12 April 1804

Evidence

Forthcomingness

Ch. Written

§.4. Rules

§.4. Rules concerning the faculty of Inspection &c, with its concomitant operations.

Rule 1. Wherever by reason of impertinence /want of interest (natural interest) on the one hand viz./ on the part of the invoker of the evidence, and vexation on the other, viz: on the part of the possessor of the evidence /document or mass of documents/, the evidence, although it were to afford conclusive proof of the allegation in respect of which it were proposed to be produced, ought not to be produce din the character of ultimate evidence, in such case neither ought /should/ the right /faculty/ of preparatory inspection, examination and transcription as against an unwilling possessor /without the consent of the possessor/, be allowed by the Judge.

Rule 2. Wherever the production of the document or mass of documents ought to be compelled /made compellable/ in the character of ultimate evidence, the right of preparatory inspection examination and transcription of it ought to be granted, even without the consent of the possessor, so far forth as may be necessary for preparing it to be produced /serve/ and operate in the character of ultimate evidence.