5 June 1803

Evidence

Best

II. - Substance

2. Preappointed with Casual

3 - Official with Unofficial

2 & 3. Comparison the second and third: comparison between pre-appointed evidence and /with/ casual.

Here as in some of the preceding cases, the superiority is written upon the face of the very terms themselves. Pre-appointed evidence is picked evidence: casual evidence is evidence taken as it comes. In what cases this species /modification/ of best evidence is to be had, and what are the precautions necessary to be observed in calling for it, are questions which will form the matter of a separate chapter.

3. Comparison the third: official with unofficial preappointed evidence Subordinate to the distinction /division/ between pre-appointed and casual evidence, is that which applies to pre-appointed - the distinction between official and unofficial evidence.

Here also the superiority at least in all ordinary cases is written in characters not unconspicuous. Unofficial pre-appointed evidence is evidence picked by individual parties, or perhaps by only one of two contending parties: official evidence is evidence picked by the legislator, and under him by the Administrator or even by the Judge. But of this further under the head of Official evidence.