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DELAY By Writs of Error.
1
The Delays practised compassed by Writs of Error admitt of a very easy and unexceptionable Ren
A to delay, besides Interest, may be spite, which may have purchase a compleat qualification at a small rate when the success of him who hath right may depend upon the exercise possession of an act of in the life of another, & life is about to the miscarriage that must ensue upon the total non-existence of all merits.
2
On the present footing it is matter of Calculation in all cases whether a Writ of Error shall
be brought by an unsuccessful party, in full contemplation consciousness of the absence non-existence of all
merits & contemplation of a consequent miscarriage
3.
For example if the Sum for which the Judgment be given is £1000, the probable
time for which the payment may be delayed by proceedings in Error, one a Year, ad
the probable costs + + which are here capable of a being reduced very nearly to a certainty very precise distinction, since the 2 great sources of uncertainty of expense, Costs of Witnesses & Advocates are cut off have no places
during that time £30 — If the Plff he would be glad to have
money at 5 per Cent, he is 20£ a clear gainer he has the protection of the Law for a clear gain of 20£ without hazard by protracting
injustice litigation: and all the chance that a successful party the party lawfully entitled has of not being wronged of
that Sum is the spontaneous generosity of an exasperated and baffled despairing adversary
When the two strong passions of Avarice & Revenge act in concert and in full security
under the protection of the Law it may be imagined what will be the result: accordingly
it will be found on a moderate computation that 19 such writs out of 20 are
dismissed without an attempt to support them, but not till after having had the full effect for which they were designed in operating a
[manifest] injustice.
4
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Nor is the mischief to the party having right the only one: when it so often happens that the party in the wrong
is driven into this method of aggravating his own distress, when the <add>Interest of Sum in Judgment is not adequate to the Exchange of the</add> and purchasing the forbearance be on the whole
for in this manner of that money at an advanced rate of Interest which he could not get at any other.
And this I believe of the two cases is the most common.
5.
If so ample is the inlet [even] at present to injustice, one may judge what was the
case before that, by a bold stroke of legislation, A Stat. of J. 1st +
+ 3 J 1. c8 c6 J of Car. 2d c.8
made established the finding
of sureties to pay the Debt the condition of staying the execution
6.
6. The subject of the Judgment is either Money or the Possession of Immovables.
Deposit analagous eight per Cent7
When it is money let eight per Cent be paid into Court before the allowance of
any Writ of Error, and the like Sum afterwards for every year of it's depending: this will make it this instance being
evidently a large with a party which to thus taken away, the practise will cease of course.
7.
7. Of the eight per Cent let a part be paid at the rate of 6 be paid to the Deft in Error if successful, for In
Interest: the remainder to be carried to the Principal — If the Plff end Several,
the whole of course to be returned to him
8.
I have said 6 pr Cent, being one pr Cent more than the highest rate of Interest
since it is evident that the possession of the money may in many cases be more
PROCEDURE CIVIL Delay by Writ of ERROR [1.]
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