18 May 1805

Evidence

Introd

Ch.8 Collat. Incident. 3. Delay

'.1. Sources

Note (a)

(a) To these may be subjoined in the order of statement /description/, though prior in the order of existence, certain /[...?]/ extra-judicial operation, which though not performed in the course of a suit are in many cases not the less necessary to be performed on the occasion and in contemplation of and for the purpose of it. These are /Of these/

To [...?] head belong - may be referred description are I 1.2.3.4. Operations to be performed with reference to the question of law - When /If/ the question turns on statute law, reference to the clause in the statute, if in[?], comparison of the statutes [...?] [...?] /confrontation of statute with statute of clause with clause: if in/ in case of jurisprudential law, reference to the authorities, confrontation of authority with authority; if statutory and jurisprudential law together, combination of the two sets of operations, as above. double double toil and trouble. If the party has law assistants, conferences consultation and correspondences with those assistants, consultation conferences and correspondences of these assistants, one with another

II. Operations to be performed with reference o the question fact: -

5 Searching

1. Search for sources of evidence, oral, real, or written. 1 In the case of oral, previous extra-judicial Examination of the witnesses: 2. previous [...?] up /framing/ memorandum of heads of examination for that purpose - 3 inspection and examination of dead /inanimate/ evidence, real or written - 4 confronting and methodizing the body /mass/ of evidence when obtained /thus obtained/: 5 statement of the case for ulterior advice if thought necessary, on the questions whether to proceed and how to proceed: 6 consultations and correspondences between party and assistant, between assistant and assistant as before.

As to examination /previous extra judicial examination/, whether in this stage of the business a witness will submitt to the operation depends upon his own good will. But the operations here in question are not those only that are sure to be performed on the occasion of every suit, /cause,/ but all such as are liable to be performed in any cause.

By details /specification/ the list of these processes might be indefinitely swelled. What is above may serve at any rate to fix conception, and furnished? observation a ground on which to attach itself.