3 March 1804

Evidence

Securities

Ch. Procedure Technical

''. Engl. Law

Declaration of bona fide - Examples

''. Duration of bona fides - Examples

In here and there an instance the torrent of mendacity and wilful injustice has been checked: checked in the only effectual way in which it could be checked, by bringing /attaching/ home the responsibility in case of mendacity, to the party profiting by it.

Till within the memory of persons still living, every man might have ensigned to prison in the first instance to prison every other, with or without the expence of falshood in respect of the general assertion implied in every legal claim, and without the expence of any particular averment, to which in case of mendacity, mendacity might be imputed. After the business had gone on for ages upon this failing, came at length the statute by which a man who thus consigns to prison another man for a supposed debt, is obliged to swear /make an averment/ in the shape of an /a written/ affidavit, that a debt to a certain amount is owing to him.

Other requisitions, may even be mentioned, which as far as they go are of the same tendency.

In Equity practice /procedure/ to a Bill of Interpleader, must be answered, on the part of the Plaintiff, an Affidavit of Non-collection: that is,

 Go on with instances[?]