18 April 1804

Evidence

Forthcomingness

Ch.3. Means physical

§3. 2 Search

Search, an operation which in the instance /case/ of personal evidence is oftentimes rendered necessary by intentional latency - and in the instance of real evidence by intentional concealment - is pat in the instance of written evidence to be rendered necessary, sometimes by concealment - this act of the person in whose custody it is - parallel to the case of emolument including self concealment in the instance of personal evidence, is that of latency - difficulty of being found [...?] sometimes by a sort of unintentional latency on the part of the on the part of the document which constituting the force of real evidence. inaccurate being: the document itself.

To the case of deeds and other detached written instruments, especially such as have a direct bearing on the matter in dispute, the operation is not so congenial - the expression so naturally applicable: as in the case of Registration books /Books of Account and other Registers/. Those who ever may be the owner or keeper of them may naturally enough be expected to be forthcoming at the first word: that he should know in what place or receptacle in his custody they are to be found - that he should know where to lay his hands on them at the first word, is an expectation that may naturally enough be expected /entertained/.

In the case of Books - Registration - Books /Books of Accounts/ - in which a mass of heterogeneous matter, unlimited unlimitable in quantity and quality may happen to have been consigned, the idea conveyed by the word Search is very different - the operation may in an indefinite degree be laborious - may for the adequate performance of it require an infinitely greater length of time. (a)

(a) Examples from English law with references to the cases in which such references have been made or required.

1. Journals of the House of Commons.

2. Journals of the House of Lords.

3. Books of the Privy Council.

4. Account Books of the Navy Office.

5. Archives of an English University.

6. Archives of a body corporate comprising the Government of a Borough Town.