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Proceedings and Acts of the General Assembly, May, 1730-August, 1732
Volume 37, Page 77   View pdf image (33K)
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The Lower House. 77


Attornys & have always taken the Oaths of Attornys and are
Obliged to do not only all the Business of Attorny Sollicitor & Coun-
cil but Very Often of Book-keepers in drawing and Stating the
Accounts of their Clyents without which such Accounts wou'd not
be Intilligible and of Surveyors too in all Causes relating to the
bounds of Land which are much the Greater number of Ejectments
and Actions of Trespass and even of drawing the Entrys of Clerks
and returns of Sherrifs to prevent Errors in the Proceedings the
Circumstances have very frequently induced the Clyents to give
the Lawyer such Gratuitys as they (the Clyents) have thought
reasonable Compensations for the Services done them, or which they
Expected of which they (the Clyents) were always the Judges and it
is to be presumed Seldom Exceeded what was reasonable and the
Lawyers clare not insist on any thing more than the Limitted fees.
Tobacco being the Staple Commodity of Maryland the Lawyers fees
are Limitted & Paid in that Specie which is Generally Collected by
the Sherrifs who have ten p Cent for their Commissions which the
other Deductions commonly Amount to Twenty or Twenty five p
Cent and the Lawyers are frequently Obliged to go to Law with the
Sherrifs for their own Tobacco especially when tis of any Value and
Very Often by the Insolvency of them (the Sherrifs) and their
Sureties Either Loose it or are Obliged to make disadvantages
Compositions after the Loss of much time and a good Market and
after having been at a Very great Expence, to Avoid which Incon-
veniencys the Lawyers have frequently sold their Tobacco to their
Clyents sometimes for Current price and often for Less, but by this
Late Act of Assembly they (the Lawyers) are Prohibited to take
more than Ten Shillings Current Mony which is but 7s 6d Sterling
p Cent of their Clyents tho some of them wou'd much rather pay the
Market price if twice that Sum than Tobacco in Specie which people
Can't do at some Seasons of the year without great Inconvenience
Especially when their own Tobacco is disposed of and they are
Obliged to buy of Others at a disadvantage,

L. H. J.

Then the Lawyer is reduced to the unhappy necessity of puting his
Clyent to Inconvenience thereby disobliging him & loose his business
or give up a part of his right by selling at any under rate, People
are Encouraged to make or deal in any sort of Commodity that is
sometimes of Very Little Value in Expectation of its Advanceing &
of their receiveing the full benefit of that Advance which tis presumed
every one has an undoubted Right to as well as to dispose of every
thing that he has any Property in to his best Advantage. But this
Act of Assembly tho' it allows a person [that] Practices the Law a
Certain quantity of Tobacco for his fees yet it restrains him from
selling that Tobacco for above such a price which restraint will
appear to be the more unequal & unjust when it is Considered ( that
as the fact really is) Tobacco is a Very Precarious Commodity and
Sometimes not worth four shillings p Cent in many parts of the

p. 193



 
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Proceedings and Acts of the General Assembly, May, 1730-August, 1732
Volume 37, Page 77   View pdf image (33K)   << PREVIOUS  NEXT >>


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