468 Assembly Proceedings, October 4-November 26, 1763.

Liber H. S.
No. 1

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 execution
be issued, 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 Mortgage
Bill of Exchange Note or other Security 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
Majestys Customs and for the Limitation of Officers ffees 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 Mort-
gage 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

p. 478

as aforesaid That the Plaintiff shall be Non Suit and pay the
Defendants Costs

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

And to the end that no Defendant may be injured by the difficulty
of Proving the facts Be it enacted That it shall and may be lawfull
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
instead and Lieu of Tobacco as already mentioned that then and in
such Case the Plaintiff or Plaintiffs shall be Nonsuit and pay the
Defendants Costs and in Case any Plaintiff 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

[Punish-
ment for
false swear-
ing]

And be it likwise enacted That if any Plaintiff in any such Case
shall knowingly Swear or Affirm falsely and be thereof Convict he
She or they shall suffer as in Case of Wilfull and Corrupt Perjury

[Contract
for Tobacco
in specie]

Provided always and it is the true Intent and Meaning of this
Act that Nothing herein 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 Sixteenth
day of May seventeen hundred and forty seven but that such bargain