date

24 June 1807 (11) 16 Letter
24 June 1807

(11) 16

Letter V

II. Litigation

§.6. 3. dissipatorious

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 destruction in gratification of enmity.

1. Postpone as long as possible, or what is better, avoid and exclude altogether, the performance of every operation by which the state of his circumstances might be ascertained, and in case of necessity, the property secured against the disposition, which a friend[?] of the plaintiff, in one or other of those ways, it may be his wish and his aim to make of it: such as the taking his examination for that purpose at the outset of the cause by and in the presence of the Judge, the taking an inventory of his effects, the lodging them in case of necessity in trustworthy hands, chosen for the purpose, the impounding such of them as happen to be already in such hands, and so forth. For this purpose no special and positive arrangements or precautions will be required. All you have to do is to persevere in the fundamental and inviolable rule you have laid down to yourself, viz. never on any account to hear the parties or any of them separate or together, except at the very end of the suit, when you can not help it by which time the defendant has taken care to convey every thing out of the reach of justice.

2. In this case too, or rather for this purpose in particular, for it is what ought to be done in all cases, make the length of delay capable of being purchased as great as possible. The longer the suit can be made to last, the longer the time he has for placing his person or his property or both, out of the reach of justice. He will be the more surely able so to do, and in so doing he will do it in the most commodious manner and to the best advantage.
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  • Title: [24 June 1807 (12) 17 Letter]
    Description: 24 June 1807

    (12) 17

    Letter V

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    §.6. 3. dissipatorious

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    Description: 1821. April 28.

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