Page:United States Reports, Volume 1.djvu/470

Rh 

1789.

which had been made fince they were given, was on their account. The payment of a note for Ł.46 was then proved, and an agreement, which had been entered into by Muʃʃer, that  “ on the payment of Ł450 fpecie, and the remainder that may appear due in warrants on the Treafure of the State of Virginia, which are received there in taxes at par, or equal to gold and filver, allowing Muʃʃer at the rate of 12½ per cent.  on the whole amount  of the bill.”  To prove the payment of Virginia warrants, according to the terms of the foregoing agreement, a receipt was produced from Muʃʃer's  Attorney, dated the 5th of July, 1786, to this effect: “ Received from John Thompʃon,  Ł.16668. 11. 6⅛ Virginia currency in warrants on the Treafury of Virginia,  which is fettled in fpecie,  at Ł1484.4.4. Virginia currency ; being in full payment of his bond to John Muʃʃer, dated the 3d of January, 1784, for 100,000 weight of net crop tobacco, of the infpection of Frederickʃburgh, or Falmouth, in Virginia. ”  And, in order to fhew that the warrants thus paid, were receivable  in taxes, at par, or equal to gold and filver, the Counfel for the Defendant below, offered to read an act of the Legiflature of Virginia, (which contained a recital of a preceding act)  on that fubject, from a pamphlet, ftitched in blue paper, with the following title page :––” Acts paffed at a General  “ Affembly of the Commonwealth of Virginia, begun and held at “ the public buildings in the city of Richmond, on Monday the “ 3d day of May, in the year of our Lord 1784.—Richmond : Printed  “ by John Dunlao, and James Hares,  Printers to the Commonwealth.”  “ But the reading this act being objected to on the ground, that it was not legally authenticated, the Court over-ruled the evidence ; and a Bill oƒ Exceptions to their opinion was rendered and allowed.

The Jury gave a verdict for Muʃʃer, faying, that “ They find  “ 114,236 weight of net crop tobacco, of the infpection of Frederickʃburgh,  “ or Falmouth, on Rappahannock river,  to be due to “ the Plaintiff  from the defendant, value Ł2000, with fixpence   “ damages and fixpence cofts.”  Whereupon judgment  was entered generally.

II. On the ʃecond, or fmaller, record, it appeared, that an action of debt in the detinet, for 200,000 weight of net crop tobacco, of the infpection of Richmond,  or Peterʃburg, in Virginia,  was brought on another penal bill of the fame date, by which  “ John Thompʃon binds himfelf in the penalty of 200,000 weight of tobacco, to pay to John Muʃʃer, 100,000 weight of tobacco, of the laft mentioned infpection, at or before the 1ft of May  next enfuing the date of the bill.”  The pleadings were the fame in this,  as in the preceding cafe ; but the declaration  being erroneoufly for tobacco of the infpection of  “ Frederickʃburgh,  or Falmouth, in Virginia, on Rappahannock river,”  the Plaintiff's counfel, after the Jury ere fworn, moved to amend the declaration, agreeably to the tenor and  port