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Page:United States Reports, Volume 2.djvu/243

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Senna: Coeur or Pmyjlwaiai tg? Conltitution and Laws of the State, and, therefore, void. r I19§..i Bac. A5. 28. . { Penn. yy`; 'l`he prozeedingzrcere fupported by. Wikxh (the Recorder) - and 17mm, who contended, that the judgment was not in na- ture ofaconviétion, but founded on an action of debt; and that, therefore, it was unneceilary to ltate‘that defendant was proved to be a Hucltlter. With refpeét to the power of the Corporation to ena£l the Ordinance, they urged, that it arofe from the necellity of the cafe, Iinee experiencehad evineed that nothing lefs than the anfolute prohibition contained in th;.Or- · dinance, could defeat the (tratagems of the Huckllers, and pre- vent tlwextortion which they introduced. • Cur. Adv. Vu]!. MrrQr.¤x un;/'ur Lcomnn, er aL _ HIS was an aélion of debt on a bond fdr {ago, dated the 'jth of May 1776. On the l6lLh of September r778, a payment had been made of éggo, in Continental money ; and the queiiion now brought ore the Court was, whether this payment lhould be reduced and liquidated, according -to the Ipelcie me of Continental money, at the time ogtplnying it L, or plaintif it was contended that the a Alfem . ft 7aL Dal!. Edi;. p. 889.} does nat extend to any contracts, but fuchas were made between the all of january x777, and the til of March 1781 ; and that, eonfequeutly, the payment ‘ in the prefent inltancc was not `aH·`e&e£l by the provilion in the 4tb jh? that •¢ the Auditors {hall not have power or authority, in cafes where partial payments have beenmade in money then. · current, to reduce fuch payment." But T1-is Coutrr thought it unneceifary to hear the defendant’s counfel, conceiving it to he clear and fettled, that the payment in the prcfent cafe, ought not to be reduced by the fcale of de- preciation. Read and Biddle for the plaintif, Chmn- and Tlmuar for the defendant} _ ` Kacnun et aL verjiu MULHALLON, at al.]- ‘ EBT on a bond. Plea, pnyarmf, with leave Src. and ilfue. I ’ The counfel for the defendants had given notice, agree- é _ au I I Y * Derid tl rt Ea.tr¤n7Ni.ti Prius, on the til oi October r7§s, belbrg ipsa A BAT: an SXITH, uxlf es. . 1* Dzcidcd at E¤·¢¢¤rr.Nia1 Hint, on the ad. of October :795, be- fore Years: and Sutra, juarkes. 553