date

PRIVATE 8 July 1807 + C
PRIVATE

8 July 1807

+ C

(1) 12

2 o

Letter V

III. Litig. prevented

Insolvent

Particular directions concerning promotion or abbreviation of malâ fide defences kept a foot for the purposes of intermediate embezzlement, dissipation, or wilful damage in gratification of enmity.

These opportunities being the fruit of technical procedure, the restoration of natural procedure takes them away of course.

{The malâ fide possessor being stopped in his career almost in the first instance of suspicion, and without being preapprized,} surprized, at the very dawn of suspicion, and brought immediately into the presence of the Judge whatsoever may have been his plan - it is thenceforward become impracticable: whatever may have been his destined pay it is forthwith rescued out of his grope/gripe[?]. To whichsoever predicament it belongs that of things or persons, immoveable or moveable, mixt mass of property - person under power - wife, ward, apprentice, male or female, it is, in case of necessity provisionally sequestrated, lodged in appropriate and selected hands.

When the object in demand is money, and solvency (i.e. the proportion of the aggregate of applicable effects to the aggregate of debts due, contingencies taken into the account on both sides) is matter of doubt, the only effectual means of clearing the doubt are thus in hand already.
Similar Items
  • Title: [PRIVATE 4 July 1807 + G]
    Description: PRIVATE

    4 July 1807

    + G

    Scotch Reform

    23

    2 o

    Letter V

    Letter V

    II. Litig. promot.

    §.8. How to breed the several species of Harpax.

    VIII. Directions for the breeding and management of malâ fide plaintiffs.

    There are three distinguishable species of them: but one mode of treatment serves for all of them: if there were three hundred of them you would have no more trouble with them than with the three. You need not so much as bestow a thought upon them: look to the other branches of your husbandry, they spring up like mushrooms under your feet.

    What you have to study is the making the profit you get amongst you, and then the expence out of which it issues and to which it is proportioned, as heavy as possible, so doing you render the number of malâ fide suits of this class, or at least (what is the only thing you need think about) the aggregate mass of profit extractible from them, as great as possible. Maximize the profit, you maximize the expence: maximizing the expence you maximize the number of that class of malâ fide suits in which the malâ fides is on the side of the Plaintiff, whose object is to crush the adversary, and to whom the expence which you have fabricated serves as a milstone for that purpose.
  • 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.
  • 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.