PRIVATE

17[?] June 1807

Scotch Reform

(1)

1 o

Letter V

Letter V

II. Litigation

III. Plff. malâ fide

3. Def t quare[?] deft[?] malâ fide

One species of malâ fide defendant has been mentioned as bearing in several circumstances a resemblance to one species viz. the one here in question of the malâ fide Plaintiff: viz. in respect of the nature of the end he aims at, the nature of the means employed by him for the accomplishment of it, and the nature of the encouragement or rather the assistance he receives from Judge and C o for that purpose.

Thus was the species of malâ fide defendant who having before the suit put himself in possession of the sum of money, the article of moveable property, the estate, or whatsoever else may happen to be the subject and object of competition, to which he is conscious of having no just right, continues to act in the station of defendant, not merely for the temporary advantage, (in the nature of interest upon capital) obtainable from delay, nor for the hope of seeing misdecision in his favour produced by accident out of the delay, but for the more substantial assurance of remaining master of the field for ever, the adversary, the injured and bonâ fide plaintiff, being become bankrupt either in purse or perseverance.

From the malâ fide plaintiff whose encouragement and power sold to him by Judge and C o comes to him in the shape of the faculty of extortion, the species of malâ fide defendant here in question differs no otherwise than in respect of the circumstance of his being in possession of the subject matter in dispute.