JB_094_521.xml

Title: [5 Feb y 1808 on L d Eldons Bill]

Description: 5 Feb y 1808

on L d Eldons Bill

Appeals

[...?] [...?] what a man would like to receive[?] the wrong. Provison[?] in case of wrongs for which [...?] will not allow a man to admitt the existence[?] of the equivalent.

12. The loss of the use of money, in whatsoever of the above ways the loss were produced /occasioned/ a more commercial man can not have /has not/ received adequate compensation, unless he has received over and above the principal, non-commercial interest at the same rate at which, had it not been for [...?] temporary loss be created or if he had pleased might have received it: and so in the case of a commercial man [...?] to non-commercial, commercial interest

13. So a converse[?], from a non-commercial man the profit to[?] will have derived or may reasonably be supposed to have derived from the temporary use of money which by his own wrong was left to that other will not have been compleatly taken away, unless, being a non-commercial man, he has been made to pay non-commercial interest for and during the rime in question, or if /being/ a commercial man, commercial interest

14. To save in general / By a general rule/ the delay, vexation and expense attendant on particular investigation, rates of interest corresponding to the different situations in which we may be placed with reference to /in respect of/ the opportunities of profiting by the use of money, should for the purpose of the purpose of the provisional allowance[?] to be made in the sum of interest to a party wronged, od the restitution to be exacted on the like sum from a wrongdoer be fixt by general rules: his rates rates corresponding to the two terms of the main distinction between non-commercial and commercial money at any rate.

JB_094_522.xml

Title: [5 Feb y 1808 on L d Eldons Bill]

Description: 5 Feb y 1808

on L d Eldons Bill

Appeals

Principle

Say for example non-commercial interest, 5 per cent; commercial interest, 12 per cent: rates

15. These two main rates may each of them, be subjected to ulterior[?] modification /diversions/; viz. as many as can be deduced by any determinate and fixt differences produced in the case of non-commercial by the nature of the property, in the case of commercial interest by the nature of the branch of truth, and in both by the circumstances of place and time, the acedental degree of exigence[?].

16. Whatsoever be the rates there fixt provisionally by general rules it be competent[?] to either party to apply for a variation grounded in the special circumstances in which either himself or the party on the other side is placed: each party alledging by [...?] oath or oath of credulity as the case may be that the interest made by himself has been or as the case is would have been, or that the interest made by the adverse truly has been or would have been difference by such or such an amount from the provisional rate fixt by the general rule. on[?] which application made, it should be incumbent on or at least let it be competent[?] to the Judge at his discretion to grant /institute/ or reform the investigation, and according to the results to substitute any greater or less rte of interest to the provisional rate fixt by the general rule.

17. the provisional rate thus fixt by the general rule may be distinguished by the appellation of ordinary rate: there fixt per [...?] [...?] by /on/ particular investigation, ordinary rates. Extraordinary rates will thus come to be taxed, as costs are taxed.

JB_002_287_001.xml

Title: [18 Aug 1800 4. Moneys, that]

Description: 18 Aug 1800

4. Moneys,

that could not, or would not, have been employed in the purchase

of the proposed paper, but with a view to

circulation: the amount being destined to

be otherwise employed or spent within a smaller or larger compass of time,

in masses or in dribbles, as the money

(cash or Bank paper) would have been employ'd or expended.

been

employ'd or expended on

5. Money coming in in the shape of fixed income,

to an amount certain, and destined for current

expenditure.

6. Money coming in in the shape of casual income,

i e: to an amount uncertain and whether in dribbles or

large masses — and destined (as above) for current expenditure.

7.

Money reserved in the shape of income in

trust in private account: ex. gr. by Land

Stewards, Army and Navy Agents, Guardians, receivers of the

Estates of Corporations — of Estates thrown into

Chancery & See Ch. 13. .

8. Money received in trust, on public account,

on account of the Revenue in its

passage to or from the Exchequer: ex. gr. by collectors and receivers of

the Land Tax — Custom Excise — Stamps —

Assessed Taxes —

Boards and individuals receiving impress money

for various services — See Ch. 5.

9. Money already in capital sums, +

+(whether received on the score of debt, or by

Sale of Lands, Houses, Government Annuities, shares in a Joint Stock

Company, Succession Testament or gradual

accumulation)

under engagement to be laid out on a day, certain

or uncertain,

( Money already in capital almost

not under engagement but waiting for an opportunity of being

laid out in a mode of permanent

investment: ex. gr. purchase of land, Houses, or

Government Annuities shares in a Joint Stock Company — Loan

on mortgage or bond, working of a farm or

establishment of a manufactury.

10. Money already in capital sums, not under

engagement , but waiting for opportunities of being

laid out, as above.