
    Sarah (a woman of colour) v. Henry.
    Thursday, June 2, 1808.
    Suit for Freedom — Liability of Defendant for Expenses of Keeping Slaves during Pendency of Suit. — Where a negro or mulatto, claiming freedom, obtains an injunction, to prevent his or her being carried out of the commonwealth, before the controversy is decided; the Court will order the plaintiff to be Sept and maintained by its officer, during the controversy; unless the defendant will give bond and security for his or her forthcoming, which, if he fails to do, he will he answerable to the officer for the plaintiff’s expenses, notwithstanding the suit should be decided in his favour.
    The plaintiff obtained an injunction to restrain the defendant from carrying her •out of the commonwealth, asserting her right to freedom, and that the evidence of that right could be- obtained in the county of Accomac. She was*ordered to be kept by the serjeant of the city of Richmond, unless the defendant would give bond and security for her forthcoming. This he failed to do, and, having filed his answer, moved to dissolve the injunction.
   PER CURIAM.

The answer and the record of Accomac County Court clearly shew that the plaintiff has mistaken her case. It has already been decided at law, and there is no case made for the interference of this Court. The injunction must be dissolved.

The next question was between the ser-jeant and the defendant about the expense of maintaining the plaintiff; and the Court held, clearly, that the defendant was bound for her expenses, as he might have retained her in his possession, upon complying with the conditions of the order, and avoided any •expense.

Mr. Wickham then stated that he was not concerned in this case; but that a similar case had been so settled in the Court of Appeals against one of his clients.  