From Washington.
Equity. The act of 1810, ch. 12, relates only to the remedy on injunction bonds; the act of 1800, ch. 9, requires the bond to be taken. The mode of proceeding presented by the act of 1810, to wit, by sci. fa., may be pursued on all injunction bonds, whether taken before or since the act of 1810.
RUFFIN, J.
This case comes here upon the objection that the act of 1810, ch. 12, does not extend to this bond, which was executed before the passage of that act. Upon looking into the act, it is found to relate only to the remedy upon injunction bonds, which the Legislature can alter from time to time, as shall seem expedient. The true construction of the act seems to be that the obligee might sue by sci. fa. on all such bonds, whether executed after or before the passage of the act; for it professes only to regulate the mode of proceeding on the bond which the act of 1800, ch. 9, had required to be taken; and we see no reason why the remedy should be different on one bond from what it is on another. Judgment for the plaintiff on the demurrer.
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