date

6 Feb y 1808 Appeals principles
6 Feb y 1808

Appeals

principles

23 Compensation is not compleat /arguable/ unless and untill the party wronged be put into as good a plight as he coul have been in had no such wrong been sustained by him, committed by the wrongdoer.

19 The time On[?] at which any allowance made on the score of intrest ought /should/ in virtue of a general provisional rule commence on the day on which the wrong came first to be sustained: ex.gr. in case of a wrong consisting in the non-payment of money, the day on which the money became due: and so in regard to all other wrongs, in whatever other shape inflicted and sustained.

20 From this rule exceptions will /may/ require to be made to prevent a man to where money is due from lying by for the purpose of ob[...?] on the score of interest compensation money as[?] well beyond the loss really incurred by him, and or as well beyond the profit really made or capable[?] of being made by the debtor: in which view according to the nature of the transaction /case/ it may prefer to lay it down as and for a subordinate general rule, absolute or provisional, that the day from which the allowance on the score of interest shall be computed shall be the day in which a deman has been made, that demand being accompanied with notice of an instruction[?] to claim interest /allowance on the score/.

21. N.B. One of the devices of the fee-gathering system consists in this that where[?] interest allowed, the day from which it is computed is not [...?] (if so early) than the day on which the judgment is considered as pronounced, that is till the legislation has run its course. The interest up to that day from the day on which the money became due is thus the property offered to [...?] by Judge and C o as the price of Costs.
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  • Title: [6 Feb y 1808 Appeals 26 continued]
    Description: 6 Feb y 1808

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    26 continued

    the more simple the form in which a question can be presented to any judicatory, and especially to a judicatory of which a Jury form a part, unquestionably the better. In a quick example for a Jury to form an estimate of the timw[?] that on the score of compensation ought to be allowed, supposing the money paid on the very day of the wrong done. A Judge of the subordinate class who has nothing to do /whose functions are performed without communication/ with the Jury, is employed to tax costs: the same Judge might with equal propriety, and much less difficulty be employed to compute interest on damages.

    27. Under the fee-gathering system So compleatly irreconcilable are the ends of justice with the ends of judicature, that after the exception made for the few instances in which in the chance /random/ [...?] process of compensation money under the name of damages avoided by inexperienced and uninstructed men without the aid /benefit/ of a simple[?] rule of instruction laid down /framed/ by authority for their assistance, the sum awarded happens instead of falling short of the mark is going beyond it, happens to hit it, it may with confidence and safety be affirmed, that an instance of adequate satisfaction made is without example in English practice. 28. The assertion might moreover be extended to the observance of the rule which /forbids/ forbids the suffering to man to profit by his vast[?] wrong, even it act[?] for the loss inflicted under the name of costs a check the force of which is in an[?] equal degree the [...?] of fashion, and bears no proportion to the end prevented out by that rule.
  • Title: [5 Feb y 1808 on L d Eldons Bill]
    Description: 5 Feb y 1808

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    [...?] [...?] 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.
  • Title: [30 Jan y 1808 [...?] Appeals]
    Description: 30 Jan y 1808

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    3. Interest allowed

    By the terms of that Clause in the Bill no such general rule, nor any other general rule on the subject, is laid down; no such provisional allowance made: the consequence is, that, without a special exertion on the part of the judicatory, the party wronged is left per tanto without redress, the wrongdoer is left in full possession of the whole profit upon his own wrong: the weight /force/ of the vit inertia[?] - no inconsiderable weight /force //power/ on such a judicatory - is thus in every case thrown into the scale of injustice.