13 May 1804

Evidence

Forthcomingness

Ch 3. Means physical

§.12. 11. Visitation

1. Option between Real & Reputed real evidence. 2. Transcriptive viz [.?] in written evidence. 3. Such[?] bad examination its inconveniences.

§.12. 11. Visitation per judicium. Of this operation, and the occasions which appear to call for it, mention has already been made on another occasion, in another place. + So far as it is employed, it is a substitute /succedaneum/ to the operation of adduction, already mentioned. As to the other operations, they remain in other respects /in this case/ on the same footing, except that the person by whom they are /come to be/ performed is different, viz: the Judge or his deputy ad hoc, instead of the party, or some ministerial officer of justice.

An observation that belongs to the present head, is - that in this case, as compared with that of adduction, the vexation, whatever it might in the other case, nearly have been, vanishes: or, which comes to the same thing, is transferred from the party to the Judge, to whom along with all other vexations it is made up for and compensated by the advantages attached to his office.

+ Ch. 2. Means. Courts §.3. Ambulatory.