Squatter sovereign., 1855-06-05


no manner interfere with any valid adverse right
if such exists, to the same land, nor be con-
strued to preclude legal investigation and de-
cision by the proper judicial tribunal between
adverse claimants to the same land.
Approved December %, 1854.
Public 1911
AN ACT to suppress the circulation of Small
Notes, as a currency, in the District of Col
unibia.
Be it enacted by the Senate and House of Re-
representatives. of the United States of America
in Congress assembled, That If any person or
persons, body polite or corporate, within the
DistrIcI OF Columbia, shall make, emit, issue,
utter, sign, draw, endorse any bank note,
promissory note, or any instrument of writing,
Tor the payment or delivery of money, or other
valuable thing, or of any thing purporting to be
a valuable thing, of a less amount than FIVE dol
iars, 70 be used as paper currency, a
circulating medium, either as money, or in lieu
OF money, or OF any other currency, every such
person, and every member, officer, agent of
such body polite or corporate, concerned in, or
asserting to, such making, emitting issuing, ut
telin9, signing, drawing, or endorsing as afore-
SAID, Tor any OF the purposes aforesaid, shall
forfeit and pay the sum Of ten dollars for each
and every such bank note, promissory note,
instrument of writing so made, issued, uttered,
emitted, signed, drawn, or endorsed, one half TO
the use of any person who shall sue therefor,
and the other half to the county of Washing
ton, District of Columbia And, on the trial
of any such cause, if the proInissory note,
bank note, or other instrument in question, be
IN part or in the whole printed or engrayen, it
shall be deemed sufficient evidence of an inten-
ton to put the same into circulation in viola
ton of this act, unless the contrary be shown.
SEC. 2. And be it further enacted, That it
shall be unlawful for any person or persons,
body polite or corporate, to pass, or offer to
pass, within the District of Columbia any bank
note, promIssory note, or any instrument in
writing Of less denomination or amount than
five dollars, either as money, in lieu of mo-
ney, or of any other currency; and any other
person, or persons, and every member, officer,
OF agent OF such body, polite or Corporate, vio-
l2tilg the provisions of this section, shall for
felt and pay sum of not less than five. nor
more than ten dollars, for every such offence;
one half to the of the person who shall
sue therefor, and the other half to the use of
the county of Washington, District of Colum-
bia.
SEC. 3. And be it further enacted, That any
pc. son or persons, body polite or corporate,
holding any such bank note, promissory note,
or instrument in writing, may present the same
FOR payment to the person or persons, body poll
tito or corporate, that made, emitted, issued, ut
tered, signed, drew, Or endorsed the same |; and
Ii, upon such presentment, the person per-
sons, body polite or corporate, that made, emit
ted, issued, uttered, signed, drew, endorsed
the same, neglect refuse to redeem the Same
in gold or silver. such party neglecting
refusing shall forfeit and pay the of TWEEN
ty dollars for each and every such bank note,
promissory note, or instrument in writing so
presented, and payment thereof neglected OF re-
fused, as aforesaid, to the use OF the person or
persons, body polite or corporate, holding and
presenting the same as afore said.
SEC A. And be it further enacted, That each
and every forfeiture, under the foregoing proyis-
ions Of this act. shall be recovered il an action
of debt before any justice Of the peace in the
District of Columbia, in the name of any per-
son who shall sue therefor, and jurisdiction is
hereby expressly given to each and every JUS
tice of The peace in the District OF Columbia to
Try and adjudicate each and every such case.
Sec 5. And be it further enacted, That all
contracts, whether written verbal, hereafter
made, to pay or deliver money or any valuable
thing, or thing purportingto be valuable thing,
the consideration whereof may be, either Who'll
" or in part, any paper currency or circulating
medium under five dollars, or other paper or cur
rency prohibited by this act, shall be deemed to
be Illegal and void !; and the person or persons
suing on such contract shall have no remedy in
any court of law or equity; and, in any suit
brought on such contract, it shall be competent
for the defendant, under the general issue,
anv appropriate special plea, to offer evidence
of the nature Of the consideration of the con-
tract so sued on; and, on the defendants max
ing oath that he she has not evidence Sufiic-
lent to prove the nature or consideration of such
contract, it shall be the duty of the court before
which such snit may be brought, to require the
plaintiff or plaintiffs, or either any of them,
TO be sworn to testify the in regard to the trans
action; and if the plaintiff or plaintiffs shall not
be present ut the trial, to compel the attendance
of such plaintiff plaintiffs witness
witnesses, aud to postpone or continue the cause
till such attendance can be procured and IT,
after the whole evidence shall have been heard,
it shall appear that the consideration, either
wholly or in part, of the contract was such pa
per currency or circulating medium prohibited
by this act, judgment shall be rendered for the
defendant defendants, and for costs against
the plaintiff or plaintiffs.
SEC. t. And be it further enacted, That if
any merchant, hotelkeeper, shopkeeper, grocer,
commission merchant, or insurance agent, any
owner or driver OF hackney carriage. omnf-
bus, cart, wagon, or drsy, any huckster, butch
er, auctioneer. livery-stable keeper, any owner
or keeper of billiard-table ten-pir alley,
any pawnbroIler, any manager or agent OF the
atrical other ainusements, any haWker or
pedlar, transacting business under license
granted by the corporation of the city of Wash
ngton of Georgetown, iii the District of
Columbia. or any other person or persons trans
acting business under such license, shall either
receive or pay out any paper under the denomi-
nation Of five dollars, or any other paper not
payable in specie on demand, so prohibited as
aforesaid, it shall be the duty of the attorney
of the United States for the District of Column
bia to sue out process in the nature of a scIRE
FACIAs, or to institute other suitable proceed
ngs in the Circuit Cort of the District of Col
unba, against such offender or offenders, re-
turnable to the said court Immediately, if said
court be then sitting, to the next term of said
court, if there be then vacation of the terms
of said court, requiring such offenders to show
cause why his, her, or their license aforesaid.
shall not be forfeited; and on proof exhibited
to said court of such receiving or paying out of
such prohibited paper aforesaid, said court
shall fofreit, aunul, and vacate such license,
and no other license for any purpose shall be
granted to such offender offenders until one
year thereafter shall have passed and expired.
SEC. I. And be it further enacted, That it
shlIl be the duty of the marshal of the District
of Columbia, and of every constable of said
district. to give information to some Justice of
the peace in said district, of every violation of
this law which may come to his knowledge.
SEC 3. And be it further enacted, That on
the trial of any cause other than a criminal
prosecution, under the provisions of this act, it
shall be lawful for the court before whom such
cause is pending, to cause to be brought before
said court, and examined as witness, any de-
PENDANT to any such suit, his agent or employer,
touching the matters and things in controversy,