26 Oct 1805

Evidence

Security

Ch. Procedure Natural

Beneficial Consequences

13. It is by this means and this alone that the defendant may be secured against remediless vexation from the malice of /vexation inflicted without remedy by/ a malâ fide plaintiff. A man who can not avoid being forthcoming in his own person, ready to abide whatever in case of mal-practice may be his [...?], can have nothing to gain or to lose from the subjecting of his adversary to the same inconvenience at the same time. (a)

Note

(a) Under English Law a man /wrongdoer/ whose intention it is for this or any other purpose to leave the country, may by securing upon his adversary, with or without plausible ground a debt beyond what he can find bail for, consign him to prison, and without danger to himself, for years or for life: as he may leave him loaded with cash dispose[?] without possibility of relief.