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.

074_399.xml

Title: [3 April 1804 Evidence Forthcomingness]

Description: 3 April 1804

Evidence

Forthcomingness

Ch.6. Appearance

§.3. Domicile. Election

§.4. Securities continued. 3. Election of domicile.

3. Election of domicile for the purpose of judicial correspondence: including continual and timely notification of every subsequent change of abode.

By election of domicile for this purpose I understand, what is understood by it in French law: viz: mentioning /notification/signification/made of/ the house of some notoriously - responsible and certainly forthcoming person (for example the professional law agent of the individual in question) as a place to which all communications intended to be made to him in relation to the subject in question may be addressed: insomuch that, on every communication so made, the fact of its coming into his hands in due time shall be presumed, for the purpose of fixing upon him the imputation - his being deemed guilty/ of wilful disobedience, in the event of his omitting to fulfill any legal obligation /duty/ notice of which shall thus have been addressed to him, or and the like mutatis mutandis, in the case of notices necessary to be given to him of his having the benefit of any act which on the supposition of his receiving notice for his advantage of the facility afforded him, he might have done.

In such election of domicile must be included the not departing beyond a certain distance without the privity and at least negative consent /tacit approbation/ of the Court /Judge/: since if that were not necessary, expatriation of the witness and thence deposition of his evidence might at any time be the consequence.

Without timely and indeed previous notice of every successive change of abode, mere election of domicile would not completely answer every desireable purpose. For although, in the first instance, election of domicile, without pledge, real or personal, as above explained, might be accepted as sufficient security, yet by change of character or circumstances, a design of expatriation, for the sinister purpose of defrauding justice of his testimony, might afterwards supervene. In this case, by corporal caption, this sinister purpose might be defeated. But for the purpose of corporal caption, it will be necessary to know as each given point of time, not only at what place an epistolary communication may be made to him, but where he is.

074_280.xml

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.