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9 May 1807
Letter VII Recapitulate & Anticipate
Judge & Co general instruments
for encouragement of mala
fide litigation
1. Uncertainty
2. Delay per se
3. Delay as a cause of uncertainty.
Wrong or the belief or apprehension
of it the condition precedent
to suits
[+]3 Means of promoting suits
commencement of suits
C On the pltff side
2. On the part of the bona
fide pltff general pressure
of satisfaction
[+] 3 2. On the part of the mala
fide plff
1. Experience and vexation
thrown on defendts side:
being of itself so much
2
suffering
2. do as a means of
deterring2 or disabling1
him from effective defence —
thence as a
means of undue profit to
plff by putting him in
possession of the property
or other object unjustly not his due
claimed.
3. Uncertainty of the law
on which defendt defence
depends — as above. See
4. Delay — viz. length of
the time that must elapse
before defendt suffering is
at an end.
II — on Def.t side
I. Object burthen Plff without any right to any thing
1. Defendant different less, total success
sure — but no motive
unless subject matter is worth
more than cost
2. Defendant destitute — but finding
support from sympathy or
self requiring interest —
Compromise the natural result:
thence in case of support
from sympathy, the oppressed
shares part, the oppressors
go shares the rest with Judge &
Co See Defence of Usury.
3. Support from selfish owners
property shared in 2 or 3
parts accordings in those as
no compromise or
II. Object Simple Oppression
1. Success sure if defined the
compleatly destitute of the means
of resisting
Per contra in that case success
is allied with motive
viz plffs costs unre in lots: In this case Plff as right or slender if the right to any thing
2
1. Single seated Judicature
good. Lords ready to
act as Ordinaries externaly
2. Appeal right not to stop
Execution
3. Interest ought to be allowed
4
accompanied
with
Wrong is Injury or the
belief or expectation of it is a
condition precedent to all
suits. —
II. Suits mala fide or Defendts
suits side
To promote multiply wrongs is
therefore the general designation
of the main and
constant indications on the
part of Judge and Co
Wrongs serviceable to
Judge and Co are distinguishable into —
1. Wrongs through ignorance on
both sides and in bona fide
2. Wrongs precedent to litigation,
and in regard to
which litigation is recurred
to as an increase
of redress.
In respect of these the
party injured is bona
fide plff: the wrongdoer
frequently mala fide defendant. [+]2
III — Guilt mala fide on plff side.
III. Wrongs of which litigation
is itself the instrument,
and the commencement
of which is co-temporary
with the commencement
of the litigation.
In respect of these the
wrongdoer is plaintiff —
mala fide plaintiff: the
Defendant, the party injured
Means of engaging a man
knowing himself in common of being in the wrong,
to enter now and continue in
the nature of plaintiff — mala
fide plff
[+]3
2. If plff has but a right
to any the smallest sum
he may impose upon defts
an expense of £15 without
any to himself. But then
some previous transaction
betime
1 A. to collect B to decide
a bad plan incompatible
with justice.
2. Evidence laws if disregarded
in practice.
3. Utility of investigation
(tho' admission confined to
cases of fraud)
[+] I. Fostering uncertainty
in regard to rights and with their correspondent obligations
1 bona fide built on both sides
thence promoting bona
fide suits — i.e. when both
parties are in "bona" fide
1. General uncertainty of the
law
Means of Arrangements to for possessing general
uncertainty of the law.
1. Keeping the rule As in the Form of
in the start of preponderant
time.
2. Keeping the materials of
jurisprudential law unknown
in a state of unability.
3. Keeping them in a state
of unibility by
means of 1. purpose. 2.
4. Keeping the mass of Statutes
law is a state of the greatest
confusion possible.
4 As to the substance.
1. To prevent it being capable
of being reached and anticipated by
human reason rational conclusion, making it
as irrational and absurd
as possible
2. Ex.gr. in regard to
Contracts including those / of Conveyances) attaching upon
the general rule for
which the sanction of the law
is lent to Contracts, as
many irrational and
unenforceable exceptions
as can be devised
between the persons or those whose
representatives they are.
III: Object
Plffs right in the dubious
road taken
1. Defendant comparatively
unable then the advertisement
to to the Plff
except Plff frequently
at the charge to defend a
defendant at a disadvantageous
compromize.
[+]2 Means of engaging a
man knowing himself to be in the
to
hazard the obligation of taking
upon him 2 that eventuality to take
upon him, and persevere
in the status of defendant
(mala fide defendant)
instead of complying with abstaining from
doing the wrong or complying with
the just demand.
1. 2.3.4 — Fostering uncertainty in
regard to the rules of
as above, and then rendering
it uncertain whether
the plaintiff has
a right or no —
or the what comes to the
same thing whether he has
any and what remedy.
5. By factitious delay, and
compensated for, securing
to him interest or profit
on the capital in question
during the defence
6. In the case of his insolvency,
serving to him
the faculty of purloining embezzling
or dissipating the sub
capital in dispute, during
the defence.
7. Providing a shapes
the more the better in which the property of
the Defendant may be including the subject matter in dispatch
secure against execution.
8. Keeping down the quantum
of satisfaction, lest
its deficiency for value by reason
of uncertainty and remoteness
being made up by
quality, it should deter
the proposed defendant form
entering upon or beginning or from continuing
to act in that character
9. Keeping down the
quantum of every any other
pecuniary allowance attached to the
decision in the event of
its being in favour of the
Plff i.e. against the
defendants + ex.gr.
that which in money and
even in cases
under the name of costs in regard to ex. gr. attaching to the general rule for allowance of costs by which costs are allowed exceptions as necessary diversified and
irrational, thence as unavoidable and unforseeable as possible.
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Identifier: | JB/122/056/002 "JB/" can not be assigned to a declared number type with value 122.
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1807-07-14 |
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122 |
Panopticon |
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056 |
JB to Audit Office |
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002 |
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Correspondence |
1 |
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"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.
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D3 |
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IPING 1804 |
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Bernardino Rivadavia |
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1804 |
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See note 6 to letter 1929, vol. 7 |
002 |
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