JB/056/269/001

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1828 July 25
Jud

Preface ?
Equity procedure

☞ From p.6.

65 or 13
After a man is made
a liar by Equity Judges; he
is made honest by

After the Equity Judges have, as above, succeeded in
making a man a liar, if in a fool and phrase composed of
four words all together not presenting any determinate apposite
idea (a). Note (a)
(a) "So help you God" if pronounced by a one man who is paid a shilling for
it (other shillings and pound into the bargain being in the background)
convert him into an honest mana man of honesty and sincerity: and so, toties
quoties, as often as the his transfiguration into to the two
opposite characters of Plaintiff and Defendant is repeated.
Such is the supposition acted upon: and when before power for
acting on the ground of the supposition, and acting with effect
is present, to what a degree the supposition is an extravagant
one, is of little consequence.

Back to p. 5

68 or 16
In Equity examination of witnesses
quite different person of a witness
from do. of party-witnesses
See Rationale of Evidence.

In these same Equity practices, when the evidence of an
extraneous witness causes to be elicited the elicitation is performed
in a manner altogether different from that in which it
is as above performed as above, by or upon a party witness was a class
mode of elicitation different, person and description of the elicitator — [employed
in the proof of elicitation] different likewise mode of examination
secret oral but secret; interrogations none but what are
contained in or deduced from a paper drawn up by an
assistant of a party, is deduced from it by a Clerk or other
person who in this case is employed to act as a substitute
to Judge and Jury and Advocates on both sides

69 or 17
Allowed in Equity & Common
Law — Affidavit Evidence —
what?

Another mode of eliciting evidence — a mode employed
in Equity: as well as Common Law practice is by
Affidavit Evidence The evidence matter contained in an affidavit is, all of it in writing: between the ground
of demand and the evidence adduced in support of it
the confusion compleat: the allegation statement called pleading in other modes of practice
and the matter designed to operate as evidence being melted
together in one mass, the evidence thus self-elicited is — the whole
whole of it self serving
evidence. On any
one or more of
these one sided masses
of self-serving evidence
the decision may be and
frequently is grounded.
But the like evidence is
also, if tendered, received on the Defendant's side likewise: and the attestation thus begun, may be carried on to any length by a mixt crowd of advocates composed
of parties on the both sides in any number with their several sets of extraneous witnesses.

Identifier: | JB/056/269/001"JB/" can not be assigned to a declared number type with value 56.
Date_1	1828-07-25	Marginal Summary Numbering	65 or 13, 68 or 16 - 69 or 17
Box	056	Main Headings	Procedure Code
Folio number	269	Info in main headings field	Jud
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	C7
Penner		Watermarks	B&M 1828
Marginals	George Bentham	Paper Producer	Arthur Moore; Richard Doane
Corrections		Paper Produced in Year	1828
Notes public		ID Number	18325
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