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17 March 1807
(8)
But in this case if it be temerity that is vacant
to be imputed to the appellant, temerity as conveying
a distant idea, and presenting in a direct manner the
ground of the arrangement taken to his prejudice, temerity
I say in the word and not frivolousness is the word that
ought to be employed: temerity, as being susceptible of
but one , and that a clear proper one, as being applied
directly to the conduct of him who in consideration of such
conduct is to be taken in hand and burthened – not frivolousness
as being applicable to either of divers subjects it is difficult to any to
what, and at any rate not directly to human conduct, the
subject for which no attribute is required.
Tinctured or not with temerity, and so again
with male fides the conduct of the Appellant in performing
the Appeal will have been productive of vexation. Was
the production of that vexation his sole or principle object in view?
the pleasure of contemplating that vexation the motive by
which he was attracted? Here is one modification of
male fides. But to keep clear of ambiguity, and lest
a man whose object was no other than the lawful one to gain a possession
what he looked upon as his due right may not be punished
under the name of costs or any other name be punished ir
otherwise afflicted for it, male fides and not vexation is
the mask on which the affliction ought to be stamped.
Identifier: | JB/091/014/001 "JB/" can not be assigned to a declared number type with value 91.
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