JB_094_480.xml

Title: [30 Jan y 1808 Appeals 3. Interest]

Description: 30 Jan y 1808

Appeals

3. Interest allowed

Viwed in its proper light this remedy such as it is will be seen to [...?] a satire upon the system which gave birth to it. In addition to the 5 per cent interest, compound interest at the same rate! At what point of time is it that the first addiction thus to be made to the ammount of simple interest would commence? At the [...?] not [...?] than half a year after the first payment on the [...?] of the simple interest had become [...?]: so that for a delay that [...?] but a day of half a year, the value of the remedy as equal to 0. At 5 per cent at the end of 14 years, the principal when the interest is computed in the mode of compound interest doubles itself. [...?] now to a commercial man who in the character of plaintiff has been having[?] the whole time commercial profit, and that his[?] compound though it be but the [...?] of the rate of commercial, profit - viz 12 per Cent, the calue of this remedy. At the end of the years or thereabouts instead the ,5 which be at sample interest he would have raised[?] for the interest of the first year on the principal of ,100 to he will receave ,10: at the end of the years 2 per cent less than he ought to have receaved at the end of the first year.

To [...?] enormous a pitch. must the mass of factitious delay have been swilled[?] before this pretended remedy whether in the character of satisfaction to the party wronged, or of punishment to the wrongdoer, can have become any thing better than chip[?] in porridge.

JB_094_526.xml

Title: [6 Feb y 1808 Appeal Principle]

Description: 6 Feb y 1808

Appeal

Principle

25 But whether money be or be not commensurable with the wrong, if on the score of compensation money be allowed, the distinction between principal and interest ought still to be observed, interest ought to be allowed in addition to principal: otherwise the influence of the principle which forbids the supposing a man to take advantage of his own wrong, will fail[?] of extending itself to cases /not extend itself to these cases as to others /of this sort /to these incommensurable cases/.

26. Let ,1,000 for example, be the compensation money allowed to a father for the seduction of his daughter, allowed as in English practice, by the verdict of a Jury: and let a year be ther interval length if time betweeen the day of the wrong committed, and the day of the verdict formed. In this case even supposing the money paid on the day of the verdict found, and the rate of interest allowed the non-commercial rate, not ,1,000 only but in the case of simple interest ,1,050 ought to be the sum paid: But in practice, the money never is paid on so early a day as that on which the verdict is delivered. Therefore to interest up /down/ to the time on which the verdict is delivered ought to be added interest up /down/ to the time on which the money is paid.

To make a distinct allowance in the score of interest as above would to a Jury, though in practice never done, not be physically impracticable /impossible/: but to render /compleat/ the compensation compleat by continuing the interest dwon to the time of payment would be impossible.

JB_094_429.xml

Title: [Feb y 1808 on L d Eldons Bill]

Description: Feb y 1808

on L d Eldons Bill

Behold a simple judgment for money /,1,000/ served by a [...?] of hand for that sum, origin of debt unregarded, ,1,000: judgment for ,1,000 due from a tenant to a landlord, on the [...?] of real, after years of manufactured delay bought at different delay shops, ,1,000 or the first ,1,000 indeed[?] has been allowed: or the other ,1,000 refused as if one of the two cases were more or less capable of yielding interest than the other.

Of the proceeding in the Court of Exchequer, there are scarce any Reports, not[?] mint[?] ones.

When you have got your judgment for your money, and that judgment affirmed after the year's delay made[?] a portion[?] of doubt where there was none, would you know whether the reparation[?] thus professed to be made will be made or[?] no? Go to a lawyer, or go to an astrologer: the lawyer's opinions Attorney and Counsel together, will cost you two or three guineas: the Astrologers you may have for half a crown: the value of the opinion, the means of knowing are upon a par in both cases. The astrologer will pretend to consult the stars: the Counsel will not pretend to consult the Judges: yet of this subject the value of the Counsel's opinion have anything to distinguish it from that of any other, it must be from the table talk of those dignitaries /luminaries/ and the good fortune that has placed his case[?] on the way to catch, that the superiority must have been deserved.

Of the proceedings of the Court of Exchequer there are scarce any Reports; not[?] /no/ mint[?] ones[?]. But if the sum[?] had been uninterrupted from /continued down without/ the time of the first Edward to the present what in this case would any one be the wiser? The fact is that in this had[?] /occasion as in so many others/ the Judges are /most compleatly/ at liberty to give to a man or refuse to him his money, as they please /happen to be in [...?]/: if their fancy be to give it to have[?] the case of the side[?] of [...?] is their sufficient warrant; if to refuse it to him, the case of the money due for rent.