JB/050/018/001

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DELAY By Writs of Error. 2.

8
desirable than the full Interest for the forbearance

9.
The requisition of an Affidavit of merits made in some cases is a delicate & hazardous precarious expedient
This Interest to be computed from the day of the signing of the Judgment in the
Court below, to that whereon Execution may be taken out — & no longer, that
Party to whom the present possession of the money is a matter of indifference, may
not take advantage of his own delay to keep in fact an extraordinary rate of
Interest.

10.
With respect to immoveables, the value of the subject [of litigation] not being here is not ascertained
it can only be come at by oestimation — The Question is how by what means <add>contrivance</add> the fidelity of that oestimation
shall be ensured?

11.
To leave it simply to either party would be too perilous & trying to their consciences
the one would have live under a strong Interest temptation to reduce it too low, the other to screw it
up too high.

12. The way to remedy preclude <add>guard against</add> this disadvantage this danger is to give find out a method in giving creating in the

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oestimating an interest in the reasonableness of the oestimation.

13.
Now that party must be is either the Plff in Error, or the Deft.

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The Deft. Plff in Error. is interested to reduce the value that he may have the less to pay — the
way to counteract that Interest is by obliging him to take the Sum at which he oestimates
it, for his demand, if he prevails: As is practised in the case of Appraisers by which of consequence, if he assesses
it too low he will be a loser.

15.
But this holds good only in cases where the Plff expects to succeed; which are
the cases in which the mischief to be corrected, subsists: No matter to him how
low the value is which he puts upon it, when the loss occasioned by the difference
is a loss to which he knows he shall not be subject.

16.
16. It remains therefore that the valuation be cast upon the Deft: who if he is
obliged to give what he oestimates it at, in the event of the his ill-success miscarriage, will be
interested in the not fixing the principal value from which the interest is to
be computed, too high: and if he fixes it too low, it will prejudice him with regard
to the Interest he is to receive.

17.
That a sanguine party confident of success, may not have it in his power ++ byto an ++ like the game of Bray

PROCEDURE. DELAY by Writ of ERROR. [2]

Identifier: | JB/050/018/001 "JB/" can not be assigned to a declared number type with value 50.
Date_1		Marginal Summary Numbering	8-16
Box	050	Main Headings	procedure code
Folio number	018	Info in main headings field	procedure civil delay by writ of error
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c2
Penner	jeremy bentham	Watermarks	[[watermarks::j honig & zoonen [lion with vryheyt motif]]]
Marginals	jeremy bentham	Paper Producer	cc1
Corrections		Paper Produced in Year
Notes public		ID Number	16009
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