JB/058/381/001

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15 June 1805
Evidence

That The mischief that can not be expressed can not be avoided guarded
against, at least by any exertion of legislative industry wisdom. Let the
name employed for the designation expression of the suits or proceedings planned or carried on
on one side or other in the express view, and for the express purpose of oppression be called distinguished by the denomination of malâ
fide suits, or proceedings: and the act of carrying on one on the
part of any person planning or carrying on any such suits or proceeding
with any such views, let the act of carrying it on be called malâ
fide litigation.

Malâ fide litigation will accordingly be distinguishable
into malâ fide demand and malâ fide defence: under which
last denomination must be included malâ fide aggression out of
court and previous to any suit, but in prosecution of an
eventual design of malâ fide defence.

In general in a malâ fide suit, as thus described, the
mala fides will not be only on confined to one side: that of the demandant
and that of the defendant or eventual defendant as it may happen.
The case of mala fides on both sides a an intentional wrongdoer marks out
an intended victim for his prey.

But the case of mala fides on both sides, though not the most natural
and frequent case, requires to be mentioned as a possible one,
the rather as it is by no means an unexampled one: too two
vultures, each thinking to encounter strike a pigeon, encounter each other in
its stead the stead of it.

Mala fides again, when on the side of the defendant,
may be the resource either of overbearing opulence, or of desperate
or overbearing indigence. On the plaintiffs side, it can never be
the resource of indigence, except in expectation of finding still greater
indigence on the other defendant's side in which case on the side of the plaintiff, though
there is no absolute, there exists, in opinion at least, relative opulence.

Identifier: | JB/058/381/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1805-06-15	Marginal Summary Numbering	6-7, 9-10, 8
Box	058	Main Headings	evidence
Folio number	381	Info in main headings field	evidence
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d16 / e3
Penner	jeremy bentham	Watermarks	1800
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	19050
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