Page:United States Reports, Volume 2.djvu/115

 Bureaus Court- or Pam;/donnie. top he pleafed, attend. If, therefore, the eaufe was put oE at tygo. this time, he hoped. at lealt, a peremptory rule ior trial at the hav`) next term would be entered. B! rmt Comer :-lt would wear an afpeéi of hardfhip, if the trial were to be forced on, at the very time that the plaintif · had engaged the defendant in his fervice, and fent him to a diltanee. But let a peremptory rule for trial atthe next term be entered. Rssruaucs wps Cones. HTS was an aftion on an oliicial bond executed by the ` defendant; and the real plaintiff, having negleéled to flrtlre a jury. the deft-ndant's counfel moved for a rule for trial by provifo; but on a [uggellion from the Attorney General, approved Isrly_flipu'lated.·|· ‘ Si res vi patis rellituendn, refiituendi quoque funt fr- tins a die couerssiunisf fays Wolf, S. 1224. And Grotius • cui pace res conceditur, ei et fruéius conceduntur a te1npare¢·on· sessionis, nots nt•rno.‘ L. 3. C. zo. S. zz. To place the right to inte•efl on money on a level with the right to profits on land, is pIa· ing it more advantageoully than has been hitherto authoriz- ed; and if, as we hare feen. a llipulation to reliore lands does not " include a flipulation to rellore the baekprqjrs, we may certainly conclude a fortiori, that the rellitutiou of debts does not inclnde an allowance ol buck interest on them. Thefe realbna, and others like thefe, have probably operated on the different courts loproduce drcilions, that ‘ no interell lhould run dur- ing the time this general and national calamity Ialled.’ Arid they feem Iuliicient. at leall, to refeue their decilions from that flagrant denial of right, which can alone authorize one nation to come forward with complaints agsinll the judiciary proceedings of another. S. 5;. The {lates have been uniform in the allowance of interellbe- fore and lince the war. but not of that claimed during the war. Thus we knot bythe cafe of Neate’s executors tr. Sands in New York, and Middred 1:. Dorfey in Maryland, that in thofe flakes, intercfl: ` during th• war is difallowed by the courts. By the aét relating to debts due to perfons who has e been and remained within the ene- sny’s pow¢·r,or lines during the late war (palfed May, r·;84.) that Connefiicut left it to their court of chanccry to determine the matter according to the rules of equity, or to leave it to referees. By the cafe of Osborne ·¤. MiHlin's executors, and Hare 17. Al- len, explained in the letter of Mr. Rawle, attorney of the United States { Utbings are to 6e restored Qy nirtueytbe peace, tl-: prq/its are also to be restored from the day of the eellian. ‘ * To svlwmsoeuer a tiring is conccdedéy tb.: peace, ro bim also sbs projirs are conceded, from the time of the concclliou, nur nor nc:.

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