
    Petrie, survivor of Hawkins, against Smith.
    Tender in paper currency, in J unitary 3 1780, before it went out of circulation, is good, and shall «lop interest from the time of sucli tender.
    THIS was an action of debt on an old bond, dated in 1775, and payable in 1776. To this there was a plea of tender of the bills of credit, circulating in the year 1780; and under this plea evidence was given of a tender made by Janies Edwards, oh the 27th January, 1780, to the attorney or agent of the plaintiff; and the identical bills were brought into court and sworn to»
    Pinckney, for defendant,
    contended, that if this tender did not go to the discharge of the debt, yet it should discharge the interest on it, from the day the tender was made, till the time of suing the writ. To prove the money was atender,, he cited a resolve of the provincial congress in 1776,.
    
      For plaintiff, it was said, that the jury should avoid the tender, as it was made in a currency worth nothing, and to an attorney. That the difference between sterling money at the time of the contract, and the present sterling money (being 3 4-7 per cent.) ought to be allowed.
    
      For defendant, it was insisted, that tender to an attorney is good under an act of assembly.
   Watxes, j.

charged, that the tender was good. Thai the clause of the resolve of the provincial congress applied to this money. As to the 3 4-7 per cent. it is the difference made by the legislature between the coin in the then currency and now. The law is clear, and the jury have no discre. tion in the case, and this is equally the case, although no tender of money had been made.

The Jury stopped the interest from the tender to the date ef writ, turned, die debt into present currency, by advancing upon it 3 4-7 per cent, and returned a

Verdict for plaintiff*  