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June 1805
Evidence
§, 4 – 2. on the part of indigence.
Mala fide litigation, though so naturally the instrument of
oppressive opulence, is not uncommonly, perhaps still more frequently
the desperate resource of helpless dishonest indigence: for the technical system, with its
factitious expence, is alike favourable to dis improbity in every situation,
The difference in this case is, that the assistance advantage to improbity
is derived not directly from the factitious expence, but from the factitious
delays that have been connected with it, and flowing, as above explained, from the same
corrupt source: the expence in this case is being not an instrument
in the case of to oppressive opulence the expence is an instrument and the only
instrument: so dishonest indigence it is so far from being an instrument
it is of course an obstacle; unless in the case were where it happens
to find equal or greater indigence on the other side.
In this case, whether in the hope of final escape through by misdecision, to be produced either by want of evidence by fallacious evidence or by from some of those sources
with in which the technical system is so abundant, whether in the hopes
of final escape, or for the mere advantage of respite, whether to in hopes
for the mere purpose of staving off the evil hour, or in the hope of anticipating escaping from
it by in the wings of intervening prosperity, the malâ fide defendant employs takes up lays hold the
instruments which the technical system puts into his offers to his hand, and employs them
for the purpose of guiding him staving off the demand day of doom. By a forced loan, the force of
which is borrowed of the man of law, the debtor borrows of his injured
creditor this further against the end of the creditor and inspite
of all his efforts, this further time: he borrows it and what
interest? Perhaps no more than a fraction per cent: perhaps some hundreds and or
even thousands per cent: the amount of interest being nearly fixed, and
the amount of principal varying ad infinitum, the rate of interest varies
of course upon throughout the whole range of that enormous scale.
Identifier: | JB/058/379/001 "JB/" can not be assigned to a declared number type with value 58.
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