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Proceedings and Acts of the General Assembly, 1745-1747
Volume 44, Page 628   View pdf image (33K)
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628 Assembly Proceedings, May 16-July 11, 1747

SessionLaws

tioned, that then and in such case, the Plaintiff or Plaintiffs shall be
Nonsuit, and pay the Defendant's Cost; and that in case any Plain-
tiff or Plaintiffs shall refuse to submit to such Examination, such
Refusal shall be deemed and taken to be a Confession or Proof of
the Fact.

Punishment
of a false
Oath

And be it likewise Enacted, That if any Plaintiff, in any such
Case, shall knowingly swear, or affirm, falsely, and be thereof con-
vict, he, she, or they, shall suffer, as in Case of wilful and corrupt
Perjury.

Proviso

Provided always, and it is the true Intent and Meaning of this
Act, that nothing therein contained shall extend, or be construed to
extend, to vacate or abolish any Contract, Bargain, or Agreement,
made for the Payment of Tobacco in Specie, before the said fifteenth
Day of May; but that such Bargain, Contract, or Agreement, shall
be and remain in Force and Effect; any thing in this Act contained
to the contrary notwithstanding.

Bonds, &c.
taken for
Money in
lieu of
Tobacco
between
May 15,
1747, and
the Com-
mencement
of this Act,
to be void
p. 30

And be it further Enacted, That all Bonds (with Power of Attor-
ney to confess Judgment) taken for Money in lieu of Tobacco, from
the fifteenth Day of May, Seventeen hundred and .forty-seven, to
the Commencement of this Act, shall be, and are hereby made void
and of no Effect; and it shall not be lawful for any Justices of any
Court within this Province, to render or give Judgment on such
Bonds, by Virtue of such Power of Attorney; and no Clerk or Clerks
of any Court or Courts within this Province, shall issue or make
out any Execution upon such Judgment: And that during the Con-
tinuance of this Act, no Judgments shall be entered on any Judg-
ment-Bonds, for Money, to be taken after the End of this Session
of Assembly, until the Court, Judge, or Justice, before whom a Judg-
ment is or shall be offered to be entered up be satisfied that the
Defendant or Defendants is or are actually run away; nor even then,
unless the Plaintiff, or his Attorney in Fact, or one acquainted with
the Transaction, makes Oath that the Bond was not passed for a
Tobacco-Debt, contrary to the true Intent and Meaning of this Act.

Deduction
in Debts
now due if
paid in in-
spected
Tobacco

And be it further Enacted, That all Debtors now owing Tobacco,
their Executors and Administrators, shall, if they pay their Tobacco-
Debts now due in inspected Tobacco at Warehouses, in Pursuance
of this Act, be allowed by their several and respective Creditors,
their Executors or Administrators, a Deduction of one fourth Part
of their said Debts or Demands.

Of Debts
due to
Traders

And forasmuch as several, or most, of the Traders within this
Province keep their Books in Money, tho' in truth their Dealings
have been for Tobacco, and that the Intention both of Creditor and
Debitor hath been, that the Payment should be made in Tobacco :
Be it therefore Enacted, That in all such Cases the Creditor shall be
paid in Tobacco, at the general Rates such Creditor dealt, at the
time such Contract was made: And according to the true Intent



 
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Proceedings and Acts of the General Assembly, 1745-1747
Volume 44, Page 628   View pdf image (33K)
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