21 May 1804

Forthcomingness

Ch Investigatorial Eng Law

§.5. Causes not embraced

§.5. Causes to which it remains inapplicable.

In the above examples we have seen all the instances to /in/ which this necessary article in the inventory of legal powers is employed upon any regular and comprehensive scale /steadily and constantly made use/. The cases to which it does not extend /the uses of it/ are soon designated, since they fill up the whole remaining measure of the work of the law. It is not employed /employable/ in any cause of a non-penal nature: whether carried on in /the scene of it be/ a Court called a Court of Common Law, or in a Court called a Court of Equity. Even in a penal case it is not employed, except where the prosecution is conducted in the mode called an indictment: it is not in any case /instance/ where the prosecution is by information, or by attachment: nor consequently in the case of any species of offence which is not prosecutable but in one or other of these two modes.

I speak of fragments of jurisdiction exercised here and there in this time; traces of them /they/ may be found scattered in the practice of both Common Law and Equity. Inspection and discovery under one or other of these two words the whole collection of them have been /may be/ ranged may be arranged /ranked/ composed, for use for under these same words they have been comprized in the books and language of men of law.

As to what concerns inspection the dispositions mad /arrangements taken/ by English Law have already been /will be/ brought to view under that head: what concerns discovery remains /[...?]/ to be spoken of in this place.