2 April 1804

Evidence

Forthcomingness

Ch Investigatorial

§.7. Course

Notificanda on the part of the Judge

1. In case of mendacity, penalty as for perjury

2. In case of falshood through temerity[?], penalty as for falshood through temerity.

3. In case of non-responsion within the time limited, if without any sinister /evil/ intention, obligation of personal attendance.

4. If in consequence of evil intention - i.e. in the view of defrauding or delaying justice, or occasioning vexation or expence, penalty accordingly.

5. In case of absence of the individual /proposed witness/ thus addressed, invitation for any friend of his, too write an answer, stating his absence and the expected time of his return. The inducement to the friend - inmate or not with the proposed witness - will be the savin the witness from the vexations and expences obligative[?] of personal attendance.

6. Invitation to any friend of the proposed witness as above, to furnish the information sought for, if in his power, signing his name, and declaring the nature of his connection /relation/ with the proposed witness whether by /in the way of/ blood relationship or affinity, s in the case of wife, husband, son, &c. or as master, servant, inmate, master of the house - fellow-lodger &c. near neighbour, or friend - and - acquaintance.

7. Answers, whether separate or by retransmission of the interrogative letter as above, to be put into the post office from whence the delivery was made.

7. For the reason 5 & 6, the letter to go open, unless on any individual occasion otherwise ordered at the instance of the party, by the Judge.

8. If the proposed witness be an illiterate person, and no person living in the same house capable of writing an answer, the letter might be delivered to the nearest official person competent to this task: such as the /an/ ecclesiastical minister, or any lay man holding any office in the village or other smallest territorial division, or any /even/ non-official person, on whose part a literary education may be presumed - such as a surgeon, apothecary or other medical man being nearest to the spot. Notice in this case to the proposed witness, at his abode or his representative as above mentioned.