376 Assembly Proceedings, 1694-1728.

Liber LL, 5
Acts

Cause the said Certificate or Certificates to be entered on Record
and the Judge or Justices of any Court or Courts Jurisdiction or
Jurisdictions of this province are hereby required not to Suffer any
Cause or Causes to be prosecuted or impleaded before them before
the several Oaths or Affirmations (if a Quaker) appointed by this
Law for Attorneys Plantiff & Defendant have been taken before them
or Certificates thereof returned as aforesaid.
And be it further Enacted by and with the Authority Advice and
Consent aforesaid that all and every Clause or Clauses Article or
Articles mentioned in any Act of Assembly of this province hereto-
fore made relateing to the Ascertaining and limiting of Attorneys
fees only be and are hereby declared to be repealed Abrogated and
made Void to all Intents Constructions and purposes Provided
that this Act nor any thing therein Contained shall Extend nor be
construed to extend to hinder any persons resident beyond the Seas
or in any of the neighbouring provinces or Collonies being Plantiffe
or Defendant in any action hereafter to be Commenced (who are not
actually in this province or Represented by their Agents or Attorneys
in fact at the time of Commencing such Actions) from prosecuting
or defending their action aforesaid without being tyed down to the
taking the Oath or Affirmation (if a Quaker) or Plantiffe or defen-
dant aforesaid anything in this Act to the Contrary notwithstanding
And be it further Enacted by the authority advice and Consent afore-

p. 69

said that the several Attorneys practicing the Law who shall here-
after in person attend the Circuit Courts within this province shall
be allowed to take and receive as a fee for prosecuting or Defending
any Cause in such Court of Assize to final End Agreement or other
determination thereof the Sum of four hundred pounds of Tobacco
over and above the fees before by this Act limited for prosecuting an
Action in the provincial Court any thing in this Act to the contrary
in any wise notwithstanding Provided nevertheless that in Case any
person shall ask advice of any Attorney or other person whatsoever
in order to the prosecuting any Action or Suit whatsoever if no
action be Commenced on such advice or action not defended by such
Attorney it shall and may be lawfull for such Attorney it shall and
may be lawfull for such Attorney or other person to take as a fee for
such Advice one hundred pounds of Tobacco or Ten Shillings Cur-
rent money at the Election of the party asking Advice to be paid at
the usual tobacco Seasons and no more under the pain and penalty
of five thousand pounds of Tobacco to be recovered before the Court
where such Action arises in a Sumary way And be it further Enacted
by the Authority Advice and Consent aforesaid that no person or
persons whatsoever practiceing the Law within this province or other
person within the purview of this Act shall presume to take or receive
of any person whatsoever in lieu of the tobacco fees by this Act
limited more than the Sum of Ten Shillings Current money p hun-