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<head>1824. <sic>Dec<hi rend="superscript">r.</hi></sic> 4<lb/>Procedure Code</head> <!-- some in pencil --> <p><note><sic>Ch.</sic> <gap/> application</note><lb/>3 <note>§. English practice</note></p> <p>If a man <del><gap/></del> owes you money, the | <head>1824. <sic>Dec<hi rend="superscript">r.</hi></sic> 4<lb/>Procedure Code</head> <!-- some in pencil --> <p><note><sic>Ch.</sic> <gap/> application</note><lb/>3 <note>§. English practice</note></p> <p>If a man <del><gap/></del> owes you money, the <add>nay the Lord</add> Chancellor <add>Lord Eldon</add><lb/>will do what the Lord Chief Justice <add>Abbot</add> will not do, he will<lb/>let you ask the man whether he does not owe you the<lb/>money, and whether of the facts by which the <del>def</del> debt was<lb/>produced the statement you make is not true. Think not<lb/>however that <del>on pro</del> <add>mercy</add> or indulgence <add>thus</add> so extraordinary is to<lb/>be obtained <unclear>without</unclear>. Before you can be admitted to at first,<lb/>and that only by proxy, <del>into</del> <add>in</add> the Temple of Equity your honour,<lb/>at any rate <del>that</del> whatsoever part of it consist in absence<lb/>from lying — detailed and elaborate lying, must be<lb/>left at <add>on</add> the threshold. <del>A</del> <add>If a <gap/></add> matter of fact <del>of the <gap/> of</del> <add>concerning which</add><lb/>you're in ignorance, is the exhibition <add>statement</add> <del>of it</del> <add>be</add> necessary to the<lb/>establishment of your right to being <gap/> to <gap/> <gap/> —<lb/>Equity to call for information at your debtor's hand,<lb/>how would you go about it? Would <add>not</add> you ask him at<lb/>once how the matter stands? No <gap/> thing will you do<lb/>if <add>on this occasion</add> your lawyers know their business: for <del>you w</del> in the way<lb/>you might ask long enough before you would get <add>any body would give you</add> an answer,<lb/>No: you must come out <add>first</add> with a string of his first: and<lb/><add>no otherwise than</add> on that condition <del>ask only</del> will your debtor receive<lb/>orders to <del>give</del> <add>confess the truth</add> <!-- brackets in pencil --> [furnish the information and acknowledgment] which<lb/>you have need of is at hand. The very thing which you<lb/>do not know and which <add>to</add> the <unclear>charter</unclear> of Equity knows <add>it is known</add> that<lb/>you do no know, by his instrument the Master in Chancery<lb/>he forces you to declare solemnly that you do know<lb/>stating <del>it in all its detail</del> the particulars of it in detail,<lb/>your lawyer, the <add>Attorney called a</add> Solicitor and the Barrister draughtsman<lb/> casually plan imagination and <del><gap/></del> <add>weaving</add> a tissue of <sic>falshood</sic><lb/>for the purpose. This <sic>falshood</sic> has its Equity name<lb/>and is called the <hi rend="underline">charge</hi>: and the maxim is — every <hi rend="underline">interrogatory</hi><lb/>must have for its support a correspondent <hi rend="underline">charge</hi>.</p> | ||
1824. Decr. 4
Procedure Code
Ch. application
3 §. English practice
If a man owes you money, the nay the Lord Chancellor Lord Eldon
will do what the Lord Chief Justice Abbot will not do, he will
let you ask the man whether he does not owe you the
money, and whether of the facts by which the def debt was
produced the statement you make is not true. Think not
however that on pro mercy or indulgence thus so extraordinary is to
be obtained without. Before you can be admitted to at first,
and that only by proxy, into in the Temple of Equity your honour,
at any rate that whatsoever part of it consist in absence
from lying — detailed and elaborate lying, must be
left at on the threshold. A If a matter of fact of the of concerning which
you're in ignorance, is the exhibition statement of it be necessary to the
establishment of your right to being to —
Equity to call for information at your debtor's hand,
how would you go about it? Would not you ask him at
once how the matter stands? No thing will you do
if on this occasion your lawyers know their business: for you w in the way
you might ask long enough before you would get any body would give you an answer,
No: you must come out first with a string of his first: and
no otherwise than on that condition ask only will your debtor receive
orders to give confess the truth [furnish the information and acknowledgment] which
you have need of is at hand. The very thing which you
do not know and which to the charter of Equity knows it is known that
you do no know, by his instrument the Master in Chancery
he forces you to declare solemnly that you do know
stating it in all its detail the particulars of it in detail,
your lawyer, the Attorney called a Solicitor and the Barrister draughtsman
casually plan imagination and weaving a tissue of falshood
for the purpose. This falshood has its Equity name
and is called the charge: and the maxim is — every interrogatory
must have for its support a correspondent charge.
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