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Proceedings and Acts of the General Assembly, 1752-1754
Volume 50, Page 339   View pdf image (33K)
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Acts. 339


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,
the Sixteenth Day of May, Seventeen Hundred and Forty Seven, as
aforesaid, that the Defendant or Defendants may Plead the General
Issue, and give the Special Matter in Evidence, and if it shall appear
to the Court or Jury who shall Try the Fact, that the Bond, Bill,
Mortgage, Bill of Exchange, Note, or other Security, upon which the
Suit shall be commenced, was given for Money in lieu or stead of
Tobacco, in order to elude the Provision made by this, or the said
recited Act, as aforesaid, that the Plaintiff shall be Nonsuit, and
pay the Defendants Costs.

Liber H. S.
No. I

And to the End that no Defendant may be injured, by the Difficulty
of proving the Fact, Be it Enacted, That it shall and may be lawful
for the Court, wherein any such Judgment hath been, or shall be
entered, or wherein any such Action shall be commenced, to examine
and interrogate the Plaintiff or Plaintiffs, upon his or their Oath,
or Affirmation, in case a Quaker or Quakers, is or are concerned,
for what Consideration such Judgment, Bond, Bill, Mortgage, Bill
of Exchange, Note, or other Security, was passed, and if it shall
appear upon such Examination, that the same was given or passed
for Money, in stead and lieu of Tobacco, as already mentioned, that

[To prevent
the Defen-
dant from
Injury, the
Plaintiff
may be
sworn.]

then and in such Case, the Plaintiff or Plaintiffs, shall be Nonsuit,
and pay the Defendants Costs; and in Case any Plaintiff or Plain-
tiffs, shall refuse to submit to such Examination, such Refusal shall
be deemed and taken to be a Confession, or Proof of the Fact.

p. 78

And be it likewise Enacted, That if any Plaintiff in any such Case,
shall knowingly Swear or Affirm falsly, and be thereof convict, he,
she, or they, shall suffer as in. case of wilful and corrupt Perjury.

Provided always, And it is the true Intent and Meaning of this
Act, that nothing therein contained shall extend or be construed to

[Punishment
for false
swearing.]

extend, to vacate or abolish any Contract, Bargain, or Agreement,
made for the Payment of Tobacco in Specie, before the said Six-
teenth Day of May, Seventeen Hundred and Forty Seven; but that
such Bargain, Contract, or Agreement, shall be and remain in full
Force and Effect; any Thing in this Act contained to the contrary
notwithstanding.

[Contract
for Tobacco
in Specie.]

And be it further Enacted, That all Bonds (with Power of At-
torney to confess Judgment) , taken for Money in lieu of Tobacco,
between the Fifteenth Day of May, Seventeen Hundred and Forty
Seven, and the First Day of December, Seventeen Hundrd and Forty
Eight, 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 Prov-
ince, 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,

[Judgment
Bonds taken
for Money in
lieu of
Tobacco.]



 
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Proceedings and Acts of the General Assembly, 1752-1754
Volume 50, Page 339   View pdf image (33K)
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