5 July 1804

Procedure & Evidence

Evils causes

4th order

'.1 Unforthcomingness of evidence

II. Real and Written Evidence

I. Natural causes

1. The person in whose custody or power the source of evidence is, not known

2. - his abode or other means of corresponding with him not known

3. When called upon to produce the evidence in question, he neither brings it nor --ds it.

4. He takes /conveys/ it or sends it out of the jurisdiction of the court.

5. He destroys it, or loses it by forgetfulness

6. He conveys it into other hands

7. By his death it passes to other hands unknown

8. The party is unable to defray the necessary expence of producing the original or (when admissible) taking draft or copies.

9. Delay, the ---- ----- as -----

II. Factitious causes negative

1. Want of arrangements proper for the discovery of the source of evidence: i.e. of the place where /in which/, or the individual in whose custody or power it is.

2. Want of effectual arrangements for compelling the production of it, or a transcript from it.

3. Delay - any factitious length, as above, being the result of the operation of negative causes, as above. See Delay.

III. Factitious causes positive, exemplified

3. Exclusion of the evidence on the ground of untrustworthiness without sufficient cause

4. ------ exclusion of the evidence on the ground of the vexation that would be produced (it is supposed) to this or that person by the disclosure of it.

5. Delay - any factitious length, the result of the operation of positive causes - see delay.