JB/052/520/001

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1823. Octr
Constitutional Code. Procedure.
Ch.
§.
14. 40
In case of written
& real evidence little difficulty
has place

So much for testimonial evidence, received
or extracted for the purpose of the suit.
Remain, ready written and real evidence. In
this case, comparison had with those which precede
it, but little difficulty has place. On the
part of the written document, no reluctance to
the being produced: as little in the case of real
evidence: unless a possible exception be considered
as having place in the case of an animal,
to which, while perception is ascribed, person
is denied. But in this case, whether it be a
Canary Bird or an Ostritch, a Guinea Pig or a
Royal Tiger, no impediment obstacle imposed by reluctance
is apt to be found insuperable.

41
Written & real evidence
have this in common
reluctance may have
place on the part of
their keeper

But all ready written evidence that is not and all sources
of real evidence have this in common with one
another, and with every source of oral evidence
when in an unsound state — viz that they are in
the custody of some keeper: and on the part of
this keeper, whether it be in the character of
party Defendant or extraneous witness, reluctance,
in any degree, may have place.

42
So where forthcomingness
of subject matter of dispute
necessary

The case is not much varied where, instead
of appearing in the character of a source
of evidence, the written instrument, or the other
thing in question, of whatever sort it be, has need
to be made forthcoming in the character of a subject
matter of the dispute. Of the demand on
one side of the suit: of the defence on the other.
The same horse which constitutes the subject
of the Pursuer's demand, and which, in case
of success on his side will be to be delivered in to
his possession, may in the mean time be to be expected inspected for the
purpose of ascertaining
the condition the
animal is in, and
thence its value.
In

Identifier: | JB/052/520/001 "JB/" can not be assigned to a declared number type with value 52.
Date_1	1823-10	Marginal Summary Numbering	40-42
Box	052	Main Headings	constitutional code; procedure code
Folio number	520	Info in main headings field	constitutional code procedure
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c14
Penner	john flowerdew colls	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	17193
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