Page:United States Statutes at Large Volume 78.djvu/720

 678

PUBLIC LAW 88-509-AUG. 30, 1964

[78 STAT.

"In an action on a contract for the payment of a higher rate of interest than is lawful in the District, made or to be performed in a State or territory of the United States where such a contract rate of interest is lawful, the judgment for the plaintiff shall include the contract interest to the date of the judgment and interest thereafter at the rate of 6 per cent per annum until paid. '^§ 15-111. Counsel fee in proceeding on bond or undertaking "In a proceeding in the United States District Court for the District of Columbia to recover damages upon a bond or undertaking given to obtain a restraining order or preliminary or pendente lite injunction, the Court, in assessing damages to be recovered thereunder, may include such reasonable counsel fees as the party damaged by the restraining order or injunction may have incurred in obtaining a dissolution thereof." (2) The analysis of subchapter I of chapter 1, title 15 of the District of Columbia Code, preceding § 15-101 is amended by adding: "15-108. "15-100. "15-110. "15-111.
 * '§ 15-110. Interest on judgment on contracts made elsewhere

77 Stat. 557.

Interest Interest Interest Counsel

on judgment for liquidated debt. on judgment for damages in contract or tort. on judgment on contracts made elsewhere. fee in proceeding on bond or undertaking."

(c)(1) Title 16 of the District of Columbia Code is amended by inserting the following to precede chapter 7: "CHAPTER fr-BONDS AND UNDERTAKINGS "Sec.

"16-601. Undertaliing in lieu of fiduciary's bond.

"§ 16-601. Undertaking in lieu of fiduciary's bond "A bond required from an executor, administrator, administrator cum testamento annexo, administrator de bonis non, guardian, committee, collector, trustee, receiver, assignee for the benefit of creditors, or other fiduciary appointed or confirmed by the United States District Court for the District of Columbia, or a judge thereof, or a bond required from a party to a cause or proceeding pending in that court, shall be in the form of an undertaking, under seal, m a maximum jimount to be fixed by the court, conditioned as required by law, the surety or sureties therein submitting themselves to the jurisdiction of the court and undertaking for themselves and each of them, their and each of their heirs, executors, administrators, successors, and assigns to abide by and perform the judgment or decree of the court in the premises; and further agreeing that, upon default by the principal in any of the conditions thereof, the damages may be ascertained in such manner as the court directs and the court may ^ive judgment thereon in favor of any person thereby aggrieved against the principal and sureties for the damages sustained by him, and that judgment may be rendered against all or any of the parties whose names are thereto signed. "The United States District Court for the District of Columbia has jurisdiction to enter such judgments and decrees against the principal and surety or sureties, or any of them, upon the undertaking, as law and justice require. This section does not deprive a party having a claim or cause of action under or upon the undertaking from electing to pursue his ordinary remedy by civil suit. "The provisions of this Code relating to actions, remedies and proceedings upon bonds of fiduciaries apply to such undertakings to the same extent as if undertaking had been expressly mentioned and referred to therein."

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