30 Oct 1811

Evidence

VI Preappointed

 14 Aug. 1812. This seems to belong to Body, and in Introd to have been superseded.

'.2. Preappointed evidence - its advantages

[...?] 1. Be the contract what it may, there are two qualities by either of which it may be prevented from having its full effect. These are - 1. uncertainty, and 2. non-notoriety: uncertainty, in regard to its import: non-notoriety in regard either to its import or to its existence.

Non-notor In speaking of a contract a insufficient point of notoriety, an implied reference is made to persons: viz. to all such persons so situated /circumstanced/ as that in relation to them unless it be known to them it will fail to be productive of its proper and full effect.

These persons are 1. in all cases the person or persons by whom in order for the contract to obtain its full effect it is necessary that the sort of act in question be performed /exercised/: an act of the positive or of the negative cast, according to the nature of the case.

If to the act's being exercised it be necessary that by any other person or persons than he or they by whom it is to be performed /exercised/ be called upon so to exercise it, thence to the first mentioned person or persons will be to be added the persons or persons by whom it is necessary that such call be made.