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![handle is hein.ssl/ssmo0070 and id is 1 raw text is: 1818-01. 2191
TERRITORY OF AtSSOU U.
CHlAPTERZ 10S.
DIlWAIATION.
AN A (J'suppkm/eitary lo ain act railild A hIr of Defalcation.'
I Mutual debts may ho svt 17 ug ist avlch atr1 ahougi uf a ttittcmut nature l iaw.
Be it enacte( 1y e General Assmnldy of ithe Territory of tilli sauri, [as follows:]
1. If two or more persons he mutually indebted to each other, by judgmots,
bills, bonds, bargains, promises, accounIIts, or the like, alld otne of thei commences
an action in any court, oto debt may be ct ojff against the ototr, notwithstanding
such debis may hu deomed in ilaw, t' a diffi:rent nature, atd such matter may be
given in evidenee upon the general iisiu, or -lealed in bar, us the nature of the
case mtay require, so us at tIe time of pleading:4 the general issue, where any such
debt is intended to be insisted on in evidenc, iotice shall be given of the particu-
lar stun or debt so intendod to be ititkted o', aid itpon what account it became
due, or otherwise snch matter shall no- he ]iten i eidetnce oi such generad issue.
And if it shall appe. r by an adjttutet of 'aid mituttual detmand, that tie plaintiff
has been overpaid, the jury .iall litd the amoint thereof in their verdict, and judg-
tment shall be entered tp by the court for the defendant against the plaintill for the
amount by said verdict found dto to the det.dtudant, with costs.
This act to take allcet and be in force from and after the passage thereof.
Approved, Dccember S, 1818.
R IU S 10, p . t e. 1.
U 3
553
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