6 Feb y 1808

on L d Eldons Bill

Appeals

Principles

22. When the wrong consists in the non-payment of money, the wrong and the compensation, i.e. the compensation obviously suited /adapted/ to the nature of the wrong, exist in the same shape. But whatsoever be the shape in which the wrong has taken place, the compensation may, and in general /for the most part/, without impropriety, be administered, as above, in a pecuniary shape.

24 There are some instances in which although the shape given to the compensation be pecuniary yet, owing[?] to the shape taken by the wrong, the rule which requires that in consequence and in virtue of the compensation received the party wronged shall find himself in as good a plight as he would have been in had no such wrong been committed, can not with propriety be said to have been exactly observed. In this[?] case are those wrongs the seat of which is in the reoutation /of which reputation is the seat/, especially if it be through the medium of the person that the wrong is inflicted. Whatsoever may be his real feelings, a man to whom on the score of compensation for the seduction of his wife or daughter money has been paid can not be expected or consistently with common decency called upon to say now that I have recovered this money I am as well satisfied as if my wife, or as well satisfied as if my daugher, had never been seduced: not accordingly /therefore/, without a fresh wrong offered to his reputation, could the ad[...?] of the satisfaction be pronounced by any other person not[?] excepting him the Judge by whom the compensation had been awarded, not excepted: and so in other cases to a considerable extent, in all which cases, whether it be or be not proper that money should enter into the compensation of the compensation, the wrong, at any rate in so far as money does enter into it, the syffering from the wrong, and the enjoyment from the money are quantities, strictly speaking not commensurable.