12 June 1807

5 12

Letter V

II. Litigation

General line of policy on the part of Judge and C o and of counterpolicies of the legislator and policy of Judge and C o in regard to the production of wrongs and litigation considered as producible by the operation of the above four[?]/five[?] instruments

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1. So far as concerns the production of bonâ fide suits, the policy of the legislator consists or ought to consist principally in the reduction of that uncertainty in which they take their rise.

2. So far as concerns the sum[?] production of malâ fide suits of both sorts considered together, in so ordering matters that it shall not be either for the interest or in the power, or at any rate that it shall not be at the same time for the interest and in the power of the individual in question to take a malâ fide part on the occasion in question, on either side of the cause.

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1. So far as concerns the production of bonâ fide suits, the policy of Judge and C o has consisted principally in the giving birth and encrease to that uncertainty in which they take their rise.

2. So far as concerns the production of malâ fide suits of both sorts considered together, the policy of Judge and C o has consisted principally in so ordering matters that it shall at once be for the interest and in the power - or at any rate that being already in the power, it shall be the interest, or being already the interest it shall be in the power of the individual in question to take a malâ fide part on the occasion in question, on one side or other of the cause.

In a malâ fide cause, in which, if instituted, the malâ fide will be on the defendant's side, the power existing already; what will be left to do on that side by Judge and C o will be the creation of interest; the interest in community or persevering in the unjust defence, and the instrument by which that interest could most effectually and with least danger to the reputation of Judge and C o be created to him was the delay.