17 May 1804

Evidence

Forthcomingness

Ch. Investigatorial

§ 3 Rule 1 & 2

Upon the bare mention of the case /circumstance/ by which the demand for investigatorial procedure procedure ad investigandum - is constituted, it will be seen to be a circumstance altogether foreign to the nature of the cause, be it penal or non-penal, and therefore alike incident to every sort of cause.

Rule 2. Power of Investigational Procedure ought to be possessed and exercised by every Court of Justice: Courts of mere Appeal exempted. Reasons. This rule is a direct and necessary consequence of the preceding one. AS there is no sort of cause in which the demand for the exercise of the power may not present itself, there is no sort of Court without this power, is able unless by accident to do justice, has in its hands the stock of power necessary to enable it to do justice.