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Bacon's Laws of Maryland
Volume 75, Page 609   View pdf image (33K)
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1763.
13  FREDERICK Lord BALTIMORE.
CHAP.
 XVIII.

Notes, Bonds,
&c. given for
Money, to be
void if the
Debt was
contracted for
Tobacco before
May 16,
1747.





If Execution

be issued, in
such Case,
the Party may
sue an Audita
Querela.















To prevent
the Defendant
from Injury,
the
Plaintiff may
be interrogated
on Oath.











Punishment
for false 
Swearing.


Contract for
Tobacco in
Specie, to
stand good.
    LXXII.  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 entitled, 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.

    LXXIII.  And be it further Enacted, That if any Judgment hath been rendered,
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 entitled, 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, 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 give 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 Defendant's Costs.

    LXXIV.  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 Action shall be commenced, to examine and interrogate the
Plaintiff or Plaintiffs, upon his or her 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 then
and in such Case, the Plaintiff or Plaintiffs, shall be Nonsuit, and pay the
Defendant's 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.

    LXXV.  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.

    LXXVI.  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 Sixteenth 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.

    LXXVII.  And be it further Enacted, That all Bonds (with Power of Attorney
to confess Judgment) taken for Money in lieu of Tobacco, between
the Fifteenth Day of May, Seventeen Hundred and Forty-seven, and the First    



 
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Bacon's Laws of Maryland
Volume 75, Page 609   View pdf image (33K)
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