The Pennsylvania packet, or, The general advertiser — Lancaster, Pa.;Philadelphia, Pa., 1781-06-12 00:00:00, page 6

fed, or discharged, by a due and legal tender as aforefaid, shall be deemed, construed, and taken to be yet due
ami owing from debtors to creditors, in fucb money or other commodity, asin the laid contracts were express
ed or intended, and the fame may be sued for and recovered in any Court of Justice within this Common
wealth, having competent jurifdidtion, in so much gold or silver money, to be computed after the rates afore
faid, as (hall be equal in value to the debt or duty, according to the terms or intent of the contrast, under the
limitations, provifoes and conditions hereinafter mentioned.
And be it further enabled by the authority aforefaid, That all debts, duties, rents, annuities, and other de
mands, granted or contrasted for by any deed, will, mortgage, bond, specialty, bill of exchange, note,
affampfit, or otherwise, since the said firft day of January, one thousand seven hundred and feventy-feven f
which were expressed or intended to be paid and discharged in any foreign money, or in gold and silver mo
ney of any denomination, or in bullion, or in any commodity, and which have not since been paid and fa
tisfied, or discharged by a due and legal tender as aforefaid, shall be deemed, cduftrued and taken to be yet
due and owing from debtors to creditors, in such money or other commodity, as in the said contracts were
expressed or intended, and the fame may be sued for and Recovered in any Court of Justice within this Com
monwealth, having competent jurifdi&ion, in so much gold or silver money, to be computed after the rates
aforefaid, as shall be equal in value to the debt or duty, according to the terms or intent of the contrast.
And be it further enabled by the authority aforefaid, That all debts, duties, rents, annuities, and other de
mands, contrasted for by any deed, will, mortgage, bond, specialty, bill of exchange, note, affumpfit or
otherwise, since the firft day of January, one thousand seven hundred and seventy-seven, which were expressed
or intended to be paid in any of the bills of credit emitted and made current by any of the ACts or Resolves
of the said Congress or Assemblies, and which have not been since paid and fatisfied, or discharged by a due
and legal tender as aforefaid, shall be deemed, construed, taken and adjudged, to be yet due and owing from
debtors to creditors, in gold or silver money, equal to the value of the sum contrasted for, according to the
rate of depreciation hereinafter fixed and ascertained, which the sum contracted for, at the time of making
such contract, bore to the then price of gold or silver coin.
AND WHEREAS many judgments which yet remain unfatisfied, may have been obtained since the
said firft day of January, one thousand seven hundred and leventy-feven, upon contracts made and entered
into, long before the rendering of such judgments, and before the said bills of credit had considerably de
preciated in value ; and the person or persons in whose behalf such judgments passed, would be great looters
by receiving in gold and silver, a sum barely equal in value to the sum or sums recovered, according to the va
lue of the said bills of credit, at the time or times of such judgments given : For remedy whereof, Be it fur
ther enabled by the authority aforefaid, That in all and every such cases, it shall and may be lawful for the
Court or Magistrate, before whom such judgment or judgments were obtained, due and proper notice
being firft given to the person or persons against whom fuchjudgment or judgments was, or were obtained, to
increase the debt or damages recovered, so as to give final judgment for such a sum in gold or silver money,
as shall be equal in value to the debt, sum or demand, originally contracted for, and upon which such judg
ment was obtained, according to the true and real value of the said bills of credit, at the time of making
such contrast,, to be estimated according to the rate or scale of depreciation, herein after fixed, and to award
execution for levying of the fame..
And whereas in the formation of contracts, words descriptive of the species of money intended to be contracted for since theist
day of January, 1777, may be doubtful, and admit of different and contrary conftrueftions :
Be it therefore evaded by the authority aforefaid, That upon the trial of any cause, where such doubt shall arise, it shall and may be law
ful for the plaintiff or defendant, to produce parole testimony, to ascertain whether the intention of the parties was, that such con
trasts Should be discharged in gold or silver money, or in the said bills of credit, notwithflanding the said contracts are under seal.
