[?] Dec 1807

Scotch Reform

Letter V

[...?] [...?] [...?] Appeal

At this stage of Appeal, as at any other stage, for preventing malâ fide practice there is one course and but one, that brings with it a possibility of proving efficacious: and this is, to prevent being a gainer by it /a man's finding his advantage in it/ in the ballance: that is the maxim which though so seldom proved in practice is not without its place in the books - to prevent a man taking advantage of his own wrong: Advantage to the defendant by the use of the money in dispute, say 12 per cent: costs, (including his own and that portion of the advances which he is obliged to [...?]) say 5 per cent: real advantage by his own wrong, 7 per cent.

Advantage, by use of money, as before, 12 per cent: costs, as above, 5 per cent: interest allowed by the Court to the plaintiff at the expence of the defendant, other 5 per cent: neat[?] advantage to him by his own wrong, now[?] in this case 2 per cent.

Which thus /In every case in which // So many cases/ under the arrangements established by the law a man derives from his own wrong a neat[?] ballance on the side of advantage, though it be but a one per cent, though it be but a fraction per cent, so many cases in which the result is not justice bu a bounty upon injustice, an encouragement for committing injustice: and an encouragement which so far as depends upon the law, [...?] so far as a man understands his own interest, meaning his pecuniary interest, and is governed in his conduct by such his interest, is sure to be effectual.

In all these cases the effect really produced by the law in the direct course[?] of that which it professes /then effect the production/ and is supposed to earn[?] it.