19 April 1804

Evidence

Forthcomingness

Ch. Written

§.4. Rules

Rule 3. Wherever the document or documents, the production of which is called for or proposed to be called for, for the purpose of their being made to serve as evidence, are mixed with others, the disclosure of which is resisted by the possessor, on the ground of its being productive of preponderant vexation, by divulgation of lawful secrets, political, commercial or domestic, the judge, upon hearing all parties interested, should in each individual case, take such arrangements as the circumstances of the case suggest /point out/, for reconciling, as far as possible, the contending interests. For example in the case of Minutes of proceedings of public board, o r of any corporate body, or Account books of any manufacturer, merchant or shopkeeper: Let the judge, or the person deputed by him, attend at the reading of the books for the purpose of research /the examination proposed to be made of the Books/. Let the book be put into the hands of the party invoking party, the paper of writing in the Book being previously secured against inspection, by untransparent paper or other paper covering superinduced /fastened/ upon it by the Keeper, at such places as he thinks fit: let a memorandum be previously made of the several pages to which such coverings are applied together with the length and breadth of each. At the same time let the Keeper be subject to examination /examined upon oath/ for the purpose of ascertaining, in the instance of each such covered [...?] so far as can be done without divulgation of the contents, whether it /they/ be or be not of a nature to serve for the purpose in question in the character of evidence. If in the instance of any such passage the propriety of affording or witholding communication of it can not otherwise be determined, let communication, for the purpose of such determination be made of it to the Judge. If, the nature /contents/ of the Book being considered (for example a Minute Book of the proceedings of a superior department /Board/ of Government) the office of the Judge be not of a rank sufficiently trustworthy to receive a communication of that sort, let a competent judicial office be appointed by the legislator which in such cases appeal may be made for that purpose by the official keeper of the Book.