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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 66   View pdf image (33K)
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66 MARYLAND COURT OF APPEALS

First the pit Thomas Tench Sues the Said Wm Hopkins of a plea of
Trespass upon the Case for Severall Summes of Tobbacco in all Amounting
to the Sume of five thousand Six hundred and Twenty pounds of Tobbacco
and although the Said William Hopkins did Afterwards pay to the Sd Thomas
Tench pit the Summe of three Thousand Two hundred Thirty [98] Six
pounds of Tobbacco yet as to the Summe of Two Thousand three hundred
Eighty and four pounds of Tobbacco residue of the Said Summe of five
Thousand Six hundred and Twenty pounds of Tobbacco he the Said Wil-
liam Hopkins defendt According to his Promise to the Said Thomas Tench
pit hath not paid allthough often thereunto required as by the pits Declara-
tion and Record i[s] Sett forth to which Action the Defendant pleaded a Cer-
tein Act of Assembly made the 26th day of Aprill One Thousand Six hun-
dred Eighty and four That it was amongst other things Enacted That no
person or persons whatsoever within the Province Shall from and After that
Session of Assembly Ask demand or take directly or indirectly for the Loan
of any Money Wares Merchandizes or other Comoditys whatsoever to be paid
in Money above the Value of Six pounds for forbearance of one hundred
pounds and So after that Rate for a greater or Lesser Summe or for a Longer
or Shorter time Nor Shall any Person or persons whatsoever within this Prov-
ince afd from and After the time afd Ask, Demand or take directly or indi-
rectly for Loan of any Tobbacco Wares Merchandizes or other Comoditys in
this Province above the Value of Eight pounds for forbearance of one hun-
dred pounds of Tobbacco And after that Rate for any Other goods or Com-
moditys for one Year So after that Rate for a Greater or lesser Summe or for
a Longer or Shorter time And all Bonds Contracts Assurances whatsoever
made after the time af" for payment of any Principall Money or Tobbacco or
Goods or Comoditys to be Lent or Covenanted to be performed upon or for
any Usury whereupon or whereby there Shall be above the Rate of Six pounds
in the Hundred in money as aforesaid and above Eight pounds [99] in the
Hundred in Tobbacco or other goods or Comoditys as afd Shall be utterly

Void And that all and every person or persons which Shall after the time af

upon any Contract to be made Ask demand or Take Accept or receive by way
of Corrupt Bargain Loan Exchange Chevizance Shift or Interrest of any
Wares Merchandizes or other thing or things whatsoever or by any Directfull
way for the forbearance or giving day of Payment for one whole Year of or
for their Money Tobbacco or Goods or Comoditys afd Shall forfeit and loose
for every Such Offence the Treble Value of their Money Tobba goods Wares
Merchandizes and other things So lent Bargained Sold Exchd and Shifted as
afd the one half e of the fine and forfeiture to the Rt Honble the Ld Propry and
the other halfe to him or them that Shall Sue for the Same in any Court of
Record within this Province by Action of debt Bill Plaint or Information
wherein no [Essoyn] protection or Wager of Law to be Allowed And the Said
William Hopkins by protestation Saith That he the St Thomas Tench lent


 

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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 66   View pdf image (33K)
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