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1 March 1808
rejected. Sub poenà
But though the course taken in relation to this
subject can in scarcely in any instances be accounted
for by any regard to the ends of justice, it may
in every instance be accounted for by receive the clearest explanation from be referred with
the utmost certainty the fullest assurance to a regard to the ends of judicature.
A Judge sitting as a Common Law Judge will
not at the instance of the Plaintiff compel the Defendant
to furnish evidence at the instance of the Plaintiff, nor
the Plaintiff to furnish evidence at the instance of the Defendant:
in the self same case the same Judge sitting
as an Equity Judge and proceeding acting in consequence
under a system of procedure compleatly difficult, will
compel each either or each of the parties to render that justice
to the other: – why? because by in the sale of Equity
justice higher charges are made, and more is to be got than by by it than by the sale
of Common Law justice.
Not that he to whom this assistance is refused by
Common Law can in every instance obtain it from purchase it at the
Equity shop, even at any price: for the distinction between
the cases in which the assistance is shop will consent to dealers will deal out the article
deal in this article and those in which they will not are
innumerable and many of them as of to one knows not
what extent as yet unconjecturable.
Identifier: | JB/091/310/001 "JB/" can not be assigned to a declared number type with value 91.
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1808-03-01 |
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091 |
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310 |
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001 |
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1 |
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e3 |
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jeremy bentham |
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29306 |
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