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Report No. 63

2.18. Section 28 of the Act of 1833 (Lord Tenterden's Act) provided as follows:-

"28. Upon all debts or sums certain, payable at a certain time or otherwise, the jury on the trial of any issue may, if they shall think fit, allow interest to the creditor at a rate not exceeding the current rate of interest from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time, or if payable otherwise, 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; provided that interest shall be payable in all cases in which it is now payable by law."

Section 29 of that Act provided as follows:-

"29. The jury on the trial of any issue, or on any inquisition of damages, may, if they shall think fit, give damage in the nature of interest, over and above the value of the goods at the time of the conversion of seizure, in all actions of trover or trespass de benis asportatis, and over and above the money recoverable in all actions of policies of assurance made after the passing of this Act."

Interest Act, 1839 Back

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