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51)
Inserenda
Equity. compulsion of Evidence
ordered brought back in some points to its primitive simplicity.
Powers will demand long forgotten were a revived
or rather devised anew, which to as being offer
nothing striking because they are familiar: but
which do honour to the invention which that suggested them,
and to the courage which that ventured to establish
them. The personal attendance originally
exacted by the antient Courts of Common Law, was
heard to account for the purpose to give affecting to Equity the power
of compelling self-convicting evidence.
Last of all they Parties have been compelled to answer
against themselves by in Courts of
Common Law by a power established anew
in every each individual instance of its exertion
because established no otherwise than by consent.
Much about the same time with the first Statute Law
giving this power in Bankrupt cases, we
find it a Statute giving it within a limited
district for the recovery of debts of a limited value.
This power, which either no Court ought
ever to have had, or else no Court ought ever
to have been without. This power I say
being once established in the Courts of
Chancery and Exchequer men flocked
eagerly to these Courts to take the benefit of
Inserenda Equity. Compulsion of Evidence (51)
Identifier: | JB/028/032/003 "JB/" can not be assigned to a declared number type with value 28.
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not numbered |
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028 |
comment on the commentaries |
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032 |
equity history of its powers |
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003 |
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text sheet |
4 |
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recto |
f49 / b50 / f51 / b52 |
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jeremy bentham |
[[watermarks::gr [crown motif] propatria [britannia motif]]] |
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9297 |
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