JB_082_096.xml

Title: [20 March 1808 Letter V §.6]

Description: 20 March 1808

Letter V

§.6. Reasons

Ends of Justice

Non-forthcomingness of Evidence

Causes

Factitious continued

6. Want of d o for compelling deposition on the part of every person capable of yielding testimony, saving the cases in which such deposition would be productive of preponderant mischief in the shape of vexation, expence or delay.

7. Want of d o for compelling production of things or writings in the character of sources of real or written evidence; saving as above.

8. Want of d o for securing to the judicatory in which a suit is commenced the assistance to the above purposes from the several other judicatories within the dominions of the same state.

9. So, from judicatories within the dominion of foreign states in times of amity.

10. Want of d o for the collection and perpetuation of pre-appointed evidence: viz. for preserving, antecedently to the institution of any suit, the memorials of such facts as are of a nature eventually to operate in the character of facts collative or ablative in relation to rights and obligations: for example involuntary acts, such as births and deaths: voluntary acts, such as those by which contracts (including agreements of all sorts, and amongst others marriages, as well as acts of conveyance, including testaments) are engaged in.

059-260.xml

Title: [9 July 1804 Procedure & Evidence]

Description: 9 July 1804

Procedure & Evidence

Evils

3d order

'.2 non-justiciability

II. Factitious causes negative.

1. Want of an all-comprehensive system of securities for justiciability (arrangements taken by the law for securing justiciability in point of fact) embracing all the varieties which a man's situation in this respect can admitt of.

Example.

1. Want of legal means for the arresting in the hands of the debtors debts due to a fugitive defendant.

2. Want of a general concert and correspondence for this purpose between the several local jurisdictions /districts/ subject to /under the ------- subjection of/ the same sovereign /state/.

3. Want of a like concert and correspondence between state and state.

JB_082_095.xml

Title: [20 March 1808 Letter V §.6]

Description: 20 March 1808

Letter V

§.6. Reasons

Ends of Justice

Non-forthcomingness of Evidence

Causes

Factitious causes negative and positive

Factitious Causes Negative.

1. Want of an all comprehensive system of arrangements for obtaining spontaneous discovery of persons possessing the faculty of yielding verbal testimony, or having in their custody and power sources of real or written evidence.

2. Want of an all comprehensive system of investigatorial procedure extending to all suits, non-penal as well as penal: and applicable to the tracing out, from mouth to mouth and from hand to hand, of persons and things in the character of sources of evidence-testimonial, real and written evidence.

3. Where on the part of a thing the faculty of yielding real evidence, or, on the part of a person, the faculty of yielding evidence of any description, testimonial, real or written, is in danger of perishing, as by death, expatriation, exprovinciation, absconsion &c, before the time at which, in ordinary course, the evidence in question would be collected; want of an all-comprehensive system of arrangements for collecting in time, and thus preventing the deposition of it.

4. Want of an all-comprehensive system of arrangements for compelling forthcomingness on the part of persons, in the character of sources of evidence, for the purpose of oral examination, in cases in which that mode of collecting evidence is prudentially as well as physically practicable.

5. Want of d o for collecting evidence by epistolary examination when oral is physically or prudentially impracticable or insufficient.