074_396.xml

Title: [3 April 1804 Evidence Forthcomingness]

Description: 3 April 1804

Evidence

Forthcomingness

Ch.6. Appearance

§.1. Pledges

A personal pledge for the performance of any act is understood to be given, when without actual deposition /deposition made/ of any portion of the matter of wealth, third persons one or more engage /bind/ themselves in the character of sponsors for the performance of the act on the part of the /their/ principal viz: the person in whose favour they are thus bound: the condition of the obligation being such, that if the act be performed in due manner and due time, then no further prejudice shall be sustained by them, and the obligation shall be understood to be at an end; but that in the opposite case, that some further specific inconvenience shall be cast upon them; for example the obligation of parting with a specific /specified/ portion of the matter of wealth, in the shape of a sum of money or otherwise, to be made over, on the score of satisfaction, to the party prejudice by such failure, as before.

JB_045_462.xml

Title: [20 Sept 1803 Evidence Instructions]

Description: 20 Sept 1803

Evidence

Instructions

Considerations

1. Interests in General

Situations

7. The same assemblage of interests that /A group of interests the same in specie as those which/ on the part of the child are produced by the relation between parent and child will on this same part be produced by the relation subsisting between the child and any of these other kindred who after the decease of the parent or even during his life time may be considered as a sort of substitute, or representative of the parent: the Grand father and Grand mother; the Uncle or Aunt; the elder Brother or Sister; and so on. To each of these relationships is /are/ attached a groupe of interests, and therefore of causes of partiality, the same in specie the same as those which attach on the relationship between Parent and Child varying only in degree. As far as can be judged /conjectured/ of by general rules, the interest will naturally be regarded as less and less strong - the cause of partiality consequently less and less efficient /powerful/, the more remote the relationship, the further off the superior relative /junior relative/ who represents the parent is removed in the line of natural relationship from the person he thus represents. This criterion however, which in the character of a general criterion is as otherwise good than inasmuch as the nature of things does not afford a better, is liable in each particular instance to be rendered incorrect and if blindly adopted fallacious by an endless variety of particular causes. Between the Vice-parent and the Vice-child (if the expression may be allowed) the connection will be stronger after the decease of the parent than during his or her life: why? because the frequency of the occasions which the junior relative may have for the particular services of the senior relative will naturally be rendered more frequent /encreased/ by the removal of him whose protection would otherwise have been the recourse in the first instance /course could naturally have been had in the first instance/. Identity of sex is another circumstance by which justness of any inference deduced from the mere circumstance of proximity /priority/ in the line of relationship would be liable to be disturbed. Age in the instance of both parties but especially in that of the junior relation the child is another. Both parents dead, to the child during infancy the services of a Grand mother of either side may for a time be more immediately useful, whichever be the sex of the child, than those of a Grand parent of the other sex. As the child advances in that career in which the difference between sex and sex grows every day wider services of a Grandparent of his own sex will be more and more valuable in comparison of those of the opposite sex. But by the infinite diversity, of variations of which the inferior circumstances of families is susceptible in respect of occupation, habit of life, and pecuniary wants and pecuniary means, the operation of even these causes of disturbances is susceptible of a vast variety of a disturbance.

074_395.xml

Title: [3 April 1804 Forthcomingness]

Description: 3 April 1804

Forthcomingness

Ch.7[?] Appearance Extraord.

§.1. 1. Pledges

Ch.7. - Extraordinary Securities for the Appearance of Witnesses.

§.1. Exaction of pledges.

1. Exaction of pledges - or in the language of the English law finding[?] security. Pledges are distinguishable and distinguished into real and personal. A real pledge for the performance of any act is understood to be given, when a mass /portion/ of the matter of wealth to a value looked upon as sufficient, is deposited in hands regarded as trustworthy to this purpose, on condition that if the act be performed in due manner and due time such portion shall be restored to the depositor; in the opposite case, otherwise disposed of, in part or in the whole, for example, made over, on the score of satisfaction, to the party prejudiced by such negative offence/failure/. The most obvious, because in general the most convenient shape that can be given to such pledge, is that of a sum of money. But nothing hinders but that it may be given in the shape of any specific article or mass of the matter of wealth, moveable or immoveable.

The employment of an immoveable article for this purpose, when the individual happens to be so provided is attended with this advantage, viz. that in this case the inconvenience /vexation/ and damage /expense/ which is apt to be attendant on a /any forced/ change of position may in general be avoided. The process may be sufficiently answered by a decision declaring the article to be untransferable during its continuance in the character of a pledge, provided that the /such/ untransferability be sufficiently notified to prevent / obviate/ that species of fraud which consists in pretending to transfer an article legally untransferable for the purposes of embezzling the price received for it.