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If i
If it be clearcertain, that the party by whom the transcript is proffered
had no sharebore no part, directly or indirectly, in the procuring destruction of the original
fraud seems almost entirely altogether out of the question. The In this case the
only chanceprobability<add>danger</add> in favour of infidelity depends upon the existence Queen Square 81
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and influence of sinister interest on the part of the transcriber, orand
examiner. But, if in as much as by the supposition it was understood
by both that the transcript would not be received in place of the
original, so long as the original were in existence, nor foreseen by them
as an event in any degree probable, that the original would
perish before the transcript the utmost degree of the case affords no
reasonable ground for the supposition of fraud, even supposing the
untrustworthiness of the transcriber or examiner, or both, to be in the
highest pitch imaginable.
The only foundation on which any form suspicion of
infidelity on the part of the transcript can be built, is the supposition that of
that the party by whom haddepositionperishing of the original may have had
for its cause the act of the party by whom the transcript is proffered in evidence.
But in this caseon this supposition, the transcript must have undergone an alteration
in the way of forgery, viz: either at a time subsequently to the deposition
that is in this case the destruction of the original or previously
in contemplation of and in preparation for that event: and for these
purposes not only must the transcript have been in his custody
or that of his agent in the forgery, but the original also must
have been either in his custody, or, so far at least as was necessary
for the purpose of destruction, in his power.
Identifier: | JB/109/009/001 "JB/" can not be assigned to a declared number type with value 109.
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001 |
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35664 |
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