PRIVATE

June 1807

(1)

Letter V

II. Litigation

II[?]. Def t. malâ fide

The exertions of the Judge and C o technical system has succeeded in breeding a sort of mongrel or amphibious monster, a malâ fide Defendant, whom one knows not well under which of the two species to rank, the solvent or the insolvent. Solvent he is or may be to any amount, but by giving him a sort of licence for cheating, they have contrived to enable him to unite in his person the advantages of insolvency with those of Solvency.

To him, the plaintiff, who has obtained a decision in his favour, the decision is of no use, any further than execution acording to the decision is the consequence. Execution can not be had any further than such persons and things as it regards are forthcoming, in readiness to be put, and when the time comes actually put into that state by the putting of them into which the execution of the judgment is performed.

Suppose now among the variety of shapes of which property is susceptible, one is more pitched upon for the purpose, and a regulation established according to which, to whatsoever amount a Defendant may have been adjudged to make payment, on condition of giving to his property or whatsoever part of it he pleases into that shape, it shall stand exempted from execution, insomuch that the judgment shall, having no power over it, be defeated and set at nought. Among these shapes the more considerable in extent and number such of those to which this convenient property could be bestowed, the greater it is evident the premium afforded to dishonest men for engaging them to enter the lists of litigation, viz. on the Defendant's side.