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<p><del>If i</del></p> | <p><del>If i</del></p> | ||
If it be <add>clear</add>certain, that the party by whom the transcript is proffered<lb/> | <p>If it be <add>clear</add>certain, that the party by whom the transcript is proffered<lb/> | ||
<add>had no share</add>bore no part, directly or indirectly, in the <add>processing</add> destruction of the original<lb/> | <add>had no share</add>bore no part, directly or indirectly, in the <add>processing</add> destruction of the original<lb/> | ||
fraud seems <add>almost entirely</add> altogether out of the question. <del>The</del> In this case the<lb/> | fraud seems <add>almost entirely</add> altogether out of the question. <del>The</del> In this case the<lb/> | ||
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Square <del>8</del> 5 <lb/> | Square <del>8</del> 5 <lb/> | ||
Square <gap/><lb/> | Square <gap/><lb/> | ||
Square <gap/></note> | Square <gap/></note><pb/> | ||
and influence of sinister interest on the part of the transcriber, or<add>and</add><lb/> | |||
examiner. But, <add>if</add> <del>in as much</del> as by the supposition it was understood<lb/> | |||
by both the transcript would not be | |||
original, so long as the original were in existence, nor foreseen by them<lb/> | |||
as an event in any degree probable, that the original would <del><gap/></del><lb/> | |||
parish before the transcript <del>the utmost degree of</del> the case affords no<lb/> | |||
reasonable ground for the supposition of fraud, even supposing the<lb/> | |||
untrustworthiness of the transcriber or examiner, or both, to be in the<lb/> | |||
highest pitch imaginable.</p> | |||
<p>The only foundation on which any <del>form</del> suspicion of<lb/> | |||
<add><gap/></add>infidelity on the part of the transcript can be built, is <add>the supposition</add> <del>that of <gap/> <gap/></del><lb/> | |||
that <del>the party by whom</del> had<add>deposition</add>perishing of the original may have had<lb/> | |||
<add>for its cause</add> the act of the party by whom the transcript is proffered in evidence.<lb/> | |||
But in this case<add>on this supposition</add>, the transcript must have undergone an alteration<lb/> | |||
in the way of forgery, viz: either <add>at a time</add> subsequently to the deposition<lb/> | |||
that is in this case the destruction of the original or previously<lb/> | |||
in contemplation of and <add>in</add> preparation for that event: and for these<lb/> | |||
purposes not only must the <hi rend="underline">transcript</hi> have been in his custody<lb/> | |||
or that of his agent in the forgery, but the | |||
have been either in his <hi rend="underline">custody</hi>, or, so far at least as was necessary<lb/> | |||
for the purpose of destruction, in his power.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{In_Progress}} | {{Metadata:{{PAGENAME}}}}{{In_Progress}} | ||
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 processing 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
Queen Square 16
Square 8 5
Square
Square
---page break---
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 the transcript would not be
original, so long as the original were in existence, nor foreseen by them
as an event in any degree probable, that the original would
parish 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
have been either in his custody, or, so far at least as was necessary
for the purpose of destruction, in his power.
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Identifier: | JB/109/009/001"JB/" can not be assigned to a declared number type with value 109. |
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109 |
Evidence |
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009 |
Evidence |
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001 |
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Text sheet |
1 |
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recto |
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35664 |
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