Page:United States Statutes at Large Volume 10.djvu/620

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600 THIRTY-THIRD CONGRESS. Sess. II. Ch. 15. 1854. body politic or corporate, concerned in, or assenting to, such making, emitting, issuing, uttering, signing, df2l»W1llg, 01* endorsing, as aforesaid, {Oy any of the purposes aforesaid, shall forfeit and pay the sum of ten dollars for each and every such bank note, promissory note, or instrument of writing so made, issued, emitted, uttered, signed, drawn, or endorsed, one half to the use of any person who shall sue therefor, and the other half Printing any to the county ofiwashington, District of Columbia. And, Oil the trial pf gu; of any mp, any snob cause, if the p1‘om1SSOI‘y 1’l0t€, bank note, O1` Other mstrument m d€<;c;0&;>¢ evi- question, be in part or in the whole printed or engraven, it shall bg ’deemed sufficientevidence of an intention to put the same into circulation in violation of this act, unless the contrary be shown. Sec. 2. And be it further enacted, That it shall be unlawful for any Penaltyfor person or persons, body politic or corporate, to pass, or oH`er to pass, fngslgg ggssggl; within the District of Columbia, any bank note, promissory note, or any gg; for kgs than insérument in writing a less denominatton or arplount than Eve dollars, · cit er as money, or in neu 0 money, or o any other currency; and any other person or persons, and every member, officer, or a ent of such bod politic or corporate, violating the provisions of this segtion, shall forfed and pay a sum of not less than tive, nor more than ten dollars, for every such offence, one half to the use of the person who shall sue therefor, and the other half to the use of the county of Washington, District of Columbia. Sec. 3. And be it further enacted, That any person or persons, body P °““l*Y ‘”°*'“°" politic and corporate holding any such bank note promissor note redeeming such . . . . ’ ’ Y ’ Or notes_ instrument in writing, may present the same for payment to the person or persons, body politic or corporate, that made, emitted, issued, uttered signed, drew, or endorsed the same; and if, upon such presentment, the person or persons, body politic or corporate, that made, emitted, issued, uttered, signed, drew, or endorsed the same, neglect or refuse to redeem the same in gold or silver, such party so neglecting or refusing shall forfeit and pay the sum of twenty dollars for each and every such bank note, promissory note, or instrument in writing so presented, and payment thereof neglected or refused, as aforesaid, to the use of the person or persons, body politic or corporate, holding and presenting the same as aforesaid. HOW pcmmes Sec. 4. And be it further enacted, That each and every forfeiture, shall be rccover— under the foregoing provisions of this act, shall be recovered in an action °d· of debt, before any justice of the peace in the District of Columbia, in the name of any person who shall sue therefor, and jurisdiction is hereby expressly given to each and every justice 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 Cmmacts of or verbal, hereafter made, to pay or deliver money or any valuable thing, which an cup Or thing purporting to be a valuable thing, the consideration whereof rency fcnllidden may be, either wholly or in part, any paper currency or circulatinrr meby ° ‘s “°°f°m"‘ dium under five dollars or other · · l`b` n ' an of the com , papet or currency pron ited by this siclhration, made act, shall be deemed and hold to be illegal and void; and the person or "°¤l· persons suing (pn such contract shall have no remedy in any court of law or equity; an , in any suit brourrht on such contract it shall be com >c~ tent for the defendant, under the: general issue, or any appropriate sivecial plea, to offer evidence of the nature or of the consideration of the _ contract so sued on; and, on the defendant’s making oath that he or she Hmm Mmm has not evidence sufficient to prove the nature or consideration of such 0,, Such ,,(,,,m,ctS contract, it shall be the duty of the court before which such suit may be the plaintiff may brought, to require the plaintiff or plaintilfs, or either or any of them, to l’;t§‘;f‘P°H°d *° be sworn to testify the truth in regard to the transaction ; and if the plaintiff or plaintiffs shall not be present at the trial, to compel the attendance of such plaintiff or plaintiffs as a witness or witnesses, and to postpone or continue the cause till such attendance can be procured ; and it, after the