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Click Here To Edit NOTORIETY1IV
Where a point of Procedure is such, as that the
knowledge of it is calculated to induce a particular
conduct at the very time when the fact act which
the Substantive origins requires or prohibits (or the case is,) Law regulates comes to be performed,
such point of procedure ought to
be notified in the same instrument with & to follow
closely close upon that Substantive Law. itself
Thus it is in the 1st Place, with respect to such
as concerns the Evidence of the Transaction [where
there is any peculiarity in the provisions respecting
that matter] Search with warrant or without warrant conviction in
For if a man means to have it appear should upon any subsequent occasion the act be such as that a man has an interest in that
it should be reputed, upon any subsequent occasion,
to have been done, tis at that time that every circumstance that which the
Law requires to have passed at the time in order
to it's being so reputed, ought at that time should be known to him
in order to this end that at the same time that the orders
the act itself, he may order those circumstances
in such manner as to produce the effect required he wishes.Where the event which calls for a particular mode of action, happens and only does not originate to form the will of the agent.
Thus it is with regard to a Wills of land The proving of this if when contested in a Court of Justice calls for a particular mode of action, so that the acting one way shall be part attended with disagreable consequences of the laws annexing or with the prevention non-attainmentof agreable — &
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The Laws which regulate the conditions upon which it shall be reputed to have been made 3 persons to witness it
as that there shall have been as that there shall have been 3 persons to witness it, & of what sort shall these persons be , if contested
in a Court of Justice, are Laws which relate to
a point of Procedure - to the evidence presenting the curious
under which a fact shall be admitted to have happened
upon its being alledged related at the time of trial.
At the same time, that the occasion for his
being apprised of this Law occurred at the very
instant when the occasion also occurred for his being
apprised of those Laws by which he is permitted
to make the disposition of his property. If he knows not the one, he will not do the Act at all. if he knows not the other, he will not do it to no any purpose.
Thus again, the Law which declares upon what
evidence a man Tradesman shall be reputed to have sold deliver'd
his goods a customer should the fact come to be disputed, is for
the same reason, a Law relating to a point of Procedure:
and yet it behove is at the time he sells them
that he it behoves him to be apprised of it. It is
then he ought to know that no testimony of his
own can be admissible received to prove it. How often
hath Justice mourned the want of this necessary
intelligence? point of knowledge? No Tradesman ought to be without this memento at his elbow.
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We are here however to distinguish between the case
where the fact is such as being innocent & lawful is such as
a man wishes to have known about it's being it is his work may naturally be supposed to be desirous of, or at least indifferent known, & one where being
mischievous & prohibited, it is his wish is he wishes to have it concealed.
In the latter case
COMPOSITION. Particular Codes. Laws Deliberatable Impromptuary - Exampl. [IV] Evidence. It. Powers, whereof the occasion of exercising is sudden
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