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A Dictionary of Law · William C. Anderson · 1889

A Dictionary of Law

' 1, V. To bring forward or exhibit, for inspection by one's adversary. After due and timely notice to an adversary to produce, at trial, specified documents alleged to be in hia possession, and which the demandant has a right to inspect, secondary evidence of the contents will be received, provided the documents are not produced in court, and that, if produced, they would be evidence.* ' Wolsey V. Chapman, 101 U. S. 770 (1879), Waite, C. J., 2 3 BI.

Com. 25; 4 id. 137; 3 H. L. C. 686. sj JeBlack, 2Bened. 204-5 (1868), cases, Blatchford, J.; Brown v, Jefferson County Nat. Bank, 19 Blatch.

317-21 (1881). -See-also as to- procuring and suffering a preference, Sartwell «.

North, 144 Mass. 194-95 (1887), cases. * People V. Roderigas, 49 Cal. 11 (1874). '^ 1.

Prd-d Qce'.

8. Pr6d'-iice.

Congress cannot compel the production of the private books and papers of a citizen for its inspection, except In the progress of judicial proceedings, or in suits instituted for that purpose, and in both cases upon averment that its rights are dependent for enforcement upon the evidence those writings contain.'

See Inspection, 2; Subp<ena, Duces. 2, n.

A bequest of the "produce" of a fund, directly or in trust without limitation, carries the principal. 2 The " produce of a farm " was held not to include beef raised and killed on It.^ Compare Income. See Broker; Perishable.