JB/028/025/004

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Equity.

Equity dispenses with [the want of] those formalities
which Law requires in Contracts with
a view to Evidence.

Reports stiled Reports on Equity are Reports
not merely of Cases on Equity, but of the transactions
of in general of that Court: the business of which amongst many
others is that of administering Equity.

Bankrupt businesses per se are not Equity. Executors accounts Qu. whether they are Equity
It That only is Equity only which sets up particular rules
as Exceptions to those of Law: not which has established
General Rules in derogation of those
of Common Law.

Admitting Compelling evidence not admitted by Law
is not Equity

In matters of Account Judgment "quod computet" not sufficient. Powers of compelling
Evidence may be necessary to not
only subsequent to the judgment to attain the
effect of it, but previous in order to warrant
it.

In Law it is an inviolable rule not to compel
a man to say anything as furnish any evidence
oral or written that may tend to prejudice himself
but may substantiate any claim against him.
Equity establishes a rule counter to this, in cases
where the parties stand ex æquo on equal ground, where the one denial
of such party would prejudice the dominant if he be in the rights appear as much
as the granting of it which the repugnant.† † But Qu. in Penal Conventions by the benefit of the party

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Inserenda

Identifier: | JB/028/025/004 "JB/" can not be assigned to a declared number type with value 28.
Date_1		Marginal Summary Numbering	not numbered
Box	028	Main Headings	comment on the commentaries
Folio number	025	Info in main headings field	parts of a law interpretation inserenda
Image	004	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	/ b22 / f23 / b24
Penner	jeremy bentham	Watermarks	[[watermarks::gr [crown motif] propatria [britannia motif]]]
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	9290
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