tember, 1765, a writ of scire facias issued to show cause why the conciliar order 
should not be carried into execution. Respondents thereupon declared their 
readiness to redeem the premises for ,£28,179 in old tenor bills of credit emitted 
before 1748, together with the further sum of ,£2,158/14/- as interest at 6 
percent from October 2,1754, to the date of tender before the expiration of the 
mortgage, with costs in bills of the same nature. The Superior Court of Judicature, 
after hearing counsel, ordered reconveyance of the land upon payment of 
the ,£28,179 together with 6 percent simple interest (certified as the usual 
rate) from October 2, 1754, to the first Monday in September, 1765, and costs 
in the same currency. One puisne justice dissented, on the ground that the 
mortgagor could not by law be compelled to pay interest from the time of the 
rejected tender. 416 The mortgagee thereupon appealed to the King in Council, 
on the ground of nonconformity to the conciliar order in that interest should 
have been computed from the date of the mortgage at the rate of 10 percent 
and both interest and costs made payable in coin current in Rhode Island. A 
cross-appeal was also taken, on the score that interest should cease at the date 
of the tender. 417 Upon conciliar hearing it was ordered, in April, 1769, that 
judgment be reversed and that interest be computed at 6 percent upon the sum 
reduced to lawful money according to the value of the bills at the time of payment 
until the money should be actually paid, the whole interest with costs 
to be paid in proclamation money. 418 
In September, 1769, John, Thomas and Samuel Freebody petitioned the 
General Assembly that the Superior Court be ordered to take cognizance of 
lend Money and in order to raise the Money 
he sells Stock you are to have the Money — 
you are to be paid in public Bills. 
"So much Money lent —he is not obliged to 
receive in Currency unless made so by authority. 

"One in New England intitled to a Debt 
from one in New England conditioned to be 
in New England currency—he sued for it 
in New Hampshire and they fixed what was 
tire Value, in proportion it bore to the ounce 
of Silver, in that case it was by valuing the 
course of Exchange between Country and 
Country. So here where die Authority of Government 
does not interpose. 
"A General Debt —here the Contract of the 
parties appears, and the whole agreement turns 
thereon. 
"I am of Opinion, it is die Agreement of 
parties. If a General Loan, they would pay in 
Currency, but they had none for the Act of 
Parliament, 1751 had damned the Currency 
of those Bills—how to be repaid—then a 
Stipulation—in Bills as paid there can be no 
other meaning. 
"On the second Mortgage, it is stronger, 
there is part in Specie. 
"As to the Interest, it must be according to 
legal payment —there being nothing mentioned 
relating to that in the agreement. 
"Judgments reversed, on payment of 
with Interest and Costs, the Mortgagor to be 
let in to redeem. 
"Judgment below for the plaintiffs." 
For the New England case referred to, see 
die notes on the hearing of Dering v. Packer 
in 1760 (Ingersoll Papers, 9 Papers New 
Haven Col. Hist. Soc, 241-42; 4 Dallas, U.S. 
Reports, Appendix, xxiii). 
416 MS R.I. Sup. Ct. fud. Judgment Book., 
7754-72, 275. For the other judgment see 
ibid., 273-74; Case of Respondent, supra, 
a. 412). 
417 See the cases of the parties, supra, n. 412. 
«s P c 2/113/538-39.