334 Assembly Proceedings, Sept. 5-Oct. 3, 1704

Lib. L. L,
No. 64.

, An Act for rectifying the ill practices of Attornys of this Pro-
vince And ascertaining the Attorney Generalls and Clark
of Indictments ffees.

Be it Enacted by the Queens most excellent Majesty by and
with the Advice and Consent of her Majestys Governour
Councill and Assembly of this Province and the Authority of
the same that after the end of this Sessions of Assembly no
process for any Criminall Matter or other Misdemeanour shall

p. 138

issue out of any of the Courts of this province against any
person or persons whatsoever without a presentment be first
found against the said person or persons by the Grand Jury
unless by a special order of Court And if the Attorney Gen-
erall or any other Attorny of the Provincial Court shall issue
forth process against any person or persons and no present-
ment or order of Court appears upon Record to Justify the same
the said Attorney so offending shall forfeit any pay for such
his Offence the sume of ffive thousand pounds of Tobacco
the one half to her sacred Majesty her heires and Successors
towards the Defraying of the publiq Levy of this Province
the other half to the party Greived or to him or them that
shall Inform or sue for the same to be recovered in the Pro-
vinciall Court of this province by bill Plaint or Information
And if any Clerk of the Indictments in any County Court of
this province or any other Attorny practicing in the said
Courts shall Issue forth process against any person or persons
for any Criminall Matter or Misdemeanour without a present-
ment be first found by the Grand Jury against the said person
or persons or Speciall order of Court appearing upon Record
to Justify the same the said Clerk of Indictments or other
Attorny so offending shall forfeit and pay for such his Offence
the Sume of two thousand five hundred pounds of Tobacco
the one half to her Majesty her heires and Successors towards
the defraying the County levy the other half to the party
greived or to him or them that shall informe or sue for the
same to be recovered in the respective County Courts of this
Province where such Offence was Comitted by Accon of Debt
bill plaint or Information wherein no Essoyn protection or
wager of Law shall be allowed. Neither shall the party so
offending have any Appeale or writt of Erro^r but the Judg-
ment of the County Court shall be definitive therein. And
if the Clerk of the Provincial Court of this Province or any
of the Clerks of the County Courts of this province shall
issue out process in Criminall Causes without an order for
the same under the hand of an Attorny practising in the said
Court or Courts to Justify the same the said Clerk or Clerks
so offending shall be lyable to the same forfeitures and pen-