28 Dec r 1806

Scotch Reform To L d Grenville

(9

Resolut. 14

Costs

To the case where the delay has been produced by a speculation of dishonest inquisitors economy the same remedy applies as far as it goes.

But to this the remedy does act over[?] the whole extent of the mischief /disease/: it is a part only not the whole - the /an/ after part not the fore part of the unjust profit that the decision attached upon - the part only and not the whole of the loss /[...?]/ that it attaches upon, and compensates /[...?]/ for /makes satisfaction/.

To take away the motive to injustice, the interest awarded should relate /go back/ to the point of time at which the compensation commenced - taking away then the profit of /by/ injustice if not always in case of mere temerity, at any rate always in case of malâ fides.

Then again as to the rate of interest In a case like this - Would ordinary the greatest ordinary interest be sufficient? Shall it be in the power of a wrongdoer to borrow at ordinary interest of his adversary him whose money he has made himself - of the party whom he injures[?] /[...?]/? In a case like this extra interest therefore presents itself as an allowance as well which [...?] the case /situation/ of the wrong-doer is that of the party argued[?] - whether prevention by force[?] of the of punishment, or satisfaction in the want of the punishments having proved inefficient - be considered.

As to the rate of interest it is a point which /in respect of which/ to be settled according to justice a considerable latitude of discretion must be left to the Judge. So much in default of specific reason for any higher or lower rate. But if cent per cent has been made of it by the defendant, he being conscious of his own wrong, cent per cent should be taken from, and given if not to the plaintiff, to some one - in a word to any one else. No man shall take advantage of his own wrong says the maxim under the technical system so frequently quoted under the technical system, like so many other /the rest/ of these maxims, so misleading - not to say so unfrequently observed.