10 May 1805

Evidence

Note?

Introd

Ch Collateral Incidental

''.6. Expence.

Note (a)

(a) To relieve the strain upon the conception, any specification, how incompleat soever is better than none. There follows a list of some of the principal incidents most apt to operate in the character of sources of juridical expence. In any given individual instance How many and which of them shall thus operate depends in a considerable degree upon the individual circumstances of each individual suit. As to expences purely factitious, they are susceptible of whatever degree of regularity that the authors may be pleased to give them.

1. Expences incident to attendance: - on officers of justice superior or subordinate - on witnesses - on the party's own professional assistants, if he has any, on adverse parties and their assistants.+ See above under the head of Vexation

2. Expences incident to journeys for the purpose of such scarce[?] attendences[?].

3. Expence incident to the conveyence of real or written evidence. This answers[?] to journeys on the part of witnesses.

4. Expences incident to the imitative representation of a source of real evidence, where the production of the original is not exacted /producible/.++

5. Expences incident to the transcription of written evidence, wherever any such substitution happens[?] actually to be admitted /allowed/. Under transcription are included translation, abstraction[?], abbreviation methodization or ingestion[?], and the like.+++

6. Pay of professional assistance - whether in the way of advice, agency, or advocation.

7. Registration of the evidence,++++ and other instruments exhibited in the course of the cause.

8. Registration of the operations performed in the course of the cause by the parties and other persons concerned in the cause.

+ See

++ See Forthcomingness - Ch.

+++ See Transcriptional

++++ See [...?], [...?] [...?]