JB/068/343/002

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UNIV. COLL. LOND. BENTHAM MSS. 68 343

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

Identifier: | JB/068/343/002"JB/" can not be assigned to a declared number type with value 68.
Date_1	1826-04-13	Marginal Summary Numbering	16-17
Box	068	Main Headings	penal code
Folio number	343	Info in main headings field	penal code
Image	002	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	john neal	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	22538
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