6 April 1804

Evidence

Forthcomingness

Ch.8. Appearance Extraord y

§.5. Sick bed

As to the consumption /demand/ extraordinary draught made by it upon the judges time, the inconvenience is possible only, not unavoidable. Cases of this sort will in comparison be very rare: when they do happen, unless the time of the Judge be overloaded by ordinary duties, this extraordinary one will not easily or frequently be productive of any such effect: and if all this not to speak of other purposes, the judge have the power of deportation, as he ought to have, the /this/ inconvenience at any rate will be obviated altogether.

How the evidence be extracted in this less advantageous way at an earlier period, or at the price of the requisite degree of delay, shall the operation be postponed, and the evidence extracted in the same advantageous way at a later period: viz: after the return of the patient to a state of health such as will enable him /requisite/ to render this service in the regular mode and place. - The option /choice/ /decision/ it is evident must be left /committed to the discretion of the Judge. The quantities - the values of antagonising advantage and inconvenience to be weighed against each other, being on both sides susceptible of indefinite variation, every /any/ regulation which assumes them to be fixed, cannot but be erroneous. The great evil to be guarded against it being an irreparable one will be the deposition of the evidence, by the extinction of the source. Further[?] in another chapter.

As to the formalities proper to be observed in the conduct of an operation of this kind, any details in relation to them would hardly pay for the space they would consume. The leading principles are already given. Of the several securities for trustworthiness and their respective uses the Judge is supposed to [...?] a competent conception. It will apply more or less if the security deriveable from this source, according to the degree in which the patient is capable of bearing it. He will take with him for example either no person but his official amanuensis, or he will give [...?] [...?] to a party or an /a professional/ agent of a party on each side.