[...?] June 1805

Evidence

Introd

Ch. Procedure Technical

''.4.2. on the part of

indigence.

''.4. - 2. On the part of indigence.

Mala fide litigation, though so naturally the instrument of oppressive opulence, is not uncommonly, perhaps still more frequently the separate resource of dishonest indigence: for the technical system, with its factitious expence, is alike favourable to improbity in every situation. the difference in this case is, that the assistance /advantage/ to improbity is derived not directly from the factitious expence, but from the factitious delays connected with it, and flowing, as above explained, from the same corrupt source: to oppressive opulence the expence is an instrument, and the only instrument: to dishonest indigence so far from being an instrument it is of course an obstacle; unless in the case where it happens to find equal or greater indigence on the other side.

In this case, whether in the hope of final escape through /by/ misdecision, to be produced either by fallacious evidence /by want of evidence/ or by /from/ some of these sources in which the technical system is so abundant whether in the hopes of final escape, or for the mere advantage of respite, whether for the mere purpose of staving off the evil hour, or in the hope of anticipating /escaping from/ it by intervening /on the wings of/ prosperity, the malâ fide defendant lays hold the instruments which the technical system puts into his /offers to his hand/, and employs them for the purpose of gaining time /staving off the demand /day of doom//. By a forced loan, the force of which is borrowed of the man of law, the debtor borrows of his injured creditor against the end [...?] of the creditor and in spite of all his effort, that further time: he borrows it and what interest? Perhaps no more than a fraction per cent: perhaps some hundreds or even thousands per cent: the amount of interest being nearly fixed, and the amount of principal varying, ad infinitum, the rate of interest varies of course upon /throughout the whole range of/ that enormous scale.