JB/056/273/001

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1828 July 25
Jud

Preface ?
Equity procedure
Fields peculiar to
Equity

79 or 27
Between Equity & Common
Law — line of demarcation
indistinct.

Between the field of jurisdiction of the one sort of Court and the other
to endeavour to draw any thing like an exact line of demarcation would
require a Volume: and supposing the Volume compleated
and in the best possible manner, the proper situation of the law
would in many parts of it remain exposed to doubt.

1 Division
80 or 28
I Peculiar to Equity —
1. In division of masses of
property — moveable
without or without immovable.
For division of mass
of land C.L. may take cognizance
but Equity preferred
because less bad than C.L.

The Common Law sort of Court A few salient points made here suffice.
1 Fields of subject matter of jurisdiction peculiar to Equity Courts Of the division of a vast
mass of property composed of moveable subject matter alone or
moveable and immovable together, th is among the businesses
which the Common Law Court is more employed to take
in hand: it has not the machinery is not possessed by it. with the requisite machinery it has not been provided.
With When the subject matter to be divided is a portion
of an immovable mass of the earths surface, in this case it
is not incapable of being employed in the division process business of dividing it (a).
But in this case the Equity mode Court process being so much less ill
adapted to the purpose than the Common Law Court process, the Equity
Court is the sort of Court most commonly thus
employed.

81 or 29
2. For restitution of
immovable property — in
C.L.: Courts nothing to be
had but money thro' Jury
if wrongdoer prefer thing
to money he pays the money
& vice versa — having always
the advantage over right
owner.

2. Demands Suits by which on the grounds of restitution or otherwise the
property an immovable subject matter of property is demanded.
At the hands of a Common Law Court no one moveable thing whatsoever is
obtainable: if, at the hands of the unlawful possessor the right
owner wishes to obtain it, and for this purpose makes his
application to a Common Law Court, all that th is to be had
of it the Court is a sum of money, the amount of which is fixt by a
Jury: if then the wrongdoer prefers the thing to the money,
he pays the money and gives up keeps the thing; if he prefers the
money to the thing he gives up the thing and keeps the money:
the wrongdoer has then in every case the advantage given him over the right owner.

Note (a)
(a) A Writ of petition is in this case the name given to the instrument
of demand.

Identifier: | JB/056/273/001"JB/" can not be assigned to a declared number type with value 56.
Date_1	1828-07-25	Marginal Summary Numbering	79 or 27 - 81 or 29
Box	056	Main Headings	Procedure Code
Folio number	273	Info in main headings field	Jud
Image	001	Titles	Note (a)
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	C11
Penner		Watermarks
Marginals	George Bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18329
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