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Proceedings and Acts of the General Assembly, October 1720-1723
Volume 34, Page 219   View pdf image (33K)   << PREVIOUS  NEXT >>
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The Lower House. 219


doe we find that you do at all Consider the Circumstances of

those, that must Suffer without their Faults by the Extraor-
dinary Criminal Business the Last Provincial Court; or at
least, that you have not proposed any Provision for them:
for that some Causes will Expire in August to which Time
being a Special Adjournment no Jury Could be Summoned,
Even [tho'] the Time of Limitation should be Adjudged
according to your Opinion.
We Cannot Omitt to Remark that the Consequence of that
Law is Burthensome to the Plaintif Suitors in Obliging them
to Renew their Suits at Double Charges for the Recovery of
their Just Debts, And Oppressive to the Defendants in
Causing them to be Condemned perhaps by the Default of
their Attorney in Unjust Demands, and thereby obliging
them to tedious Suits in Chancery, and in the High Court of
Appeals, and at last perhaps Scarsely able to Extricate them-
selves from the Inconveniencies of that Law. And by this
Means the Attorneys who Perhaps are the Only Persons
Faulty (except where the Act of Providence Interposes) are
the Only Gainers by having their Causes Ended without the
Trouble of Pleading them; their ffees sooner paid and their
Business much Increased. We therefore propose that you
would Rather Remedy the Evil of Delaying' Suits by im-
posing a Smart Fine on the Attorney that shall be the Cause
of the Delay than (Perhaps for his Negligence) to Destroy
the Clients Cause.
If what we have said will not Encline you to Repeal that
Law and that Any Inconvenience happen to the Good People
of this Province for want thereof We Hope it will not be
Imputed to want of Consideracon in our Part of the Legis-
lature
Signed p Order. John Beale Clk Up Ho.

Which being Read, Resolved that the Law for Limiting
the Continuance of Actions be Reenacted with provision for
the Several Suitors and a ffine of twenty Pounds in the Provin-
cial Court and ten pounds in the County Courts if the Clients
Suffer by the Attorney's Neglect; besides paying Costs.

L. H. J.
p. 27

Collo Addison from the Upper House delivers Mr Speaker
the following Message Viz.

By the Upper House of Assembly July the 26th 1721.

Gentlemen. You having had his Lordship's Speech for
perusal ever Since the Begining of this Sessions we Desire
you will now let us have the Perusal thereof
Signed p Order. John Beale Clk Up Ho

p. 28



 
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Proceedings and Acts of the General Assembly, October 1720-1723
Volume 34, Page 219   View pdf image (33K)   << PREVIOUS  NEXT >>


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