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26 Oct 1805
Evidence
7. Any number of causes between the same parties and turning
upon the same evidence might thus how various soever in
their technical description or even real nature be decided at the same hearing: and
where it was not conclusive the evidence heard required for the purpose of
one cause might be employed pro tanto in any number of
others.
8. In case of dubious or imperfect solvency on either side
especially on the defendant's, measures may be taken for
converting dubious solvency into certain and immediate,
and in case of imperfect solvency for preventing the effects assets
from being swallowed up either by lawyers by the men of law to the prejudice
of all the creditors, or by one or a few creditors to the
prejudice of the rest.
9. For the purpose of striking a ballance, and confining the
payment to the amount of the ballance and reducing any
numbers of suits to one, any number of counterclaims
how various soever in their technical denomination or
even their real nature may be if not decided upon, at any
rate brought into view at once, to the extinction of that species
of injustice which consists in the allowing to an insolvent
person the benefit of his own claim which his insolvency, unfortunate
or wilful, exempts him from the burthen of satisfying
the an equally rightful claim on the other side: in
other words the doctrine application of the principle of set off would possess
the whole extent required marked out for it by justice, without being frittered
down in an endless variety of ways by lawyers men of law for the benefit
of lawyers men of law.
Identifier: | JB/058/253/001 "JB/" can not be assigned to a declared number type with value 58.
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1805-10-26 |
7-9 |
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058 |
evidence |
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253 |
evidence |
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d17 / e3 |
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jeremy bentham |
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18922 |
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