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Proceedings and Acts of the General Assembly, May, 1730-August, 1732
Volume 37, Page 78   View pdf image (33K)
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78 Assembly Proceedings, May 21-June 16, 1730.

L. H. J.

Country & very few buyers at any price; And that then the Lawyer
will be sure to have his fees paid him in Tobacco when it is not of any
Service; But when it is Valuable he is Excluded a Share of the
Common benefit besides the hardship put upon the Lawyers the Cly-
ents are Deprived of the Service of those Lawyers that they Actually
employed and pay fees to in the Business now depending and that
will not Qualify themselves by taking the Oath Prescribed which Very
few of the Profession that are not induced thereto by mere Necessity
or Very Ignorant will do and those that trade into the Province (tho
it is known that the Inhabitants Cannot Subsist without being Sup-
plyed by them) are put under unheard of Difficulties and hardships
by the following Provisoe.
Provided that this Act nor any thing therein Contained shall
Extend nor be Construed to Extend to hinder any Person or Persons
resident beyond the Seas or in any of the Neighbouring Provinces
or Collonies being Plaintiff or Defendant in any Action hereafter
to be Commenced who are not Actually in this Province or repre-
sented by their Agents or Attornys in fact at the time of Com-
mencing such Action from Prosecntin'g or Defending their Action
aforesaid without being Tied down to the taking- the Oath or
Affirmation (if a Quaker) of Plantiff or Defendant aforesaid any-
thing in this Act to the Contrary Notwithstanding.

p. 194

Tho' Seemingly made -in favour of non Residents vet as it is
Penned it is Conceived puts them under this Dilemma that if they
have Agents or Attornys in fact in the Country they (the non
Residents) are Obliged to take the Oath of Plantiff or Defendant
themselves within this Province if they have not Agents or Attornys
in fact they need not Swear But then they are Incapable of suing
or Defending themselves from any Suits Commenced against them
(which are Common in Order to Attack their Effects') without some
Person to Represent them. This Dilemma will remain as long as the
Law remains in force & Whether that should be for the whole three
years or a Shorter time the non Residents will be great Sufferers
it being very Certain that the least Obstruction in recovering or
Securing a Debt is Very often the Loss of it these things being
promised it is thought necessary to add that the Province of Mary-
land was Granted by his Late Majesty King Charles' the first of
Blessed Memory to his Lordship the Lord Baltemore by a Charter
under the great Seal of England & that the better to Encourage
people to Come into the Province & reside in it besides the power
granted to the Lord Proprietor Several Very Simple Priviledges are
Granted by the Royal Charter to the people such as the Participation
of all the Rights Libertys & Priviledges of English Subjects in the
Strongest and most Comprehensive Terms & that nothing may be
wanting for the good Government & Happiness of the Country
the Lord Proprietary with the Assent of the freemen or there Rep-
resentatives are Empowered to make and Enact Laws to enforce



 
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Proceedings and Acts of the General Assembly, May, 1730-August, 1732
Volume 37, Page 78   View pdf image (33K)   << PREVIOUS  NEXT >>


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