CHAP.
    V.
Debts, &c.
may be discharged
in
new bills, &c.

    IX.  And be it enacted, That where any debt, covenant, contract, promise or
agreement, unless for gold and silver, or sterling money, or unless the contract was
made and intended to prevent the payment of any of the said bills, has been created
or made between the first of September, seventeen hundred and seventy-six,
and the twentieth of April, seventeen hundred and seventy-nine, the debtor, or
person bound in such debt, covenant, promise, contract or agreement, may, at
any time hereafter, pay or discharge the same in the said new bills of credit, or the
bills emitted by the act of assembly, entitled, An act to enable the treasurer of the
western shore to draw and sell bills of exchange, and for an emission of bills of
credit, if necessary, by paying in such bills, in the case of money lent, two thirds
of the real value  at the time of the loan, and in case of contracts upon sales of
property, by paying two thirds of the real value of the money at the time the
same was made payable, so that the loss of the creditor and risk of the debtor may
fall as equally on each as the nature of the case will admit; and in case of difference
between the parties, such value to be ascertained, on application of either,
by persons to be appointed by the county court where the debtor resides, whose
determination shall be final; and where any debt, covenant, contract, promise
or agreement, unless for gold or silver, or sterling money, or unless the contract
was made and intended to prevent the payment of any of the said bills, hath been
made or entered into on the said twentieth day of April, seventeen hundred and
seventy-nine, and between that time and the twelfth of June last, or that hath
been made since the said twelfth of June for continental currency, or for convention
money, or bills issued by the acts of assembly under the old government, the
debtor, or person bound in every such debt, covenant, contract, promise or agreement,
may at any time hereafter discharge the same, by paying or tendering one
dollar of the said new bills, or bills emitted by the said act, for every forty dollars
due or payable; and if the said new bills, or bills emitted as aforesaid, should
hereafter depreciate and become of less value than they now are, such depreciation
shall be accounted for and paid by the debtor, or person tendering payment of
one dollar of the new for every forty dollars of the old money aforesaid.  Provided
always, that if any person hath refused or neglected to pay money lent after a 
demand made, or if any person hath broke his contract, by neglecting to make
payment for the property sold at the time limited, or if any person hath neglected
to pay his debt at the day appointed for payment, and the time of payment was
expressly agreed and understood to be part of the contract (the common case of
passing bonds with a day of payment, in which neither party considered the day
to be part of the contract, excepted) and to discover the intention in case of specialty
or otherwise, either party may give indifferent testimony, or on convenient
notice examine the other on oath, nothing in this act shall prevent the person injured
by such breach of contract from suing for and recovering damages equal to
the loss sustained by such breach, such damages not to exceed the real value of
the money contracted, to be paid at the time of breach, with interest, and such
damages may be laid and assessed in the new money, and so much thereof given
or recovered as may be equal to the value of the debt or damages as aforesaid, with
interest.