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Damages
payable on
dissolution of
injunction,
&c.

Proviso.

rate of six per centum per annum shall be awarded on the principal sum due until the said judgment shall be satisfied, and the amount which is to bear interest and the time from which it is to be paid shall be ascertained by the verdict of the jury sworn in the cause.

Sec. 7. And be it further enacted, That when any injunction shall hereafter be obtained to stay proceedings on any judgment rendered for money in the circuit court of the said district, and such injunction shall be dissolved wholly or in part, damages, at the rate of ten per centum per annum from the time the injunction shall be awarded until dissolution, shall be paid by the party on whose behalf such injunction was obtained on such sum as appears to be due, including costs, and execution on the judgment enjoined shall be issued for the same; and in cases where a forth-coming bond shall have been executed by the complainant, and no judgment shall have been rendered thereupon, the court in which execution shall be awarded, shall direct the said damages to be included in the judgment, which damages shall in all cases be in full satisfaction of interest for the time for which they shall be allowed: Provided, That when the injunction shall be granted to obtain a discovery, or any part of the judgment shall remain enjoined, the court may, if it appear just, direct that such damages shall not be paid, or only such proportion thereof as they may deem expedient.

Sec. 8. And be it further enacted, That in any civil suit or action at law, or any criminal or penal prosecution by information or indict ment now depending or hereafter to be commenced, the court, upon a suggestion in writing by any of the parties thereto supported by

may be re

another.

one county to

oath or affirmation, that a fair and impartial trial cannot be had in the county where such Suit or action suit or action is depending, may order the same moved from sait or action to be removed into the court holden in the other county in the said district; and the same shall be prosecuted and tried according to law, and the judgment carried into full effect; and it shall be the duty of the clerk of the one county to transmit to the clerk of the other county, a copy of the record of the proceedings, and all the original papers filed in his office in the suit or action; and in like manner in any criminal or penal prosecution Prosecution aforesaid, by information or indictment, if the by informaattorney for the United States for the district tion or indictof Columbia shall suggest in writing, under also be his signature, to the court of the county, before removed, on whom any such information or indictment is the district or may be depending, that the United States attorney., cannot have a fair and impartial trial in such county, the court may order the trial to be prosecuted and had in the other county, for which purpose the proceedings and all original papers filed in said cause shall be transmitted to the court of such other county, where the same shall be tried and prosecuted to final judgment and execution.

ment may

suggestion of

from one

Sec. 9. And be it further enacted, That hereafter it shall be lawful for any inhabitant Slaves may or inhabitants in either of the said counties be removed owning and possessing any slave or slaves county to therein, to remove the same from one county another. into the other, and to exercise freely and fully all the rights of property in and over the said slave or slaves therein, which would be exercised over him, her, or them, in the county from whence the removal was made, any thing in any legislative act in force at this time in

Rules for

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either of the said counties, to the contrary notwithstanding.

Sec. 10. And be it further enacted, That in paying the debts of any deceased person, the executor or administrator, who shall hereafter cered or qualify and obtain letters testamentary or of administration in the orphans' court in the county of Alexandria, shall observe the following rules; funeral expenses shall be first paid, next judgments and decrees against the deceased obtained in his lifetime in the said district shall be wholly discharged before any other claims; after such funeral expenses, judgments and decrees within the said district shall be satisfied, all other just claims shall be admitted to payment on an equal footing, without priority or preference, and in equal proportion; if there be not sufficient to discharge all such judgments and decrees, a proportionable dividend shall be made among the judgment and decree creditors aforesaid. In no case shall an executor or administrator afore. said, be allowed to retain for his own claim against the deceased, unless the same be passed by the orphans' court, and when passed it shall stand on an equal footing with other claims of like nature; and it shall be the duty of every executor or administrator aforesaid to give in a claim against himself, and no executor or administrator shall discharge any claim against the deceased, otherwise than at his own risk, unless the same shall be first passed by the orphans' court granting the administration.

Persons ob

testamentary

Sec. 11. And be it further enacted, That it taining letters shall be lawful for any person or persons to or of adminis- whom letters testamentary or of administration tration out of hath been or may hereafter be granted by the Columbia, proper authority in any of the United States or

the district of

the territories thereof, to maintain any suit or may proseaction and to prosecute and recover any claim cute claims in the district of Columbia, in the same manner as if the letters testamentary or of administration had been granted to such person or persons by the proper authority in the said district; and the letters testamentary or of administration, or a copy thereof, certified Certified under the seal of the authority granting the copies of let. same, shall be sufficient evidence to prove the mentary, &c. granting thereof, and that the person or persons, dence. as the case may be, hath or have administra

tion.

ters testa

to be evi

of Alexan

and Novem

Sec. 12. And be it further enacted, That in- Sessions of stead of the sessions as heretofore by law direct. the courts of ed, the courts for the county of Alexandria shall, dria, to be after this act goes into operation, commence held in April on the third Monday in April, and on the fourth ber. Monday in November in every year; and all cases, motions, process, causes, matters and things pending in or returnable to the sessions as heretofore fixed by law, shall be continued and returned respectively to the sessions of the said court hereby appointed to be holden.

Sec. 13. And be it further enacted, That it shall be the duty of the constables of the county of Washington in the district of Columbia, upon a capias ad satisfaciendum issuing out of the clerk's office of the said county, in conformity with the provisions of the act entitled "An act concerning the District of Columbia," to take the defendant into custody, on his failure to pay the debt and costs in such capias ad satisfaciendum mentioned, forthwith, upon the application of the plaintiff, to deliver into the prison of the said county such defendant, to be held in the said prison by the marshal of the district of Columbia until he shall be released by due course of law.

Debtors may

be imprison

ed for small

debts.

Marshal en

Sec. 14. And be it further enacted, That titled to fee. the said marshal shall be entitled to the same fee for commitment and releasement of said debtor committed as aforesaid, and the same allowance for his maintenance, and to be paid in the same manner, as are already provided by law.

Execution upon fieri facias.

Act to com

mence Sep. tember 1st, 1812.

Sec. 15. And be it further enacted, That upon a fieri facias issuing out of the office of the clerk of the county of Washington, upon the judgment of a magistrate, the plaintiff upon such fieri facias shall be entitled to have his execution against the goods and chattels, lands and tenements, rights and credits of the defendant.

Sec. 16. And be it further enacted, That this act shall commence and be in force from and after the first day of September next.

H. CLAY,

Speaker of the House of Representatives.

WM. H. CRAWFORD,

President of the Senate, pro-tempore.

June 24, 1812.

APPROVED,

JAMES MADISON.

CHAPTER CVII.

AN ACT concerning letters of marque, prizes, and prize goods.

BE it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the

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