18 June 1807

(4)

Letter V

II. Litigation

III. Plff. malâ fide

Def t. malâ fide

Another point of distinction between the situations of the two species of malâ fide litigants acting in the character of conquerors, is - on the part of the intended suitor, the difference in respect of the facility of obtaining supporters, and consequently in respect of the terms on which the assistance of those of the mercenary class, which is the surest dependence, their support may be obtainable.

Correspondent to the advantage which the ambitious malâ fide litigant in possession has over the ambitious malâ fide litigant out of possession - correspondent in possession, but still greater is the disadvantage which attaches to the situations of the individuals marked out for their respective victims: the disadvantage which the rightful owner out of possession, and whose station in the suit if there be one is on the plaintiff's side, labours under, in comparison with that which attaches upon the rightful owner who is as yet in possession and whose station in the suit is accordingly on the defendant's side.

In possession, so as the subject matter in dispute be convertible into money, or in any other way a source of money employable at the will of the possessor, the subject matter in dispute serves to the malâ fide possessor, in the character of a fund for the expences of defence: so is it in the hands of the rightful owner, the bonâ fide litigant.

Destitute of this resource, the disadvantage under which the rightful owner labours, presses with a aggravated force proportioned in magnitude and energy to its depravity of the system of procedure: to its depravity in every shape, uncertainty, dilatoriness, expensiveness and vexatiousness.