20 April 1804

Evidence

Forthcomingness

Ch. Deperition. prevent g

§.2. demand

§.2. Demand for separate /distinct/ arrangements having for their end in view the preventing the deperition of evidence.

When an article of evidence of any kind - personal oral, real, or personal written - has once been exhibited - at least if the exhibition made of it has been duly registered - the deperition of it has been prevented. So far therefore - that is in the ordinary state of things the provision made for the forthcomingess of evidence - and the provision made for preventing the deperition of it, coincide.

But a case conceivably enough, is that which the ordinary course appointed for the securing the forthcomingness of evidence in ordinary cases, is pursuing, the evidence which should have been rendered forthcoming, may perish: at the same time, that by an appropriate deviation, made in this view, from the ordinary course, it may /might/ have been preserved. The arrangements which present themselves as exclusively or more particularly adapted to this object, may on this account require to be distinguished from, or from among the arrangements directed to the more general object - the securing forthcomingness in regard to evidence.