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1785-02-15

DECREE of the Conseil du Cap, rendered in matter of Usury, which receives the Procureur-Général as third-party opponent to the execution of a previous Decree

Haitian

BETWEEN the man named A…, free nègre, universal legatee of B…, also a free nègre, third-party opponent; and the man named C…, also a free nègre. Pleading: Maîtres le Loup Desperelles and Darracq. On the Conclusions of Maître Deschamps, Substitut of M. the Procureur-Général. The first Decree condemned the late B…. to pay C…. the rents for a nègre. A…, his universal legatee, attacked this Decree by third-party opposition, given that the nègre in question had been given by C…. to B…, as pledge for a sum of 900 livres, which, by means of the rents, produced one of nearly 7000 livres in interest in 12 years. The Decree, in declaring A…. inadmissible in the third-party opposition, accepts that of the Procureur-Général; consequently declares the lease null, as usurious, and condemns A…, according to his offers, to pay 900 livres, the amount of the original note, with interest from the day of the demand, and C…. to a fine of 50 livres, for the benefit of the houses of Providence.

Source  ·  p. act 06:585 Médéric Louis Élie Moreau de Saint-Méry, Loix et constitutions des colonies françoises de l'Amérique sous le Vent (Vol. 6) (1784-1790), p. act 06:585