24 June 1807

(9)

Letter V

II. Litigation

II. Def t malâ fide

Directions unexplained savour of arrogance - and of imposture[?] yet cleare[?] and more[?] expression: and the above objections are obviated by this previous explanation:

What remains is to adapt to the situation and character of such species of malâ fide defendant the general rule or maxim - viz. in the fabrication of the delay, enable him to be or what comes to the same thing to expect to find himself, upon the whole, a gainer by it: and of course to the greater amount the better.

I. For the encouragment of the malâ fide defendant whose object [is] combating for intermediate profit by delay.

1. Make the length of delay capable of being purchased by him, as great as possible.

2. Keep down in value, as much as possible the value of every burthen, capable of tending in the character of a check to restrain him from committing the wrong, or if committed, from giving continuance and addition to it, by malâ fide defence: burthen for example of satisfaction of rendering satisfaction for the wrong: burthen of costs: so far at least as concerns the eventual obligation of reimbursing to the plaintiff the disbursements made by him on occasion of the suit.