend of his, too write an answer, stating his absence and the expected time of his return. The inducement to the friend - inmate or not with the proposed witness - will be the savin the witness from the vexations and expences obligative[?] of personal attendance.

    6. Invitation to any friend of the proposed witness as above, to furnish the information sought for, if in his power, signing his name, and declaring the nature of his connection /relation/ with the proposed witness whether by /in the way of/ blood relationship or affinity, s in the case of wife, husband, son, &c. or as master, servant, inmate, master of the house - fellow-lodger &c. near neighbour, or friend - and - acquaintance.

    7. Answers, whether separate or by retransmission of the interrogative letter as above, to be put into the post office from whence the delivery was made.

    7. For the reason 5 & 6, the letter to go open, unless on any individual occasion otherwise ordered at the instance of the party, by the Judge.

    8. If the proposed witness be an illiterate person, and no person living in the same house capable of writing an answer, the letter might be delivered to the nearest official person competent to this task: such as the /an/ ecclesiastical minister, or any lay man holding any office in the village or other smallest territorial division, or any /even/ non-official person, on whose part a literary education may be presumed - such as a surgeon, apothecary or other medical man being nearest to the spot. Notice in this case to the proposed witness, at his abode or his representative as above mentioned.
  • Title: [[129b-396v] 22 Octob. 1810]
    Description: [129b-396v]

    22 Octob. 1810

    Parl. Ref. Plan

    Ch. 2. Catechism

    § 14 Election inconveniences

    28

    1

    { ☞ N.B. This order is here[?] changed

    Question or 1. What are the means that promise to be most conducive to the prevention of the inconveniences attendant on Elections.

    Answer. They are these following, viz.

    1. Causing the title /right/ of each Elector to stand on so clear a footing, that, unless a forgery be suspected, it can not be open to dispute.

    2. Delivering his vote /Causing his vote to be delivered/ in such a manner, as, not requiring him to stir from his own home, shall /strikes[?]/ of all expence on the score of conveyance.

    3. Prohibiting Candidates from visiting Electors at their own homes or elsewhere for the purpose of canvassing, i.e. asking for their votes

    Question | | or 2. By what means can the title /right/ of each Elector be put on any such clear footing?

    Answer. By ordaining that the cause of title shall be /consist of/ payment made for the last half year of a sum of money not less than so much, to a certain tax or set of taxes – suppose the assessed taxes: and that the evidence of such title shall consist in a duplicate receipt signed by the Collector; on which duplicate shall be written according to a form already printed upon the paper, called a Voting paper, the name of the Candidate for /in favour of/ whom the Elector intends thereby to give his vote: whereupon the Voting paper, being filled up according to a set of directions, printed thereon in forme[?] of a border or margin and being directed to the Returning Officer for the Electoral District, shall be transmitted to him by the post.}