27 April 1802

Evidence

Forthcomingness

Ch. 2. Means Courts

§3. Ambulatory

II. Cases of visitation ad rem: where the source of evidence belongs to the class of things

1. Cases where the thing from which the evidence is to be extracted (in general by inspection) is in its own nature absolutely immovable: as where the matter in dispute is the extent of a piece of land - the condition of a house - manufactory, road, canal, watercourse, bridge &x. in point of repair.

2. Cases where the thing though not absolutely immovable, can not in any terms, or can not without preponderant inconvenience, be adduced to the seat of judicature: for example 1. navigable vessels of all sorts and sizes - loaded waggons or other land vehicles of the largest sizes: 2. receptacles or other articles the use of which requires them to remain in one spot in the character of fixtures: such as vessels used in brewery, distilling, dyeing &c: 3 large statues, paintings al fesco, organs, and the other productions of the fine arts upon a large scale. These may be called removable fixtures. 4. Masses of movable articles heaped together to be in readiness for consumption or sale: for example, stacks of wood, heaps of coal, ricks of hay and straw, &c. 5. agricultural or manufacturing stock, or the contents of warehouses, in masses.