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Proceedings and Acts of the General Assembly, 1724-1726
Volume 35, Page 434   View pdf image (33K)
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434 Assembly Proceedings, March 15-23, 1725/6.

U. H. J.

Attorneys Should Swear they would not take any fee more
than the Act allows, when they had already taken more, or
to Suppose certificates of the Clyents Oaths could be returned
to the Courts before we had an Act to Direct it so to be; A
Judge should determine according to an Equitable Con-
struction for tis madness to suppose Impossibilitys, therefore
I cannot think the Act wants any Amendment in this Par-
ticular; What Opinion other Courts have been of and what
has pass'd therein, You Gentlemen of the severall Countys
are best acquainted with.

P. 3

Another flaw the Gentlemen have found out is that tho'
a Merchant is represented here by his Attorney never-
theless the merchant must swear The Assembly could
never Suppose such an Absurd thing, therefore it is equally
as mad as the first I have mentioned, and must have been
from some Slip of the pen in Transcribing that Act; great
hopes are Built upon this Particular, that the Merchants
will make Interest to get a Disscent to the Act, however to be
out of doubt it is very Easie to draw a new Act with what
little Alterations may be thought proper
I cannot help thinking it is A just and good Law for
nothing is taken from the Attorneys that was allowed by Law
(if it appears otherwise it was not design'd) and the poor
are upon an equall footing of Justice with the Rich. The
poor cannot raise money, I am sensible of their Condition and
it is my Duty to protect them in a more particular manner
who are least able to help themselves
At the same time that I am mentioning the hardships on
one side, I should be Unjust to the Gentlemen of the Law
if I did not take Notice of that part of the Act which allows
the Planter at his Election to give an Attorney for his Advice,
one hundred pounds of Tobacco or Ten Shillings Currency.
If it be reduc'd to A certainty and out of cithers Choice the
Objection now rais'd will Cease.

p. 4

I have nothing more to Offer except I have Occasion given
in the Course of the Proceedings of this Sessions and shall
Conclude with recommending Dispatch that the Country
may be at as little Charge as possible & I must further recom-
mend in Order to put this Law mentioned upon as equall a
footing of Justice as Possible that no Generall or Speciall
Retainers be Suffer'd and that whoever applys first to an
Attorney, that Attorney shall be Obliged to Undertake his
Cause, or not be concerned on the other side; this may Create
Some Cavalls and the Attorney may Say he will not be Con-

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Proceedings and Acts of the General Assembly, 1724-1726
Volume 35, Page 434   View pdf image (33K)
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