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Proceedings and Acts of the General Assembly, May, 1730-August, 1732
Volume 37, Page 183   View pdf image (33K)
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Acts. 183


or hereafter to be commenced in any Court or Jurisdiction aforesaid,
shall willfully neglect, refuse, or deny to finish the same, so that their
Clients and Employers shall suffer Nonsuits or Judgments to pass
against them, or shall be obliged to employ some other Person or
Persons to prosecute or defend such Cause or Causes as aforesaid ;
such Attorney or Attornies so neglecting or refusing, shall be obliged
to refund all such Fees as they have, or shall receive of their Clients
or Employers; and also pay all such Damages, Costs, and Charges
as to the Parties may accrue by means of such Neglect or wilful
Refusal; which said Fees and Charges so laid out and expended,
or Damages sustained by such Client or Clients, Employer or Em-
ployers, if they exceed the Sum of Four Hundred Pounds of Tobacco,
or One Pound Thirteen Shillings and Four Pence Current Money,
shall be recovered in any County Court of this Province, as other
Debts or Damages are usually recovered: But if the said Damages,
Costs, and Charges do not exceed the Sum of Four Hundred Pounds
of Tobacco, or One Pound Thirteen Shillings and Four Pence Cur-
rent Money, the same shall be recovered according to the Directions
of an Act of Assembly of this Province, Intituled, An Act for the
speedy Recovery of small Debts.
Provided Always, That such Attorney, or other Practitioners of
the Law, employed in any Action as aforesaid, that shall depart this
Province, before the finishing such Actions, shall be exempted from
all Penalties inflicted upon Attornies, or others, by this Act, for not
finishing the Business they are employed in, if, before such Departure,
such Attorney, or other Practitioner of the Law, shall pay the Fee of
such other Practitioner of the Law as their Clients shall employ to
finish such Action; and give the best Instructions for doing the same
they are capable of; any Thing in this Act contained to the contrary
thereof, notwithstanding.
Provided Always, That nothing in this Act contained, shall be
construed to hinder any Attorney, or other Practitioner in the Law
whatsoever, from prosecuting or defending to Judgment, or final
End, any Action or Actions that hath been, or shall be brought, com-
menced, prosecuted, or defended, at any Time before the End of this
Session of Assembly, against any Person or Persons in this Province,
either in Behalf of himself, or any other Person; or hinder any
Practitioner in the Law whatsoever, from bringing, prosecuting, or
defending, in his proper Person, any Action or Actions that relates
to himself, if the said Practitioner of the Law shall make appear,
upon Oath, before the Court where such Action or Actions are
brought, or defended, that the said Action or Actions so brought, or
defended, are what he is really and bona fide concerned in, on his
own Personal Right, or as Guardian of any Minor, or Executor, or
Administrator of any Person or Persons deceased, without any
Deceit, Collusion, or Artifice whatsoever, to evade the Oath of At-
torney, or Client, prescribed by this Act.

Session
Laws



 
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Proceedings and Acts of the General Assembly, May, 1730-August, 1732
Volume 37, Page 183   View pdf image (33K)   << PREVIOUS  NEXT >>


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