|
tion, pleading General or Special Retainer, or any other Service in the
Law done, had, or advised to be done, or had, or thereto in any-wise
relating, in any of the Courts of Record, Court of Chancery, or other
Court or Jurisdiction, established in this Province; but in all Things
be conformable to the Act aforesaid. You shall plead no Foreign
Plea, to hurt any Man, but such as shall stand with the Order of the
Law, and your Conscience. You shall not wittingly nor willingly sue,
nor procure to be sued, any false Suit, nor give Aid or Consent to the
same, on Pain of being expelled from the Court for Ever. And
further, you shall use and demean your self in the Office of an At-
torney within this Court, according to your Learning and Discretion.
So help you God.
And Be It Further Enacted, by the Authority, Advice, and Consent
aforesaid, That any Person or Persons, Inhabitants of this Province,
who, from and after the End of this present Session of Assembly,
shall have Occasion to prosecute or implead any Person or Persons
whatsoever, in any Action or Suit, or to defend him, her, or them-
selves from any Action or Suit whatsoever, before any Court or
Jurisdiction of this Province, the Plaintiff, at the Return of such
Writ, or before Trial of the said Cause, shall be obliged to take the
following Oath, (or Affirmation if a Quaker) prescribed by this Act,
before the Court to which such Writ is returnable, or before some
Justice of the Provincial Court, or of the Peace, for the County where
the Action is depending, or the County where such Plaintiff doth
reside, and to return a Certificate of the same to the said Court; and
in Default thereof, shall suffer a Nonsuit, if the Defendant appears,
and takes the said Oath, or returns a Certificate thereof. And in Case
the Defendant, on the return of such Writ, if he shall appear, or
before trial of such Cause, doth not take the same Oath before the
Court, or produce a Certificate of his having so done, before some
Magistrate as aforesaid, the Plaintiff having complied with his Part,
it shall and may be lawful for the Judges or Justices of the several
Courts within this Province, on the Plaintiff his making appear his
Claim, to give Judgment against such Defendant, as by Default for
such Debt, Damages, and Costs, as to them shall seem meet.
|
Session
Laws
|
|
|
Oath of Plaintiff and Defendant.
You A. B. do swear. That you have not given, caused to be given,
or paid, nor will wittingly, willingly, or designedly give, cause
to be given, or pay, either directly or indirectly, unto your At-
torney or Attornies, Counsellours, or Advisers in the Cause now
depending between you and C. D. in .... Court, or to any other
Person whatsoever, for the Use of your said Attorney or Attornies,
Counsellours, or Advisers, any other or larger Fee or Fees, Gratuity,
or Reward, either for Advice in the said Action, or any other Ser-
|
p. 41
|
|