date

30 Oct 1811 Evidence VI Preappointed
30 Oct 1811

Evidence

VI Preappointed

 14 Aug. 1812. This seems to belong to Body, and in Introd to have been superseded.

'.2. Preappointed evidence - its advantages

[...?] 1. Be the contract what it may, there are two qualities by either of which it may be prevented from having its full effect. These are - 1. uncertainty, and 2. non-notoriety: uncertainty, in regard to its import: non-notoriety in regard either to its import or to its existence.

Non-notor In speaking of a contract a insufficient point of notoriety, an implied reference is made to persons: viz. to all such persons so situated /circumstanced/ as that in relation to them unless it be known to them it will fail to be productive of its proper and full effect.

These persons are 1. in all cases the person or persons by whom in order for the contract to obtain its full effect it is necessary that the sort of act in question be performed /exercised/: an act of the positive or of the negative cast, according to the nature of the case.

If to the act's being exercised it be necessary that by any other person or persons than he or they by whom it is to be performed /exercised/ be called upon so to exercise it, thence to the first mentioned person or persons will be to be added the persons or persons by whom it is necessary that such call be made.
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  • Title: [30 Oct 1811 Evidence VI. Preappointed]
    Description: 30 Oct 1811

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    '.4. Modes of noxiousness in the case of Contracts.

    When, as above, reprobated, the account in which a contract is, or at least is declared and supposed to be reprobated is that of presumed noxiousness. Pursuing that division /analysis/ which forms the foremost a clearest basis of whatever operations are carried on by the legislator against the mischief apprehended from [..?] or other pernicious acts, By itself[?] a mischievous noxious act of this description as of any /in all/ other descriptions this party or parties affected will be seen to be other assignable individuals, a subordinate class of the community or the aggregate of the whole community or the whole public.

    The case where it is to the whole community the case where it is so the case where it is so to determinate are or to a subordinate class or even to assignable individuals not being parties to the contract that it may happen to its tendency to be noxious in a case /all these are cases/ of too great a latitude to come under consideration on this present occassion /be included within the compass of the present head/. To whatever contracts this pernicious quality actually belongs, it belongs to the duty of the legislator to look out for and collect them together - marking them as reprobated, and in eah designating by such a description as shall suffice to prevent their being engaged in by any person, for want of being apprized of the [...?] /fate/ thus prepared for them and the consequences that will ensue.

    Such in relation to contracts so circumstanced as above will be the duty of the legislator: but in the performance of that duty in those instances, generally speaking he will not find any particular capacity of yeilding him assistance in the principle of pre-appointed evidence.
  • Title: [24 June 1805 Evidence Introd]
    Description: 24 June 1805

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    '.1. Connection

    Between the ideas respectively attached to the words notoriety, intelligibility, and certainty, with their respective conjugates and quasi-conjugates

    knowledge, intellection, and assurance, on the one hand, and their opposites non-notoriety or ignorance, unintelligibility, and uncertainty on the other, whether as applied to the body of the law or to any other body of discourse, there exists to every eye a connection of the closest kind: so close, that to any sufficient /effectual/ purpose/ to speak of any one of them without operating at the same time of the others seems scarcely possible /practicable/.

    For any given article or portion of the body of the law to produce at any given instant of time, upon the conduct of any given person that effect which, whether as will for his own sake or for the sakes of others, it is to be wished /desirable/ that it should produce, it is necessary that at that same instant of time it should be present to his mind that he should be approved of the existence of an article of law bearing in that department of human conduct, that the language to which it is consigned should either in itself, or at least through the medium of some exterior interpretation, be understood by him, and that in respect of /with regard/ the import which so presents itself to him as being the true import of the law, he should profess a sufficient assurance of its being so: that is, of its being held for such by the Judge, upon whose whose decision should where the conduct of the individual came for this purpose under his review, the fate of that same individual would in that depend.
  • Title: [30 Aug 1812 Evidence Introd]
    Description: 30 Aug 1812

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    Introd

    Ch 15. Preappointed

    ' Obstacles

    Navy Office &c.

    Next to that department which has for its heads the Keeper of the kings conscience and the Guardian of the public morals, that in which lies known to be such are manufactured in the greatest quantity, is that subdivision of the marine branch of his military department termed the Navy Board including the officers that are subordinate to it.

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