date

[...?] June 1807 (22) (6) Letter
[...?] June 1807

(22) (6)

Letter V

Litigation - Prevent Promot.

II. Def malâ fide

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II. Arrangements for preventing litigation, by preventing wrongs considered as sources of malâ fide litigation, the malâ fides being on the defendant's side.

1.2.3.4.5.6.7. Obviating uncertainty, as above, Pt.[?] I[?]: and thereby giving to each individual considered as exposed to the temptation of doing wrong, the fullest assurance, that in case of transgression on his part, the ultimate and preponderant suffering will fall - not on the head of the party wronged, but upon his own.

8. In case of insolvency on the part of the intended wrongdoer, having in contemplation the commencing malâ fide defendant, making points[?] and in other respects effectual provision, for preventing him from embezzling or dissipating the subject matter in dispute. For particulars respecting such provision, see further on.

9. In particular, so ordering matters, that, whether the wrongdoer be insolvent or solvent, he shall never in any case, so in such suit[?], take advantage of his own wrong, as to withdraw from execution - either the subject matter in demand or any part of it, in species or in value, or any part of that property which by the judgment, in the character of the matter of satisfaction, is or ought to be, disposed of in reparation of the wrong, preserving thereby, as constantly as possible the public eye, from that spectacle, which to every honest eye is among the most afflictive that can be prescribed to it - the triumph of Jurisprudence over Justice.

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II. Devices for promoting litigation by promoting wrongs antecedent to and productive of litigation to be committed by a wrongdoer, who upon the injured party's seeking redress in the station of plaintiff, will thereupon become a defendant; viz. a malâ fide defendant.}

1.2.3.4.5.6.7. Fostering uncertainty and uncognoscibility on the part of the law, as above: and thereby rendering it as uncertain as possible to the proposed malâ fide defendant, whether undeer the law the party injured possesses in point of actual law, the right in question, and if he does, whether he has any and what remedy.

8. In case of insolvency on the part of the proposed malâ fide defendant, securing to him the faculty of embezzling or dissipating destroying or deteriorating, the subject matter in dispute.

9: Providing a variety of shapes the more the better, in which the property of the defendant, including the subject matter in dispute if pecuniary, or equivalent to pecuniary, may in case of judgment given against him, be secured against execution: (a) viz. either to his own use, or to the use of his offspring and others connected with him by the ties of sympathy.

(a) Note about Grant[?] &c.
Similar Items
  • Title: [June 1807 + 8 Letter V]
    Description: June 1807

    + 8

    Letter V

    II. Litigation prevet. & promot.

    [written in columns. column 1]

    Shorten this

    III. Arrangements for preventing litigation, by preventing wrongs, of which litigation would be itself the instrument: the wrongdoer, for the purpose of doing the wrong, becoming himself plaintiff:- and thereby malâ fide plaintiff.

    1. By every particle of money the disbursement of which is exacted of a defendant in the first instance, wrong is due to him in case of his not being bound in law and justice to render up the subject matter in demand, and loss of time is in itself, in particular in the case of all those whose subsistence or income is in any part of it derived from the employment given to that time, equivalent to disbursement of money, taking effectual care that no such obligation to any amount shall be imposed on any person in quality of defendant, untill in some shape or other, real, corporal or extraneous be given by the plaintiff, according to his circumstances for the eventual reimbursement or other adequate satisfaction to be made for such disbursement or other loss.

    and that by [...?] examination of the parties, or otherwise sufficient assurance shall be obtained by the Judge, that the defendant, having good means of defence, i.e. evidence competent to the proof of facts alledged by him in that view, shall never find himself compelled to render up any subject matter in dispute, by any such cause as that of the mere inability to defray the expence necessary to the production of such evidence.

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    III. Devices for promoting litigation, by promoting wrongs, of which litigation would be itself the instrument: the wrongdoer, for the purpose of doing the wrong, becoming himself plaintiff:- and thereby malâ fide plaintiff.

    1. In the direct ratio of its own magnitude, and in the inverse ratio of a man's pecuniary sufficiency, a mass of forced expence with its attendant vexation operates at the same time upon his passive[?], and, upon his active faculties: upon his passive faculties, as an instrument of sufferance in all cases; upon his active faculties, as an instrument of restraint, causing or tending to cause him to abstain or desist from acting in the character of defendant, and thus to abandon to his adversary the plaintiff, the subject-matter of demand, whatever it may be.

    The faculty or power of punishing his adversary, in the character of Defendant with a pecuniary punishment to the amount of the pecuniary expence thus capable of being imposed, with the vexation attached to it in other shapes, as also in case of any relative pecuniary unsufficiency on his part forcing him to abandon (viz. to his adversary) any object in the defendant's possession which to him the plaintiff may happen to be an object of desire, is the commodity which Judge and C o have to sell, and are constantly offering to sale to every man whom they find, or when by this temptation they can succeed in rendering dishonest: viz. such sort and to such a degree as to accept of it.
  • Title: [20 June 1807 (5) Letter V]
    Description: 20 June 1807

    (5)

    Letter V

    II. Litigation

    II. Defend t. malâ fide

    3. Lest, under the head of litigation in this its 2 d shape, comes the insolvent malâ fide defendant: combating for the faculty of embezzling or dissipating the subject matter in dispute.

    The insolvent malâ fide defendant is he, who in respect either of local situation or mode of living, or both finds himself either unable or unwilling to keep his ground: if the subject matter in dispute be a debt, unable or unwilling to pay that debt, and so far as concerns unwillingness thence probably every other which it happens to him to owe.

    Shall he embezzle the money or dissipate it? retain it for his own use or part with it? In the first case, go off with it, send it off, or secrete it? keep it or send it out of the reach of the hand, or out of the reach of the eye of justice? In the other case, give it away or spend it? In each individual instance the choice will depend partly upon the pecuniary circumstances of the individual, partly upon his connections in the way of interest and sympathy, partly upon his taste and turn of mind.

    Whichever of these courses he pursues, to the party injured it makes no difference: unless it be in respect of the chance of recovery that, in contradiction to dissipation, embezzlement may afford, or among the modes of dissipation, donation in contradistinction to expenditure.
  • Title: [1 June 1807 Letter V III Devices]
    Description: 1 June 1807

    Letter V

    III Devices for promoting litigation by promoting wrongs of which litigation is /shall be/ itself the instrument: the wrongdoer, for the purpose of doing the wrong, becoming /rendering himself/ plaintiff: - viz. /and thereby/ malâ fide plaintiff.

    This purpose is answered by the various /divers/ mischiefs the production of which has more commonly some nearer or other /ulterior/ object: viz. /ex. gr./

    1. By the factitious expence attached to litigation, for the sale of the profit extractable from the offence.

    2. By the vexation inflicted on /produced to/ the defendant by the expence and trouble /2.3. By the expence and vexation/ of his defending himself /defence/:

    3. By the uncertainty of the law as above (II 1.2.3.4.5.6.7.) viz. the uncertainty whether even suppose functioning[?] sufficiency not wanting, he may be able, under the law, to defend himself with success: - by this uncertainty, and the vexation attached to it.

    4. By the factitious delay the manufacture of which has its main /principal and more immediate/ objects the profit-yielding expence, be the cause what /which/ it will a bonâ fide or malâ fide cause, and the encouragement it holds out for continuing defence[?], in /commencing and persevering in/ a malâ fide cause in which the malâ fides is on the defendant's side. (as per II.10.)