HEPBURN'S CASE.—3 BLAND. 105

using doe industry, had failed to discover any of them, then he
would have so laid that foundation, upon which to claim satisfac-
tion out of the proceeds of the confiscated property of the Molli-
sons which had been taken into the treasury. 1780, ch. 18. And
finally, having failed in every particular; either to shew a want
of remedy; or a want of funds, or an ignorance of funds against
which his remedy might have been directed, his claim left exposed
to the whole force of the presumption against it arising
from lapse of time, by which it is completely covered and extin-
guished.

Upon the whole then, it is my opinion, in the first place, that
there is evidence sufficient to shew, that this claim was actually
*paid by the Mollisons themselves: in the next place, that it
has been justly and absolutely barred and excluded by the 125
special Act of Limitations: 1786. ch. 18, and in the last place, that
the great lapse of time since it became due, without the
delay being in any manner reasonably accounted for gives rise to
a presumption, altogether irresistible, that it must have been in
some way or other, fully and completely paid and satisfied.

Whereupon it is decreed, that the claim of the said John M.
Hepburn as administrator de bonis non, of the late John Hepburn
against the State of Maryland on account of the confiscated prop-
erty of William and Robert Mollison, is utterly unfounded and
unjust; and that the petition of the said John M. Hepburn be
and the same is hereby dismissed. And it is further ordered, that
the register be, and he is hereby authorized and required to take
charge of and safely file and keep among the records of this Court
all the papers, documents, and vouchers heretofore exhibited or
filed in relation to the said claim, subject to the further order of
the General Assembly; and to give copies of all or any of the same,
and of this decree, on being paid the fees allowed by law in similar
cases.