JB/056/265/001

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1828 July 25
Jud

Preface ?
Equity procedure

58 or 6
At Common Law mendacity
licensed — at Equity
made injunctive.

Licensed and no more than simply licensed in Common
Law practice, in Equity practice mendacity is
made matter of obligation. No mendacity no relief.
The length of the written pleadings receives proportionable
improvement, demand ground of demand a flaw and
fact and evidence for satisfying the judge that the individual
fact in question comes within the general description given in
the law of the sort of facts to which the law is meant
to apply, all these are confounded together, the matter
by which they are conformed employed in making the conference being paid for at so
much shillings for so many words, the profit reaped by Judge and his subordinate
interests rising and falling with the that profit reaped
by the professional lawyers parties assistants in their several classes and denominations.

59 or 7
Mendacity compelled
by making plaintiff declare
he knows, what in
fact he does not know, in
order to extract evidence from
defendant

As to the way in which mendacity is compelled
it is. The plaintiff is allowed and compelled to take
upon himself by the instrumentality of his professional assistants
the elicitation of the Defendant's evidence. The object is
therefore of course to extract from the Defendant the confession averment
of such facts as make for operate in favour of the plaintiffs side, and
proportionately correspondently in disfavour of the his Defendant's side. what To the
plaintiff In a greater or less proportion what these facts are, are b
is unknown: and therefore it is that he finds himself
under the necessity of obtaining the statement of them from the
testimony of the Defendant. But by the Equity Judges
a rule has been established which says — whatsoever you
do not know and for on that account , by appropriate apply question or interrogatives as they
are called call upon the Defendant
to inform you of, you must begin with saying
that you know. and on that for that purpose For that purpose
in relation to each distinguishable fact you are at liberty
to invent and committ to writing whatever story best suits your
purpose. Every interrogative must have a "charge" to support it: by
charge is meant this
same false allegation for in
to the giving utterance
to each of which two or three words, or any number of pages as it may happen may be employed.

Identifier: | JB/056/265/001"JB/" can not be assigned to a declared number type with value 56.
Date_1	1828-07-25	Marginal Summary Numbering	58 or 6 - 59 or 7
Box	056	Main Headings	Procedure Code
Folio number	265	Info in main headings field	Jud
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	C3
Penner		Watermarks	B&M 1828
Marginals	George Bentham	Paper Producer	Arthur Moore; Richard Doane
Corrections		Paper Produced in Year	1828
Notes public		ID Number	18321
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