30 June 1807

Letter V

Recapitulation

3. As to such malâ fide causes in which the malâ fides is on the Plaintiff's side: and of which the mischief of which presents itself sometimes in the shape of extortion, sometimes in the shape of simple opposition.

In regard to suits of this description it has been shewn that these owe their birth almost exclusively to the inordinate mass of factitious expence with its attendant vexation. For the prevention of this one of the three branches of undesirable litigation the nature of things admitts of but one remedy, and that is the removal of this factitious part of the mass of vexation and expence.

In these instances the plan of the malâ fide plaintiff may frequently, probably most frequently, be carried into effect without the suits going the length of appeal: it will seldom happen that a proposed victim who in the character of defendant is capable of carrying on the cause beyond the assaye of appeal will not naturally be taken for the subject of such an experiment. i.e. to such a length as, by obtaining judgment in his (the defendant's) favour, to oblige the malâ fide plaintiff either to present an appeal without merits, or to abandon his enterprize.

So far as this branch of litigation is concerned, the tendency of the Chamber of Review is purely mischievous. In general the Plff's wicked purpose will be accomplished without going the length of appeal. But where it is not, the effect of the Chamber of Review is to open to him another stage of appeal, in addition to whatever he had before.