The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1872-05-04
For The
FAMILIAR LAW.
SET OFF.


bond, or other writing, sealed by the party
if the defendant shall have any demand or
claim against the plaintiff, upon Judgment
bond, or other instrument, under seal, or
upon note, agreement, assumpsit or account
proved he shall be at liberty, to file his
account in bar, or plead discount to the
plaintiffs claim, and Judgment shall be
given for the plaintiff, for the sum only
which remains due, after just discount
made. Provided the sum which shall re-
main due after such discount, be sufficient
to support judgment in the Court
Where the cause may be tried according
to it's established jurisdiction. In any suit
upon simple contract, the defendant may
file an account in bar, or plead discount of
any claim he may have against the plain
tiff, proved according to law, which may
be of an equal or superior nature to the
plaintiffs claim, and judgment shall be
given as aforesaid, Maryland Code, Art.
LNXv.
To authorize set-off the debts must be
mutual and due at the commencement of
the action. A joint debt can not be set-off
against separate one. Nor can separate
debt be set-off against a joint demand,
unless by agreement. Unliquidated dam
ages cannot be set off; although those
which have been liquidated can. If cred
itor borrow money from his debtor for
which he gives security, even though he
expressly promised to repay the sum lent,
this will not prevent him from setting off a
debt due himself
Another common defence before a Justice
Of the Peace is that of Usury, which is
the illegal profit, required and received by
the lender of sum of money, from the
borrower for its USE To constitute usuri-
Gus contract the following are the requisites:
First, a loan expressed or implied. Second,
An agreement that the money lent shall be
returned at all events. Third, Not only
that the money lent shall be returned but
that for such loan greater interest than
that taxed by law shall be paid
If any person shall exact directly or indi-
rectly, for loan, of any money, goods or
chattles to be paid in money above the
value of six dollars, for the forbearance of
one hundred dollars, for one year, and go
after that rate for a greater or lesser sum,
or for a longer or shorter time, he shall be
deemed guilty of usury. Any person guilty
of usury shall forfeit all the excess above
the real sum or value of the goods and
chattles actually LEM or advanced. And
the legal interest on such sum or value,
which forfeiture shall insue to the benefit
of any defendant who shall plead usury
and prove the same.
Every plea Of usury shall state the sum
of money or value of the goods and chat
ties lent or advanced with the time at
which the same was SO lent or advanced.
And the plaintiff shall be entitled to recov-
er the sum of money or the value of the
goods and chattels actually lent or advanced
was SO lent or advanced.
JUDGMENT.
Justices of the Peace shall enter up
Judgment in all cases brought or tried
before them, within three days after final
hearing of the case. And all judgments
for the payment of money shall be so
entered as to draw interest from the date
thereof. A confession of judgment by
defendant without any summons may be
entered and such judgment shall be valid.
The plaintiff may suffer judgment to go
against him by failing to establish suffi-
cient grounds for a decision in his favor;
or by failing to prosecute his suit. In the
latter case it is called a judgment of Non
Pros in which case the plaintiff is ut liber
ty to bring a new suit, which is not the
case when the Judgment is for the defend
ant generally, in which case the plaintiff
cannot bring new suit for the same
cause of action.
1t should also be remembered that at
any time during the day on which judg
ment is given, the Justice may open the
Judgment, provided, process has not been
issued thereon. The justice must, if
required furnish a copy of the judgment
on which copy any other justice may issue
execution.