PRIVATE

8 July 1807

+ C

(1) 12

2 o

Letter V

III. Litig. prevented

Insolvent

Particular directions concerning promotion or abbreviation of malâ fide defences kept a foot for the purposes of intermediate embezzlement, dissipation, or wilful damage in gratification of enmity.

These opportunities being the fruit of technical procedure, the restoration of natural procedure takes them away of course.

{The malâ fide possessor being stopped in his career almost in the first instance of suspicion, and without being preapprized,} surprized, at the very dawn of suspicion, and brought immediately into the presence of the Judge whatsoever may have been his plan - it is thenceforward become impracticable: whatever may have been his destined pay it is forthwith rescued out of his grope/gripe[?]. To whichsoever predicament it belongs that of things or persons, immoveable or moveable, mixt mass of property - person under power - wife, ward, apprentice, male or female, it is, in case of necessity provisionally sequestrated, lodged in appropriate and selected hands.

When the object in demand is money, and solvency (i.e. the proportion of the aggregate of applicable effects to the aggregate of debts due, contingencies taken into the account on both sides) is matter of doubt, the only effectual means of clearing the doubt are thus in hand already.