★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
24
Tho' the service & grounds
for demanding it – the
same – elicitation of evidence
& statement of
grounds quite different in
the 2 Courts.
25.
Equity Court an Appeal do
in relation Comm Law d.
26.
Equity & Com Law Courts
compared to 2 ferry boats.
Plaintiff & Defendt. fighting
in C.L. boat, when on point
of landing, dragged back by
Equity boat &c
27.
Between Equity & Common
Law – line of demarcation
scarcely definable.
28
I Peculiar to Equity.
1. Division of masses of
property-moveable, with
or without immoveable. In
division of land Common Law
can take cognizance, but
Equity preferred – its process
being less bad than C.L.
29.
2. Restitution of immoveable
property. In C.L. Courts
nothing to be had but money
from Jury; if wrong
doer prefer thing to money
he pays the money & vice versa
– having always advantage
over right owner.
---page break---
30.
In general mode of proceeding
conducive in highest
degree to ends of judicature,
not to justice.
31
II. Peculiar to Comm Law
1. Crimes
2. Offences agt person.
Identifier: | JB/031/151/001 "JB/" can not be assigned to a declared number type with value 31.
|
|||
---|---|---|---|
24-31 |
|||
031 |
civil code |
||
151 |
|||
001 |
|||
marginal summary sheet |
1 |
||
recto |
e3 |
||
richard doane |
|||
9837 |
|||