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19 April 1804
Evidence
Forthcomingness
Ch. Written
§.4. Rules
Rule 3. Wherever the document or documents, the production of which is called for or proposed to be called for, for the purpose of their being made to serve as evidence, are mixed with others, the disclosure of which is resisted by the possessor, on the ground of its being productive of preponderant vexation, by divulgation of lawful secrets, political, commercial or domestic, the judge, upon hearing all parties interested, should in each individual case, take such arrangements as the circumstances of the case suggest /point out/, for reconciling, as far as possible, the contending interests. For example in the case of Minutes of proceedings of public board, o r of any corporate body, or Account books of any manufacturer, merchant or shopkeeper: Let the judge, or the person deputed by him, attend at the reading of the books for the purpose of research /the examination proposed to be made of the Books/. Let the book be put into the hands of the party invoking party, the paper of writing in the Book being previously secured against inspection, by untransparent paper or other paper covering superinduced /fastened/ upon it by the Keeper, at such places as he thinks fit: let a memorandum be previously made of the several pages to which such coverings are applied together with the length and breadth of each. At the same time let the Keeper be subject to examination /examined upon oath/ for the purpose of ascertaining, in the instance of each such covered [...?] so far as can be done without divulgation of the contents, whether it /they/ be or be not of a nature to serve for the purpose in question in the character of evidence. If in the instance of any such passage the propriety of affording or witholding communication of it can not otherwise be determined, let communication, for the purpose of such determination be made of it to the Judge. If, the nature /contents/ of the Book being considered (for example a Minute Book of the proceedings of a superior department /Board/ of Government) the office of the Judge be not of a rank sufficiently trustworthy to receive a communication of that sort, let a competent judicial office be appointed by the legislator which in such cases appeal may be made for that purpose by the official keeper of the Book.
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Title: [24 May 1804 Evidence Forthcomingness]Description: 24 May 1804 Evidence Forthcomingness Ch. Monitoires §.2. Utility If danger were apprehended, but the mode of stating the nature of the evidence sought should, in the manner of a leading question, + be too instructive, and the statement made for that purpose might previously to its being handed over to the Ecclesiastical Minister, be submitted to the inspection and allowance of the lay Judge. But, in the form /instance/ of common advertisements, as well in the format of posted bills as in newspapers, statements for this purpose are made public in every day's practice, without any such check either of this sort or any other. Why then not trust to advertisements /each [...?] to trust these free channels of communication/ as at present? - For this reason: because even in England, not to speak of less populous and less opulent[?]= countries it is only in considerable towns that such channels are sufficiently /easily enough/ accessible for the purpose: and because in the cases in question, /this way//[...?]/ the force of the religious sanction is not employed to call the attention of men to the subject, and dispose them to render to justice the service demanded at their hands. What makes /A circumstance that in England renders/ the want of this aid of the religious sanction on this occasion the less sensible, is the assistance which in a preeminent degree seems to be afforded to the like purposes by the force of the popular or moral sanction, the instrument /sound affection/ called public spirit - sympathy with the public - sympathetic concern /regard/ for the public interest - included. In the case of a murder for instance that which in so many parts of Italy is no mans business, is in England every mans business. But this salutary affection would scarcely found to be coextensive with the demand for it on the score of justice. In causes non-penal it would be apt to be too faint for any active purpose, how great soever might be their importance: and in certain cases of a penal nature, smuggling for instance, so far from being to be depended upon for any efficient aid to justice, it is but too apt to act on the other side. + In B. [Examination]
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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
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Title: [16 July 1808 + Charge 1 Charge]Description: 16 July 1808 + Charge 1 Charge 1 2 4 2. Application used by Accountant in his Account to have the most of proof requested It not being in the power of this Accountant, my them of any other Accountant, to know without usual information, in which design it would be the pleasure of the Commissioners to receive such evidence as received they might, according to their rules of practice, be deemed sufficient to control the several articles contained in those Books into so many reciveth and Vouchers, he accordingly made application for the missing information viz. in and by a Query subjoined to the article in question and submitted to the Board for that purpose; in and by which Queries the normal Items in the said Books were to be though submitted in the character of compleat Vouchers, were explicitly recognised as not being any thing more, but as requiring for their completion in that character some mode of authentication, such as it might please the Board to prescribe: the persons by whom such authentication could so to be performed being at the same time to the Board as ready to be undergo examination, by or by order of the Board, for the purpose of satisfying all such doubts if any, as might happen to those respecting the import or propriety of the several articles. 5 Conduct of the Ch. Inspector He misrepresents the Books as of sent or as compleat Vouchers. Passing by unnoticed the Queries thus submitted, instead of the reasonable and necessary information sought by it, Mr Chief Inspector, took upon him to go out of his way for the purpose of speaking of the article to which has given him reference in terms of censure: censure altogether unasserted and groundless : representing the Books as having been given in by the Accountant in the character of compleat Vouchers, wanting nothing to invest them with that character, whereas on the these where it face of the as it lay before him, the contrary stood expressly recognised.
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