22 June 1807

(3)

II. Litig.

III. def. malâ fide

Costs

So far as concerns delay, factitious delay considered as liable to be fabricated and at the existence or by the industry of the defendant, a burthen to a given value, whether in a pecuniary shape or any other, thrown upon the defendant by the delay, or by whatever may have contributed to the production of it will operate pro tanto as a check tending to prevent his using his endeavours for the production of such delay: and thus whether the burthen in question considered as attaching upon the defendant, be or be not accompanied with any corresponding benefit attaching itself to the plaintiff's side.

Thus it is that defendant's costs - the disbursements made by the defendant for the purpose of carrying on the suit on his side are to the amount of them productive of this effect.

Thus it is that Plaintiff's costs - the disbursements made by the Plaintiff, or rather those expected by the defendant to be made by him, the costs on this side likewise, are in the event of the Defendant's finding himself under the obligation of reimbursing them or any part of them, are, pro tanto, productive of the like effect.