JB/031/150/001

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Equity Blackstone

53. 1
Effect of evidence allowed
to demand. Defendant
required to put in Answer,
failing this, Demand tho'
full of his declared by Judge
to be such founded in fact and law
i.e. equity.

2.
Quantity of mendacity &
fees at Common Law, moderate
if compared with
Equity do.

3.
No reason why in different
Judicatories different modes
shd. be adopted to ascertain
justice of a demand.

4.
Per Common Law, no plaintiff
witness for himself – Per
equity no demand allowed
without such witness.

5.
Plaintiff not obliged to
take oath: no punishment
for lying, as it might diminish
number of suits.

6
At Common Law mendacity
only licensed – in
Equity made imperative.

7.
Mendacity compelled by
making plaintiff declare he
knows, what in he does not
know, in order to extract
evidence from defendant.

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8.
Defendant's statement
on oath, Plaintiffs not.

9.
Cross Bill – what.

10
After series is of years remains
to be elicited the only
evidence which Common
Law Courts wd. have taken
notice of viz of extraneous
witnesses

11
Maxims. 1. Evidence in favor
of self not to be believed.
2. In Equity defendant evidence
if agt. himself admitted
as true if uncontradicted by
2 witnesses. In practice,
exclusion, eluded more or
less.

12
Supposition is that the
evidence consists of 2 intelligible
parts. 1. matter in favor
of defendant. 2 do. agt.
do.. This not true.

13.
After a man is made by
Equity Judges, a liar, he
is made honest by "So help
"you God".

14.
All this, when one only engaged
on each side – parties
to any numbers may be engaged
– confusion then thickened to any amount

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15.
By a cross like parties
may be both plaintiffs & defendants.
Bill of revivor
what. Death ends suitor
& suit – suitor revived at
resurrection – suit ob
payout of fees to Judge & Co.

16.
In Equity examination
of witness quite different
from 3o. of party witness.
See Rationale of Evidence

17
Affidavit evidence what,
allowed in C.L. & Equity.

18.
In Affidavits no cross examination
– instrument
drawn up by mendacity proficients.

19
For these lies prosecution
for perjury. Expence of prosecution,
scarcely 1/15 of people
able to bear.

20.
For quality of Affidavit
evidence see Rationale.

21
Connexion between
Equity & Common Law.

22.
Equity jurisdiction.
1. Equity cases in general
2. Injunction cases.

23.
A Comm Law Suit just finished
– stopt by Injunction.
Origin of this, after gain by
one set of lawyers commencement
given to another set.
Here no suc hostility as between K.B. & C.P.

Identifier: | JB/031/150/001 "JB/" can not be assigned to a declared number type with value 31.
Date_1		Marginal Summary Numbering	1-23
Box	031	Main Headings	civil code
Folio number	150	Info in main headings field	blackstone
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner	richard doane	Watermarks	b&m 1828
Marginals		Paper Producer	arthur moore; richard doane
Corrections		Paper Produced in Year	1828
Notes public		ID Number	9836
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