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October, Anno Domini Seventeen Hundred and Twenty-Four,
Entituled, An Act relieving the Inhabitants of this Province from
some Difficulties they may lie under in paying their Levies and other
just Debts this Year, has not sufficiently reliev'd many People
within this Province, from the Hardships they laboured under, for
want of Tobacco to pay Levies and Officers Fees, but many of them
obliged to pass Obligations to the several Sheriffs within this Prov-
ince, for much larger Sums of Money than ever the Legislature
intended they should be obliged to pay for such Debts, which will
be the utter Ruin of many Families, if not timely prevented :
Be it therefore Enacted, by the Right Honourable the Lord Pro-
prietor, by and with the Advice and Consent of His Lordship's
Governour, and the Upper and Lower Houses of Assembly, and the
Authority of the same, That it shall not be lawful for any Person to
commence any Action or Suit whatsoever, upon any Obligation,
Note, Bill, or other Writing, which hath been given or pass'd this
present Year, for the Payment of any Sum or Sums of Money for
any Tobacco due to any Attorney, Sheriff, or other Officer, for
Levies or Fees, which have arisen or become due since the Twenty
Fifth Day of December, Seventeen Hundred and Twenty Two, but
such Obligations shall be deemed, taken and held to be void, and
both Debtors and Creditors in the same State they would have been
in, if such Obligations, Bills, or other Writing had not been made
or pass'd. And that it shall not be lawful for any Person to take,
demand, sue for, or recover, for any Tobacco which hath arisen, or
become due since the Time aforesaid, for Levies, Attorneys, or other
Officers Fees, any more than the Principal Debt, with Eight per
Cent, for the Interest and Damage for the Non-payment thereof;
any Law, Statute, Usage or Custom to the contrary notwithstand-
ing.
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Session
Laws
[Ch. IV, VI,
VIII of Acts
this Session,
printed in
Vol. 35 of
Archives,
beginning at
427]
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And be it further Enacted, by the Authority, Advice and Consent
aforesaid, That any Person sued for any Tobacco due for Levies,
Attorneys, or Officers Fees, or upon any Obligation, Bill or other
Writing, made or pass'd this present Year, for any Tobacco due
for Levies, Attorneys, Sheriffs or other Officers Fees, may plead
the General Issue, and give this Act and the special Matter therein
in Evidence.
And be it further Enacted, by the Authority, Advice and Consent
aforesaid, That where any Sheriff hath actually paid any Sum of
Money to any Attorney or Officer, on Account of Fees put into his
Hands to collect, which the said Sheriff hath not received, it shall
and may be lawful -f or the said Sheriff to sue for and recover such
Money back from such Attorney or Officer (unless such Sheriff
voluntarily purchased such Fees of such Attorney or Officer:) Any
Law, Statute, Usage or Custom to the contrary, notwithstanding.
37
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p. 274
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