The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1870-10-28
No. II.

Sec. 8. In all suits now pending, or
hereafter to be brought in any Court in
this, State founded on any such contract
orupon any debt in renewal thereof, it
shalt be lawful for the defendant to plead
and prove in defense, and as an offset to
same, any losses the said defendant may
have suffered by, or in consequence of
the late war against the United States,
by the people of this and other States,
whether said losses be from the destruc-
ton or depreciation of property, or in
any other way be fairly caused by said
war, and the results thereof.
Sec. I. No plea or proof, under this
Act, of damage, or loss as aforesaid, shall
be had as setting up damages to remote
or speculative, if it only appeared that
it was fairly and legitimateIy produced5
directly or indirectly, by said war, or the
results thereof.
SEC. s. No set.off, pleaded under this
Act, shall entitle the defendant to any
Judgment in his favor, for any such dam
ages, only so far as to set-of the same
against the plaintiffs claims.
SEC. 8. In all cases where any debt,
as described in the first section of this
Act, has been reduced to judgment and
is still unsatisfed, it shall be lawful for
the defendant to set off against said judg-
mcnt said loss or damage against the
same, as a credit on the same, in the
same terms as is provided in this Act,
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Judgment, as follows: in term time, the
defendant may move in open Court to
have said credit made, setting forth i'll
the motion the grounds Of the same, upon
this motion the plaintiff may join issue,
and the issue shall be tried by jury,
whose verdict shall be final on the facts.
SEC. 10. If execution has ISSUED and
be proceeding, the defendant may file an
affidavit, setting forth his claim and the
grounds thereof, which shall be returned
and tried and shall operate as is provi-
ded by law, in case Of other illegalities
PyoOidcd, The said affidavit, shall set
forth that Smsh credit was not plead or
allowed in tlicsEiginal trial; the fact that
SAID credit or set-of existed at the date
of the Judgment, shall be no objection
thereto. And, provided further, That if
the defendant in said Judgment has al
ready had the said debt reduced, under
the Relief Act of 1868, the setof or
credit under this Act shall not be allowed
on the same.
SEC. II. When Judgment is proceed
ing against property which the deten-
dant has sold, the owner thereof may set
off against the same, his losses or dam
ages by said war, on the same terms as
are provided for in this Act, for the de-
fcndant.
SEC. y. In all suits now pending,
founded on any such contract as des-
cribed in the first section of this Act, the
cause shall not be ready for trial until
the affidavit Of the plaintiff required by
the several sections Of this Act, shall
have been duly filed in the Clerks office,
or notice thereof given to the defendant.
at least three months before the trial.
SEC. 10. And be it further enacted,
That nothing contained in this Act shall
be so construed as to apply to effect or
hinder any Judgment or execution, issued
from any of the Courts of this State, when
ON the trial thereof the relief plea allowed
under the Act of 1868, was filed and sus-
tanned by the Court, the facts submitted
and passed upon by the jury, nor to any
noe given in renewal Of note gwen
prior to June, 1865, when that debt was
reduced, and the equities agreed upon by
the parties under the Relief Act OF 1868.
SEC. II Nothing in this Act shall be
so construed as to effect any claim due
any widow, or minor, contracted prior to
June 1st, 1865, but such claims shall be
settled upon the principles of equity,
taking into consideration the relative loss
of property sustained by the plaintiff and
! defendant.
SEC. 10. Be it further enacted, That
nothing in the foregoing Sections of this
Bill shall be so construed as to extend
the relief contemplated in said foregoing
Section to any defendant or defendants,
who may be at the time of the commence
Imcnt of such action, or who may have
tions, heretofore brought in possession OF
the property, for the purchase of which,
said contract was entered into, nor shall
any administrator, executor, guardian,
or trustee, be entitled to the benefits OF
this bill, who may have acted fraudu-
lently in such capacity, or who may have
wifuIly or negligently mismanaged the
property in their charge; Provided, the
defendant may elect to give up the pro-
perty in his possession, for which such
contract was entered into and such cleo
ton shall be the full discharge of such
Indebtedness.
SEC. IS. And be it further enacted,
That all laws and parts of laws initiating
against this Act, be, and the same are
hereby repealed. "a
rooI actota accent informs the pub