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13 April 1826.
Penal Code
B.I General Titles
Ch 13 Means of Repression Remedies
Ch. Satisfaction
16
English Practice
At common Law
performance of
a contract not
compellable
Go indeed into a court of Equity, and
there you will not be refused in every case a semblance
of a remedy. But of what remedy, a
remedy, which if it were a real one, and
applied, would in ninety nine cases out
of a hundred be but an aggravation of the
lesser disease.
17
Is Equity only a
semblance of a
remedy
In a common Law court — by common
Law, in a civil action, not so much as
a single contract is there, the performance
of which you can compel on the part of the
knave, who would not have entered into it
but for the advantage, which the law secured
to him, on condition of his breaking it.
Apply to a court of equity, and at the end
of as many years, as your oft opulent
oppressor chooses to continue you in
your state of torture, like that of a fish
with the hook in his throat. You may perhaps
learn, whether it be the pleasure of the
court to give an order for the fulfilment of
the contract, after which, he will fulfil it or
not, as he finds most convenient to do it. If
he proposes passing his life in prison, with
the your money in his pocket, the court allows him
so to do. If after this or before this, it be more agreeable
to him to pass his life in some country other than
his own, he takes this more pleasurable course
and to him & his lawyers you are object of exaltation
and derision
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