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Proceedings and Acts of the General Assembly, 1748-1751
Volume 46, Page 119   View pdf image (33K)
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The Lower House. 119


shall take, any Security or Securities for Tobacco Debts, that were
due and owing prior to the making the said Act, where the Creditor
or Creditors shall be paid in Inspected Tobacco, the Creditor or
Creditors shall be, and hereby are obliged to discount one fourth
part of the original Tobacco Debt, According to the true Intent and
Meaning of the before mentioned and this Act; Any Law to the
Contrary notwithstanding, and whereas it may happen that the
Debtor or Debtors, by the Management of the Creditor or Creditors,
may not be able to make appear that any Bond, Bill, Note or spe-
cialty, taken and entred into since the making of the said Act, was
passed for Any Debt or Debts really and bona fide contracted prior
to the making the said Act; Be it Enacted, in such Case, That if the
Debtor or Debtors shall be sued or prosecuted at Law for said Debt
or Debts, that then in Case the Debtor or Debtors shall in Any Court
of Law insist, that he she or they according to the true Intent and
Meaning of the aforesaid Act, ought to have a Discount of a Fourth
of the Debt or Demand, he she or they shall be impleaded for, and
shall alledge any Failure of proof; that then and in such case the
Plaintiff or Plaintiffs in Any Action, or their Attorney or Attorneys
in Fact, may be, by the Court in which such Action or Actions shall
be brought interrogated on Oath touching the Premises; that is to
say, whether or not the Debt or Demand sued for, was A Debt really
and bona fide due before the making of the said Act, and in case
the Plaintiff or Plaintiffs or their Attorney or Attorneys in Fact,
refuse to Answer on Oath touching the Matter, that then and in such
case, it shall be taken tor granted, that the Debt or Demand Sued
for was for a Debt due Prior to the making said Act; and then that
a Discount of one Fourth of the Debt or Demand shall be made,
as if the same had actually been paid or not?

Resolved in the affirmative.

L. H. J.
Liber No. 46
June 11


For the affirmative



Mr Key

Mr Harrison

Mr Bayard

p. 804

Barnes

Middleton

Sheredine


J. Gresham

Dashiel

J. Hall


R. Gresham

Handy

Wootton


Harris

R. J. Henry

Stoddert


H. Hall

J. Goldsborough

Gordon


Hammond

Thomas

Dulany


Worthington

Ennals

J. Henry


Smallwood

Hyland




For the Negative



Mr Carroll

Mr Pearce

Mr Scarborough


Smith

Hopper

Purnell


Lecompte

Robins





 
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Proceedings and Acts of the General Assembly, 1748-1751
Volume 46, Page 119   View pdf image (33K)
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