18 June 1805

Evidence

Introd

Ch. Procedure Technical

''.7. Writing abused

Among the essential points of the technical system one that we have seen is the abuse of the art of writing. On this head a distinction requires to be made: for in the instance /regard to/ of this master art, on this as on so many other grounds, thin and delicate /slight/ are the particulars by which the abuse is divided from the use.

The purposes /occasions/ the application of it to which comes under the head of use will be spoken of at large in the body of this work. + These are the registration of the few operations and instruments for which the natural system produces in the several cases a genuine demand: and where the expence is warranted by the importance of the cause or by the anxiety of the party who is willing to defray it, the registration of the evidence. meaning by evidence such information, whether it came from the parties, or from extraneous witnesses, such information for the truth /correctness/ of which such securities as are requisite, and as such are afforded by the natural system of procedure, are /have been/ applied.

The abuse consists in the fabricating and registration of such /these/ /whatever/ useless instruments and operations and instruments as the technical system may have happened to superadd or substitute to the few that would be called for and exhibited under the natural system: together with such information true or false but for the verity of which no security is employed /applied/, such information true or false, as both parties either /purely/ from the obligation inferred[?] upon them by the regulation of the system, partly from /by/ the sinister policy of that one of the parties who is conscious of being in the wrong, have been led to furnish /exhibit/.

Under the natural system whatever[?] writing is employed about the evidence succeeds /follows/ /comes after/ oral delivery of the testimony. and in neither more nor less than that testimony itself consigned to their [...?] under the technical system it either precedes /comes between or is substituted/ and is super[?] - [...?] [...?] added to the oral testimony, it also is substituted to it.

Securities. Rules