352 Assembly Proceedings, May 1-June 12, 1739.

L. H. J.
Lib. No. 45

received a General order from the said Edmund Jenings Esq^r to
receive no Declaration or other pleading whatever into the said
Office, untill Security was given by the parties to the said Pleadings
respectively, for such fees as should arise due to the said Secretary
in such Actions,
that the said Edmund Jenings Esq^r then and still Secretary of
this Province was employed from the beginning of the said Action
on behalf of Both the said Defendants, as their Attorney, that for
want of the recept of such Declaration into the said office for the
reasons aforesaid, a non suit was had against the said Ann Cock-
shutt, and she was Surprized and taken with an Execution for Costs
thereon that upon the Renewal of the said Action by the said Ann
Cockshutt against the said Charles Drury and John Campden he the
said Joseph Hall was oblidged to give a Judgment Bond in the
penalty of ten Thousand Pounds of Tobacco, payable to the said
Edmund Jenings Esq^r as security for all such fees as should Accrue
due to the said Edmund Jenings, in the said Action, before the writ
was Suffered to Issue from the said office. That the said Hall
deemed himself by the Discourse between him and the said Edmund
Jenings, Esq^r in Calvert County aforesaid, Chargeable with, and
Liable to pay unto the said Edmund Jenings, all such fees as should
have accrued due in the said Action.
And your said Committee humbly observe, that the said Hall is
a person of undoubted Credit and that Altho, he had not, by the
Discourse aforesaid, deemed himself Liable for the said fees, yet the
said Ann Cockshutt, also, by repute, is a person of good Credit and
Ability, and very Capable to have paid any Costs that had, or Could
have arisen in the Prosecution of the said Suit. Your Committee
humbly Conceive, that such Actings and Doings are a let Hindrance
to, and a Denial of Justice, and greatly tend to the unnecessary
Multiplication of fees and of Course to the unnecessary Burthening
the subject; and that the taking of Judgment Bonds or any Bonds
in such Cases is Extortion; and that it is a great Aggrievance, and
a present growing Evil against Law and Reason that his Lordships
Secretary of State who is thereby Chief Clerk of the Provincial,
and Chief Register in Chancery Courts, his Deputy, Clerks or other
officers of Any Courts of Record within this province, to whose
power, Care and Keeping, the records of such Courts are Committed
and who take and receive to themselves the profits and Advantages
of the fees arising on all Actions Commenced and Prosecuted should
be admitted to practice as attornies, Solicitors or Councellors, in
such Courts the fees whereof do arise and Accrue due unto them-
selves: and that the whole is a heavy and oppressive Aggrievance

p. 839

and loudly calls for Redress But the same is humbly Submitted to
the Consideration of your Honourable House
Signed p Order of the Committee. S Bordley Clk.