18 April 1804

Evidence

Forthcomingness

Ch. Written

§.1. Analogy

In one respect however, in respect of preparatory examination written is more analogous to personal than to real evidence. To what preparatory in contract-distinction to ultimate interrogation is in the case of personal evidence, corresponds preparatory inspection, and, in case of need, preparatory transcription or abstraction, in the case of written evidence.

Inspection in this particular case is analogous in some measure to discovery, in /as applied to/ the case of evidence in general: transcription, to appearance - [...?] or say production. The discovery of the document - the deed, the register, the official book is the discovery of the course of evidence. But, after the source has been discovered, inspection - examination of the document or aggregate mass of documents may be necessary, for the purpose of discovering what particular articles of evidence may be obtainable /deriveable/ from that source.

In the case of written evidence, the point upon which what concerns the provision to be made for ensuring the forthcomingness of it, is /principally turns/ the provision to be made for the exercise of the faculty of inspection - viz: of preparatory inspection - together with the faculty of transcription, including abstraction, in consequence of the information which by the exercise of the faculty of inspection, has been obtained.

On this head, the following leading rules or observations may be premised.