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1829. Jany.
Petition for Justice
1. Case
XIII. Jurisdiction split
20.
Law how made by
Judge's decisions.
21.
These decisions, if
printed, form a sort
of substitute for laws on
future occasions.
22.
Courts, where the law
is so manufacture.
1. Equity Courts.
2. Common Law do.
3. Christian do.
23.
1. Equity Court Raw
materials – Trusts Fraud
and accident with Equity
at their head.
That one word Equity
made to include
matter in unlimited
abundance.
24.
Unmeaningness and
fallacy in the term
Equity.
25.
Common Law Court
Penal King's Bench.
Words of Jurisdiction
1. Conspiracy. 2 Libel
3. Bonos Mores. 4.
Blasphemy. 5. Peace
6. Make peace.
26.
Conspiracy serves
to Chief Justice of
King's Bench as Equity
to Chancellor.
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27.
Common Law Courts
Civil verbal stock
Trouer assumpsit
28.
III. Court Christian
Theft
Law - substantive &
adjective – their genesis.
29.
Party assaulted a Clergyman,
B.R. C.B. &
Court Christian,
may all be extracting
fees from assaulter
and assaultee. By a
fresh suit, aassaulter
may buy a chance
for ridding himself of
one of the three.
30.
First, as to the needlessness
of a separate
manufactory
under the name of
Equity, or any other,
for spinning out one
portion of substantive
law more than another.
General power
of legislation in subordination
to Parliament
given to the
Chancellor Office
by statute of
2. 13. EO.1. Ch.24. Ao. 1285.
31.
Thus was a ground
laid for codification
seed sown: soil not
melionated enough to
admitt the growth.
For
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31. contind
For covering the
field with a rule
of action, the state
of society admitted
not of any better instrument
than
judge-made law
without which it
could not have been
kept together.
32.
See now the matter
in which Common
Law, wish their pretendedly
compleat
work, (as per Blackstone
– see below,)
had made no provision,
and judge
whether for making
it the same judicatory
would not
have served, and
even better than a
separate one.
33.
Heads of Equity law
and practice: division
1. Trust
2. Fraud
3. Accident
4. Delivery of goods to right owners
5. Performance of engagements.
6. Injunction applied to variables –
7 – applied to Common Law suits
8. Account.
7. Elicitation of party's evidence
10. Allotment of time enough for do.
11. Elicitation of Evidence for eventual suits.
Identifier: | JB/081/053/001 "JB/" can not be assigned to a declared number type with value 81.
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1829-01 |
20-33 |
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081 |
petition for justice |
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053 |
petition for justice |
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001 |
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marginal summary sheet |
1 |
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recto |
e1 |
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john flowerdew colls |
b&m 1828 |
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arthur moore; richard doane |
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1828 |
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25840 |
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