202 



PLEADING, EVIDENCE AND DAMAGES. 



Interest. 



Effect of 3 & 

 4 Will. 4, 

 c. 42, s. 28. 



17 & IS Vict. 

 c. 90. 



In Actions 

 which sound 

 in DamaEres. 



However, by 3 & 4 Will. 4, c. 42, s. 28, it is enacted, 

 '' tliat upon all debts or sums certain, payable at a certain 

 time or otlierwise, the Jury on tbe trial of any issue, or 

 on any inc[uisition of Damages, 7nai/, \f they shall think fit, 

 allow Interest to the creditor, at a rate not exceeding the 

 current rates of Interest, from the time when such debts 

 or sums certain were payable if such debts or sums be 

 payable by \'irtue of some written instrument at a certain 

 time; or if imyahle othermse, then from the time when 

 demand of payment shall have been made in writing, so as 

 such demand shall give Notice to the debtor, that Interest 

 will be claimed from the date of such demand until the 

 term of payment : x>roi'idcd that Interest shall be payable 

 in all cases in which it is now payable by law." 



This provision does not extend to special actions on 

 Contracts, strictly for the recovery of unliquidated Damages 

 resulting from the Breach of such Contracts, and ascer- 

 tainable only by a Jmy, for instance, actions for not 

 delivering goods, &c. (,r). Nor, as it appears, to any case 

 in which the claim is not for a sum certain as contradis- 

 tinguished from one the amount of which is merely capable 

 of being ascertained (//). Its effect is to leave it discre- 

 tionary in the Jury to allow Interest even in the cases 

 specified ; in other cases it is to be taken as limiting their 

 discretion, unless there be proof of a written instrument, 

 whereby the sum certain is made payable at a certain time, 

 or of a written demand of the money containing a Notice 

 that Interest from thenceforth will be claimed ; and in all 

 those cases, in which it was payable by law at the time the 

 act was passed, to make it compulsory on the Jury to give 

 Interest. 



By the Act to repeal the laws relating to usury (;:) , it is 

 enacted, that, where Interest is now piayable upon any 

 Contract, express or implied, far payment of the legal or 

 current rate of Interest ; or where upon any debt or sum 

 of money Interest is now payable by any rule of law, the 

 same rate of Interest shall be recoverable as if that Act 

 had not passed. 



But in all actions which sound in Damages, the Jury 

 seem to have a discretionary power of giving what Damages 

 they think proper ; for though in contracts the very sum 

 specified and agreed upon is usually given, yet, if there be 



(.r) Chit. Contr. 10th ed. 599. 43 L. J., Ch. 560. 



{>/) Bill V. South Stofonhhirc (r) 17 & 18 Vict. c. (»0, s. 3. 



Hallway Co., L. R., 18 Eq. 154; 



