6 Apr. 1808

Letter V

Ch.3. [...?]

5. In the same view (as for conjecture) instead of executions being stopped of course by the Appeal, as at present the learned scribe ('. 14) gives power to the Court appealed from or to replenish "all matters relative to interim possession or execution, and payment of cash and expences already incurred." In my view of the matter the propriety of such a power is out of dispute. But being a boon and an example in [?] calling as much for such /whatsoever/ limitations may without prejudice to the beneficial part of its efficacy be found applicable to it, the course taken by the learned scribe, as it should seem for that purpose, is in speaking of the discretion of the learned Judges in question, to [...?] that it shall be sound, and in speaking of their regar for the interest of the parties that it shall be just.

In my view of the matter, in the character of a guide to the discretion in question and thus in that of a check, a phrase composed of four other words viz. prevention of irreparable damage, promises rather better /seems to promise/ in point of efficacy. Let it be your [...?] so to order matters that matter in case of your judgments being revised or modified, any damage of an irreparable matter shall to the [...?] of the sort of absolute or conditional execution that you give to it, nor in case of your judgments being affirmed, of the limits /limitations/ which you may think fit to apply, or the condition you may think fit to [...?] to such execution of any as in this case you may think fit to give to it. The ulterior development of this idea will afford matter for another head.