Page:United States Reports, Volume 2.djvu/116

 are Casts ruled and adjudged in the ‘ Wyo, approved by the Court, that fueh a rule could notbegranted tory rule to try at the next term; under which the Court faid, the would order the jury to be qualilied. ' igvy for the plaintit}`; Sejmnr for the defendant. - Bottcsn wp: Scans. N a Capiar returnable to the prefent term, Lrwir this day O moved for a rule to {hew the plaintiil"s caufe of a£iion, and why the defendant {hould nor be difcharged on common bail; offering, at the fame time, to file an agreement, that the queltion might be heard before a tingle judge at his cham- bers. Bradfard objeéted, that this being the lall day of the term, the motion was out of feafon. He did not difpute the power of the Court; but he appealed to their difcrction, whether it would not be unreafonable to fufpend the caufe for three months, by granting the rule at fo late a period. Br wma Comer :—The motion is certainly out of time. Bo- fore the return of the Capiar, a queition of bail may be brought ’ - before States; and by the letter of Mr. Lewis, Judge of the dillrié} court of the United States, that in Penni} lvania the rule is, that where neither the creditor nor any agent, was within the Rate, no intereli was allowed; where either remained, they gave in- tereli. . In all the other (lates I believe it is left diferetionary in the _eourts and juries. In Mall'aehul`ets, the praflice has varied. In No- vember, 1784, they inllruét their delegates in (Iongrels to ailt the determination of Congrefs, whether they underflood the word ‘ dehts’ in the-treaty as including interell ? And whether it is their opinion, that interell: during the war lhould be paid P And at the fame time they pal`: the alt direéitng the counts to fufpend rendering _ judgment for any interell that night have accrued between April rg, 1775, and january ao, r78_;. But in 1787, when there was s gene. ml compliance enaéled through all t. e United States, in order to fee if that wouldpredute acounter-compliance, their legillature palled the ZG repealing all laws repugnant to the treaty, and their courts, on their part, changed their rule relative to intereli during the war, which they have uniformly allowed iince that time. The circuit court of the United States, at their lillions at in rygo, de- termined in like manner that interell ihould be allowed during the war. So that on the whole we fee that, in one liate, interell duri g the war is given in ever eale, in another it is given wherever the creditor, or any agent {br him, remained in the country, fo as to be aecellible; and in the others, it is left to the courts and juries to decide, according to their diferetion and the circumliantes ot"' the cafe.
 * ,y`; againli the commonwealth, the motion was made for a percmp-

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