other impediments thrown in the way of them. Where the demand is prior to the Treaty of Peace the judges affume a dif cretionary power and the firft generally falls to the ground, while later claims are fo much impeded and procraftinated, that they are seldom recovered till the end of See the acts of affembly in the two or three years and then the debtor different States, eafily finds a way of making over his effects infolvent act," and going into goal for a few days, whence he is altogether liberated and onerated. from entitled, "The or, The act re fpetting debtors and ex- creditors. Virginia, In Maryland the creditor is fettered Maryland, with an inftalment bill. In Virginia, De- Delaware, laware, Pennsylvania, and New-Jersey, New-Jersey. Pennsylvania, * The Maryland instalment bill paffed in 1787, directs the mode of payment as follows: That all debts contracted before the ift day of Sept. 1786, shall be installed, except those debts comprehended in the Treaty of Peace between the United States and his Britanic Majefty. That the propofed inftalments fhall not exceed the term of five years. That no inftalment be made of any debt under 201. current money; but the court may grant a stay of execution for any fum lefs than 20l. not exceeding twelve months. All fums above 20l. and under 80l. to be inftalled for two years. Other States. the means of liberation are equally easy to the debtor; and though in the more Northern States debts are better fecured, and there is fomewhat lefs opening for fraud and evasion, yet even there, if the man who goes to law for a British debt has the goodluck to get over the frowns of the bench, and the unpopularity which is fure to be ftamped upon his character, he may be All fums above 160l. and under 500l. for four years. The intereft of the whole debt to be paid at each instalment. The debtor fhall within three months give notice to his creditor, or his agent, that he intends to inftall his debt, and appoint a time and place for that purpose. That the debtor fhall, on inftalment, give good and fuffieient fecurity for the debt, and on the creditor's refusing the fecurity, the fufficiency of fuch fecurity is to be determined by two magiftrates where the debtor refides. That the creditor, on a bond given by the debtor for the payment under inftalment, may file the fame with the clerk of the county and on non-payment, the plaintiff on filing an affidavit, may iffue execution for the inftalment due and intereft; and if on return of fuch execution, the debtor can prove payment, the creditor to pay all cofts of fuch execution. That there fhall lie no appeal or writ of error to remove a debt inftalled agreeable to this act, nor any fuperfedeas allowed. confidered confidered fortunate in recovering his property at the end of three years. By the late Conftitution, all debts contracted and engagements entered into before the adoption thereof, are declared to be valid against the United Sates as under the articles of Confederation. ginia. In Virginia no alien can hold lands, nor Aliens in Vir maintain an action for money alien enemy or other perfonalty. The lands of aliens are forfeitures to the State, and to an action brought by an alien, defendant may plead "That he is an alien enemy," which extinguishes his right in the hands of the debtor. By an act paffed in Pennsylvania * the Pennsylvania. 11th of February, 1789, aliens are there enabled to purchase and hold real estates. Every privilege and protection which belongs to American citizens, as alien friends in Britain, equally appertains to British subjects, as alien friends within the United Obfervations. *Such is the evident good policy of this law that it is probable the other States will foon follow the example. Aliens in South-Caro lina. In other States, &c. Aas paffed in Virginia af States, with respect to the fecurity both of perfon and property, because the laws of both countries are fubftantially the fame. But nevertheless the judges in Georgia have, fince the peace, determined, in the cafe of one Perkin's, that a British merchant and alien friend, could not maintain an action against a citizen of that State *. Aliens in South-Carolina are allowed to fue the citizens thereof, and are entitled to a jury De Mediatate Linguæ in fuits against them, and even tranfient courts have been allowed them. The law is the fame in other States, but is too frequently evaded to the injury of the British creditor. Several acts were paffed in the State fecting British during the war to fequefter British lands, property, &c. flaves, &c. in the hands of the commiffi oners, with directions for the payment of fo paid was declared the property of the As to the privileges and difabilities which the Americans derive as aliens from the operation of the laws of England. See Chalmers's opinions, &c. British British fubject, and if used by the State was to be repaid. &c. &c. Depreciation began at this time, and large Depreciation, fums of money were paid in by debtors. The affembly afterwards ordered all British property to be fold, and the proceeds of the fale to be converted into their then worth in tobacco, fubject to the future direction of the legislature, which has left the question of retribution extremely problematical. In 1780, another act took away this permiffion to pay into the public treasury debts due to British fubjects. Virginia. If a controverfy arifes between two Foreigners in foreigners, of a nation in alliance with the United States, it is decided by the conful of that nation, unless both parties chufe to refer it to the ordinary courts of juftice. If one of the parties only be a foreigner it is triable before the courts of juftice of the country. If it has been inftituted in a county court, fuch foreigner may remove it into the general court or court of chancery, which must determine it in preference to any other caufe before them, In cafes of life and death foreigners have Medietan Lingua. a right to the Medietas Linguae. A foreigner |