And whereas m^tt of the debts contrasted before the firft day of January, 1777, are due and owing from persons, who from prin
ciples of hor^r rd honesty have declined paying their creditors with a depreciated paper currency, when by law they might have so
done, and it would be unreasonable, that such debtors should be compelled to difeharge their old debts in gold or silver money, until it
ffiall become more plenty and easier to be acquired; ^
Be it therefore enatfed by the authority aforefaid. That whenever , any judgment shall be entered in any Court of Record within this Com
monwealth, by default, upon the confeflion of the party, the report of referrees, or the verdict of a Jury, or otherwise, for any sum
of money contracted for before th# firft day of January, 1777, (except all debts due for rent and annuities, in which cases the execu
tion shall goe for the whole principal, interest, damages and colts) the said Court is hereby authorized, if the fame be not ascertain
ed by the said confeffion, report or verdict, to afeertain how much of the said sum of money is due to the plaintiff for the principal
sum due, and how much thereof is for interest, damages, colls and charges, and to give judgment for the whole sum, which judgment
Hi ill remain as a lien upon the real cifate of the defendants, in the fame manner as judgments at Law bind such estate, and thereupon
rhe said Court shall aw^rd execution against the defendant, for so much of the said sum only, as the said interest, damages, costs and
charges shall amount to, which money shall be levied, recovered and paid is gold and silver money, by the Sheriff, computed as afore
faid, according to the course of bis duty and the Laws of the land ; but no execution shall iiTae for the principal sum, until two years
after the end of the present war with Great-Britain, or until periniffion shall be given for that purpose, by an Act of the Aflembly of
this Commonwealth ; but the defendant shall nevertheless pay the interest of the said principal sum yearly, asit shall grow due, and in
default thereof the plaintiff shall be entitled to writs of execution, as often as there shall be occasion to recover the fame.
Provided akvays nevertheless, That if the defendants in any such cause shall not be at the time of rendering the said judgment, seized
of a fufficient real estate within,this Commonwealth, in his own right, to secure the said debt, or shall be about to depart from this
Stare, without leaving such real estate, and shall refufe to give other security for the said principal sum, to the fatisfadion of the laid
Court, then and in such case the said Court are hereby authorized and required to award execution for the whole sum contained in
rhe said judgment, as well principal as interest, damages, cods and charges; any thing herein contained to the contrary notwith
(tanding.
And in order to prevent unnecessary suits, and to give debtors a reasonable time to prepare themselves for payment of their old
debts, before any fun can be brought;
Be it euafied by the authority aforefaid, That no suit shall be commenced against any person (other than the fubje&s of his Britannic
majesty) for any debt or dirty contracted for before theist day of January, 1777, under or by virtue of this Aft, where the sum de
manded for interest or arrears of rent, exceeds fifty pounds, within less than fix months from the palling of this A&, unless the cre
ditor shall have demanded from the person of the debtor, or by a note in writing left at the place of his abode, fatisfaftion of the
said debt, at leak three months before bringing his suit, or unless the creditor or some person for him, fliall swear or affirm that he
apprehends a danger of losing his debt by the delay.
ibid be it further enured by the authority aforefaid. That nothing in this Act contained shall extend to revive any debts or demands
which were, on or before the firft day of January, 1776, barred by any Act for the limitation of actions then in force ; and that no
debt or demand which was not barred by such Act for the limitation of actions, on the said firft day of January, 1776, shall be bar
red by rhe said Adi, until the expiration of the prelent war with Great-Britain, and until such time as is limited by Law, according
to the nature of each case.
And whereas divers persons as agents, factors, bailiffs and receivers, Iheriffs, attornies at law and in faft, executors, administrators,
guardians, trustees and other persons, in right of their refpeclive offices, trusts and appointments, may have received fume of mo
ney for the use of their principals and persons interested, some of whom mayhave applied such monies to their own use, others may
have kept the fame by them, until it depreciated to a much greater degree, and others may have placed the fame out on interest, for
the use and benefit of their principals ; and it is fit and right that justice should take place in such varied cases, as nearly as may be
ascertained,
Be it therefore enafledby thd authority aforefaid, That where any agent, factor, bailiff, or receiver, fherifF, attorney at law or in fall,
executor, administrator, guardian, trustee or other person, has in right of his office, trust or appointment, received any sum or sums