Synopses & Reviews
Synopsis
Excerpt from A Collection of the Parliamentary Debates in England, Vol. 40: From the Year M, DC, LXVIII to the Present Time
As to bills in equity, it is certain, that no man will ever file fuch a bill, unlefs he expects fome difcovery by the defendant's anfwer. As the law now flands, no man can expect any difcovery from a man with whom he never had any tranfa tions: But by the bill now before us, every man Will have fome encouragement to expeft a difcovery of fomething he may Omake an advantage of by the defendant's anfwer, if fuch defendant ever was a dealer in any of our public funds 3 becaufe, if he ever made a contract contrary to the terms of this bill, he will be obliged to difcover it by his an fwer, and tho' he may be thereby difcharged from the penalty, yet the other party contracting with him is not fo that the perfon who files the bill may thereby make an advantage, either by reco vering the money received by the defendant upon an unlawful contract, or by grounding an infor mation upon that anfwer, for recovering a penalty from the other party concerned in fuch unla vful contract or compofition and therefore, I thmk ii: is evident, that if this bill paffes, the proprietors of the public funds will be more liable to have bills in equity preferred againft them, than any other perfons in the kingdom are.
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