25 June 1807

(5)

Letter

II. Litigation

Concluding Observations

Under the article of expence, there is one great head, that of taxes paid in the written instruments of procedure, out of which, as Judge and C o will be ready enough to observe no lawyer's profit ever is or can be extracted.

Thus far may be allowed to them. But should they proceed so much further as to aver that the operation of these taxes is upon the whole to their disadvantage, there the admission must stop.

If they lain[?] upon the bonâ fide suits they are losers, upon these malâ fide suits in which the malâ fides is on the plaintiff's side, they are gainers. If upon those malâ fide suita in which the malâ fides is on the defendant's side they are losers on the one hand, they are gainers on the other.