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Proceedings and Acts of the General Assembly, 1752-1754
Volume 50, Page 338   View pdf image (33K)
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338 Assembly Proceedings, Oct. 2,-Nov. 17, 1753.

Liber H. S.
No. I

And be it further Enacted, by the Authority aforesaid, That all
Inspectors shall annually, in November Court, after the Sale of the
Transfer Tobacco, and one Day before the laying of the County

[Inspectors
to account
every Nov.
Court with
the Justices.]

Levy, account with the Justices of the respective Counties upon
Oath, or Affirmation if a Quaker, for all Moneys received, or which
ought to be received, by them, by Virtue of this Act (except the
Money paid for Nails), for every Hogshead of Transfer: In which
Account they shall be allowed their Salaries, the Rent for Warp-
houses, and other necessary Disbursements, in Pursuance of this Act.

And be it further Enacted, That all Debtors now owing Tobacco,

[A Fourth
to be de-
ducted from
old Tobacco
Debts.]

which did arise due before the Sixteenth Day of May, Seventeen
Hundred and Forty Seven, their Executors and Administrators,
shall, if they pay their Tobacco Debts then due, in Inspected Tobacco,
at Warehouses, in Pursuance of this Act, be allowed by their several
and respective Creditors, their Executors or Administrators, a De-
duction of one Fourth Part of their said Debts or Demands.

[Debts con-
tracted for
Tobacco.]

And forasmuch as several, or most of the Traders, within this
Province, have kept their Books in Money, though in Truth their
Dealings have been for Tobacco, and the Intention both of Creditor
and Debtor 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

p. 77

and Meaning of this Act, deducting from such Debts one Fourth
Part of the Demands, as aforesaid, if the Creditor be paid in In-
spected Tobacco, in Case of Debts due before the Sixteenth Day
of May, Seventeen Hundred and Forty Seven, and not otherwise.

[Notes,
Bonds, &c.
given for
Money, to
be void if
the Debt
were con-
tracted for
Tobacco be-
fore May 16,
1747.]

And be it further Enacted, by the Authority, Advice and Consent
aforesaid, That all Judgments, Bonds, Bills, Mortgages, Bills of
Exchange, Notes, or other Securities of any Kind, for the Payment
of Money, instead of Tobacco, which have been or shall be taken,
in order to elude the Provision made by this Act, or the Act, entituled.
An Act for amending the Staple of Tobacco, for preventing Frauds
in his Majesty's Customs, and for the Limitation of Officers Fees,
made at a Session of Assembly begun and held at the City of
Annapolis, on the Sixteenth Day of May, Seventeen Hundred and
Forty Seven, for the Abatement and Deduction of Tobacco-Debts,
by any Person or Persons whatsoever, to his, her, or their own Use,
or to the Use or in Trust for any other Person or Persons, since
the Fifteenth Day of May, Seventeen Hundred and Forty Seven,
shall be Void and of none Effect.

[If Execu-
tion be is-
sued, in such
Case, the
Party may
sue an
Audita
Querela.]

And be it further Enacted, That if any Judgment hath been ren-
dered, or shall be rendered, and that any Execution hath been, or
shall be, issued, that the Party may sue an Audita Querela; and if
any Person or Persons shall be sued on any such Bond, Bill, Mort-
gage, Bill of Exchange, Note, or other Security, taken in order to
elude the Provision made by this Act, or the Act entituled, An Act



 
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Proceedings and Acts of the General Assembly, 1752-1754
Volume 50, Page 338   View pdf image (33K)
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