Page:United States Statutes at Large Volume 5.djvu/554

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5lS 'FWENTY-SEVENTH CONGRESS. Sess. II. Ch. 188. 1842. ever the same are not grantable of course according to the rules and practice of the court. S,,p,cm[, court Sec. 6. And be iz further enacted, That the Supreme Court shall to have pvwer have full power and authority, from time to time, to prescribe, and regu.

.3 g:;’“:i'!‘§5l'h° late, and alter, the forms of writs and other procees to be used and

w;its gw_ s’ issued in the district and 0i1'0`l1iT. courts of the United States, and the forms and modes of framing and Bling hbcls, bills, answers, end other proceedings and pleadings, m suits at common law or m admualty and in equity pending in the said courts, and also the ferms and modes of taking and obtaining evidence, and of obtaining discovery, and generally the forms and modes of proceeding to obtain reliei and the forms and modes of drawing up, entering, and enrolling decrees, and the forms and modes of proceeding before trustees appointed by the court, and generally to regulate the whole practice of the said eongts, so ns to prevent delays and to promote brevuy and succmctness m l pleadings and proceedings therein, and to abolish all unnecessary costs and expenses in any suit therein. Supreme court Sm:. 7. And be it further enacted, That, for the purpose of further {z23v31E;?;; diminishing the costs and expenses in suits and proceedings m the said c0S{s%n the dis. courts, the Supreme Court sha]1 have fu1l p0wcr and authority, from trict or circuit time to time, to make and prescribe regulations to the sand district and °°“"”· circuit courts, as to the taxation and payment of costs m all suits end proceedings therein; and to make and prescnbe a teble of tire various items of costs which shall be taxable and allowed m all suits, to the parties, their attorneys, solicitors, and proctors, to the clerk of the court, to the marshal of the district, and his deputies, and other officers serving process, to witnesses, and to all other persons whose services arc usually taxable in bills of costs. And the items so stated m the said table, and none others, shall be taxable or allowed in bills of costs; and they shall be fixed as low as they reasonably can be, with e due regard to the nature of the duties aud services which shall be performed by the various officers and persons aforesaid, and shall 111 no case exceed the costs and expenses new authorized, where the same are proe vided for by existing laws. interestshnll Sec. 8. And be it further enacted, That on all judgments in civil §’° ?‘*g"g°‘{;“d cases, hereafter recovered in the circuit or district courts of the United ,;;:myund°€, States, interest shall lie allowed, and may be lev1ed by the marshal, unexepution upon dcr process of execution 1ssued t}iere0n, m a]1 cases where, by the lew gEJ¤dgm°¤*¤· of the State in which such circuit or district court shall be held, m- °' terest may be levied under process of execution on Judgments recovered in the courts of such State, to be calculated from the date of the judgment, and at such rate per annum, as is allowed by law, on judgments recovered in the courts of such State. (a.)' Arr1z0v¤1>, August 23, 1842. (a) The decisions of the courts of the United States on the subject of interest have been: The decree on bottomry is to consider the sum loaned and the premium as a principal, and to allow common intgrest on that sum for the delay of payment after it is due. The Ship Packet, 3 Mas0n’s C. C. R. 25 . An administrator is not liable to pay interest upon assets in his hands, unless under special circumstancesm Igegkher is 11 gzuénefé gigfartnershrp accounts before settlement, and a balance struck. Dexter . \ , a 0n’s . . . . U inizgest will nin be allowed a%uinst a trustee holding a fund where he had made no interest, if there be no luches or neglect or use 0 the money on his part. Cassels v.Vern0n, 5 M¤s0n’s C. C. R. 332. Interest on money in the hands of the administrator, is not chargeable where the same is retained in ni? léands wrtilf. gritghngl determine the right of the claimant thereto. Wade v. The Administrators of a c, 1 as " .

 'léhe coiigfllgwgd gxeguéécimury interest paid at Canton, on a note executed there. Cowqua v. Lauer run, as  .

The correct general rule is to calculate interest up to the Eericd when u payment is made, to satisfy which the payment should be first applied; and if it exceed the interest due, the balance is to be applied towards tim payment of the principal; but if the payment is not sufficient to discharge the interest, the principal is not to be increusedgy adding to it the balance of interest due at the time, so as to produce interest on interest. Smith 1:. he Administrators of Shaw, 2 Wash. C. C. R. 167.