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.