JB_092_132.xml

Title: [24 June 1807 (6) Letter V]

Description: 24 June 1807

(6)

Letter V

II. Litigation

III. Def t. malâ fide

To the malâ fide defendant combating for the faculty of embezzlement or dissipation at his choice, mesne profit is no object. His plan for enjoyment is not limited by time: his views comprehend the whole of the subject matter: the whole of its value.

But which combating in his own character as above with or without thinking of it, he is combating in the character of the malâ fide defendant, whose object is ultimate success, through the medium of intervening casualties: at any rate, so long as the combat lasts he is giving himself the same chance.

JB_092_116.xml

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.

JB_092_085.xml

Title: [15 Dec r 1807 Scotch Reform 2]

Description: 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.