20 March 1808

Letter V

§.6. Reasons

Ends of Justice

Non-forthcomingness of Evidence

Causes

Factitious continued

6. Want of d o for compelling deposition on the part of every person capable of yielding testimony, saving the cases in which such deposition would be productive of preponderant mischief in the shape of vexation, expence or delay.

7. Want of d o for compelling production of things or writings in the character of sources of real or written evidence; saving as above.

8. Want of d o for securing to the judicatory in which a suit is commenced the assistance to the above purposes from the several other judicatories within the dominions of the same state.

9. So, from judicatories within the dominion of foreign states in times of amity.

10. Want of d o for the collection and perpetuation of pre-appointed evidence: viz. for preserving, antecedently to the institution of any suit, the memorials of such facts as are of a nature eventually to operate in the character of facts collative or ablative in relation to rights and obligations: for example involuntary acts, such as births and deaths: voluntary acts, such as those by which contracts (including agreements of all sorts, and amongst others marriages, as well as acts of conveyance, including testaments) are engaged in.