16 Apr 1807

Letter V

When it is from delay, mere delay, that the profit flows - the malâ fide appellant is found naturally and almost instantly, on the Defendant's side. A service of this or that description - like, for example, the sort of service most frequently in demand - the payment of a sum of money - is demanded of the Defendant below by the Plaintiff, through the medium of the Judge, the Judge of the Court below. Satisfaction apart, satisfaction on the score of damage by the delay - the greater the length of time that elapses before the defendant pays the money, the greater his advantage.

Such is the effect of the delay, thus stands the matter with regard to every individual placed in the station of defendant, whatsoever may be his condition in other respects.

In this same station the profit proffered to him by Judge and C o through the medium of delay, will be different according to the situation in which it finds him in a pecuniary point of view.

This situation is that of solvency or that of insolvency: and in case of solvency, non-commercial or commercial.

To a non-commercial man the profit by the delay will in ordinary cases be measured by the ordinary rate of interest, say at present 5 per cent: to which in an extraordinary emergency may be added extra profit to an indefinite amount, according to the nature of the emergency.

And so plaintiff's loss.