date

15 Dec r 1807 Scotch Reform 2
15 Dec r 1807

Scotch Reform 2

2

Letter V

Ch.4.

§.5.

Of the genus Stellio[?] in the species hitherto discovered are -

1. Stellio praegravis

(d): Solvent malâ fide Defendant, having possession of the subject matter in dispute, and combating for ultimate success, through indigence and consequent inability on the other side.

2. Stellio tenax

(e): Solvent malâ fide Defendant, combating for intermediate profit, by intermediate use or possession of the matter in dispute.

3. Stellio dissipatorius sivi laceratorius

(f): Insolvent malâ fide Defendant, combating for the intermediate faculty of embezzlement or dissipation.

4. Stellio fortinicola[?] (g): Solvent or Insolvent malâ fide Defendant, combating for ultimate success and intermediate profit, through intervening casualties; such as deposition of evidence, death of one or other party &c. +See Table. Mischiefs of Delay:

5. Stellio iratus

(h): Solvent or Insolvent malâ fide Defendant, combating for the gratification of the irascible appetite, by the intermediate destruction or deterioration of the matter in his possession or power, to the prejudice of the right owner.

6. Stellio cuniculus / vulpes sive (i): Solvent malâ fide Defendant, taking the benefit of the Insolvency-licence, granted to him who, from a shape in which the Judge does not refuse, chooses to convert the matter in dispute the shape of landed or other property, in which the Judge does refuse to lay hands on it, for the purposes of justice.
Similar Items
  • Title: [19 June 1807 18 (1) Letter]
    Description: 19 June 1807

    18 (1)

    Letter V

    II. Litigation

    II. Def t malâ fide

    In the case of the malâ fide litigant, i.e. the dishonest individual considered as exposed to the temptation of becoming malâ fide litigant, to which side soever of the cause his lot has destined him, one rule will serve as above for the description to express the policy of Judge and C o for the encouragment of him, make it his interest to become so: one rule consequently to express the correspondent counterpolicy - make it his interest not to become so - or even negatively thus - to order matter that it shall not be his interest to become so.

    But in each situation a man's interest, meaning on this occasion, his own conception of his interest admitts of considerable diversification having its source partly in the nature of the advantage or gratification he has in view, partly in the nature of the means or opening to which he has in view as leading to the acquisition of it.

    I. To begin with the malâ fide litigant whose station is on the defendant's side.

    Here to bring to view the two systems of policy of Judge and C o and counterpolicy of the legislator we shall have occasion to distinguish the malâ fide defendant into five species -

    1. Solvent malâ fide defendant, combating for ultimate success trusting to the medium of indigence on the other side.

    2. Solvent malâ fide defendant combating for ultimate success through the medium of deposition of evidence on the other side.

    3. Solvent malâ fide Defendant combating for mesne profits.

    4. Insolvent malâ fide Defendant, combating for the faculty of embezzlement or dissipation.

    5. Solvent or insolvent malâ fide Defendant, combating for gratification of enmity.
  • Title: [PRIVATE 9 July 1807 + C 15]
    Description: PRIVATE

    9 July 1807

    + C 15

    2 o

    Letter V

    4. Litigat. promot. 2 o

    §.6. 1. Pragreaves[?]

    2. Tenax

    §.6. How to breed divers species of Stellio. viz. 1.praegravis. 2. tenax. 3. dissipatorious. 4. fortinicola. 5. iratus.

    II. Particular Directions concerning defendants combating for ultimate success through indigence on the other side - see below.

    VIII. Directions concerning malâ fide Plaintiffs. This species of defendant is the wrongdoer in possession: the species of Plaintiff that matches with him is the wrongdoer out of possession: the mode of breeding is the same.

    III. Particular Directions concerning Defendants combating for intermediate profit through delay. See above Directions for the production of Delay, and the documents therein referred to.

    IV. Particular Directions, for the more effectual encouragement of malâ fide wrongdoers in the character of insolvent defendants, combating (viz. through delay) for the intermediate faculty of embezzlement, dissipation, or of destruction in gratification of enmity.
  • Title: [24 June 1807 (7) Letter V]
    Description: 24 June 1807

    (7)

    Letter V

    II. Litigation

    II. Def t. malâ fide

    The two most regular customers whom Judge and C o have for their jus frandandi[?], and the two most distinct from one another on this side of the cause, are the malâ fide defendant combating for intermediate mesne profit by delay, and the malâ fide defendant combating for the intermediate faculty of embezzlement or dissipation. To each of these Judge and C o hold out in the character of a collateral and additional bonus, the chance of ultimate success, by means of intervening casualties.