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49
Inserenda Equity. History of its powers
Compelling Evidence
In Bankrupt matters the Court of Equity
delegates those powers which it ought to be
invested with itself in all other matters of
examining in the men vivâ voce (in the compendius
and uneluctable method of extemporaneous examination)
instead of taking their answers upon
paper. By this means His Delegates⊞ ⊞ without parade &c. an undisguised answer
is got in the compass of a few minutes
which the himself by a question to which he could not get a
coloured one under six months.
History of Adjective Powers over parties.
First men both parties were to appear in person: but
Then they were not compellable to answer
against themselves.
They they were permitted to appear by Attorney or Proxy
but the Attorney was not compellable to answer against his Client.
Then they were made compellable to answer against
themselves by virtue of a new power assumed
by an new Old Court assuming a new jurisdiction,
but still not personally. The
reason seems to be that Chancellors being
originally Ecclesiastics and as such versed in the Roman Law proceeded accordingly
to the Rules of the Roman Law.
Inserenda Equity. History of it's powers 49
Identifier: | JB/028/032/001 "JB/" can not be assigned to a declared number type with value 28.
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equity history of its powers |
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jeremy bentham |
[[watermarks::gr [crown motif] propatria [britannia motif]]] |
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