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9 May 1807
Letter VII &
Judge & Co general
for encouragement of male
fide litigation
1. Uncertainty
2. Delay per se
3. Delay as a cause of uncertainty.
Wrong or the belief or
of it the condition precedent<lb?>to
[+]3 Means of promoting suits
commencement of suits
C On the pltff side
2. On the part of the bona
fide pltff general
of satisfaction
[+] 3 2. On the part of the mala
fide plff
1. Experience and
thrown on defendts side:
being of itself so much
2
suffering
2. do as a means of
deterring2 or 1
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
<del. I. Object Plf without any right to any thing
1. Defendant <add>different less, succession —
but no motive
useless subject matter is
more than less
2. Defendant destitute — but finding
support from sympathy or
self requiring interest —
compromise the natural result:
thence in case of support<lb?>from sympathy, the
, the oppressed
go shares the rest with Judge &
Co the defence of Usury.
3. Support from selfish
property shared in 2 or 3
accordings in those as
no compromise or
II. Object Simple Oppression
compleatly destitute of the means
of resisting
>foreign>Per contra</foreign> on 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
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Memorialists admissions
in favour of J.B.
2
1. single seated Judicature
good. Lords ready to
act as Ordinaries
2. Appeal right not to stop<lb/.Execution
3. Interest ought to be allowed
4
II Promoting Wrongs
accompanied
with <lb/.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 and
on the
part of Judge and Co
Wrongs serviceable to
Judge and Co are distinguishable —
1. Wrongs through ignorance on
both sides 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
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 injured
means of engaging a man
knowing himself in common of 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
he may impose upon defts
in of
may to himself.
some transaction
behove
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Faculty Committees Admission
in favour of J.B.
1 A. to collect B to decide
a bad plan incompatible
with justice.
2. Evidence if disregarded
in prctice.
3. Utility of investigation
(<sic.tho'</sic> admission confined to
cases of fraud)
[+] I. Fostering uncertainty
in regard to rights and with their<lb> bona fide</foreign on both sides
thence promoting <foreign>bona
fide suits — i.e. when both
parties are in bona fide</p. Means
1. General c=uncertainty of the<lb?>law<lb?>Means of Arrangements to for possessing general
uncertainty of the law.
1. As in the Form the rule of
in the of preponderent
line.
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2. Keeping the materials of
jurisprudential law<del. <gap[/><?Add>
in a state of an .
3. Keeping them in a state
of by
means of 1. purpose. 2.
4. the mass of Statutes
law is a of the greatest
confusion possible.
4 As to the substance.
1. To prevent it being capable
of being reached by <add>and
human reason rational conclusion, making it
an instrument and absurd
as possible
2. ex.gr. in regard to
Contracts including those / of Conveyances) attacking
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
and to to the <sic/Plff</sic>
Plff frequently
at the </del.
from defendant at
analagous compromize.
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[+]2 Means of engaging a
man knowing himself to be in the to
hazard the of taking
upon him 2 that eventuality to take
upon him, and persevere
in the status of defendant
(mala fide defendant
instead of with abstaining from
doing the wrong or complying with
the just demand.
2. 2.3.4 — Fostering uncertainty in
regard to the rule 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,
compensated for, securing<lb?>to him interest or profit
in the capital in question
during the
6. In the case of his insolvency,
to him
the faculty of purloining embezzling
or dissipating the sub
capital in dispute, during
the defence.</p. <p.7. <del. Providing a <gap/.
in which the property the more the better 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 and remoteness
being made up by
quality, it should deter
the proposed defendat formentering upon on</del. beginning or from continuing<lb?>to act in that character</p.
9. Keeping down the
quantum of every any other
pecuniary allowance attached to the
decision in the event of<lb?>its being in favour of the
<sic/Plff</sic> i.e. against the
defendants + ex.gr.<lb?>that which in money and even in
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"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property. |
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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