24 June 1807

(10)

Letter V

II. Litigation

II. Def t malâ fide

II. For the encouragement of the malâ fide defendant whose object is chance of ultimate success by means of intervening casualties.

1. Make the number of these casualties as great as possible: choosing in each instance one as liable to happen as possible: such as the death of the party, the death of the other party, and so forth.

{2. Of the cases in which in each instance the casualty attaches make the description in each instance as intricate as possible, attaches, viz. in such manner as to produce its intended effect, viz. destroying the title of the plaintiff to receive the satisfaction, and thereby exempting the wrong doer (the party to be encouraged) from the burthen of being obliged to render it.}

2. Make as before the length of delay capable of being purchased as great as possible.

In the case where ultimate success on the part of the wrongdoer, the malâ fide defendant - and (what is the same thing in other words) ill success of the cause of the side of the party wronged, the plff. is the natural result of the delay, for example where it is produced by deposition of evidence the course of the delay ought to be more particularly directed to the affording every obstruction possible to the obtainment of the evidence: for example referring the requisite powers for the performance of the operations (see Table I. Col.2) subservient to the forthcomingness of evidence: under which may be included or not included, the faculty of investigation, the powers constitutive of investigatorial procedure, of the necessity of which to the ends of justice, and the careful exclusion put upon the same in pursuit of the ends of judicature so much has already been said in Letter 4 th.