Volume 51, Page 293 View pdf image (33K) |
Chancery Court Proceedings, 1679. 293 Said Bill Exhibited into this Court Contained in it So much Scan- Liber C D dalous & Criminous matter ag.t the office Oath and duty of an At torney & in breach of Severall penall Statutes as the Statute of Champty & Maintainance and against the Act of Assembly made for p.239 makeing void and punishing all fraudulent practices tending the (fol. 292) defrauding of Reall purchase.rs and Creditors and the Same was maliceously Contrived prosecuted and Commenced on Set purpose by the Comp.It as much as in him lay to bring the defend.t to dis grace and disfavour with his Lordship the Lord Propry of this Prov ince and with the Justices of this high and Hon.ble Court and the Justices of the Provinciall Court where this defend.t is a Practicon.r and where this Defend.t is punishable for all misdemeano.rs and Crimes by him Comitted ag.t the Duty and oath of an Attorney as also to bring the Said George into hatred Scandall Reproach Evil fame Opinion Infamy displeasure and distrust amongst his Clyents and other the Good people of this Province by Chargeing this defend.t in Severall places of the Sd Bill with promisses to defend the p.lt and preserve his Estate from his Creditors without putting the p.lt to any Charge at all & Chargeing him with absolute knavery Contrary to his Oath, That after he had been Retained as Attorney for him in all Causes whatsoever as by Bill is pretended he En couraged & animated the Said Comp.lts Adversarys & Cred.rs to sue the Said Comp.lt and yet took fees of the Comp.It So Scan dalously Charged him with dealing on both Sides, as also Chargeing him fraudulent practices in makeing the Said Severall Deeds and mortgages in the Bill menconed in his the Said defend.ts name but in trust for the Comp.It to Save the Same from the Judgm.ts and Executions of his Creditors & Endeavouring by his Bill to Enforce this def.t by his Answer upon Oath to discover & Set forth the Said Supposed frauds & Practices and also to make himself his own Accuser and to bring him under the breach of the penalties of the Said Statutes & other punishments afores.d w.ch (if they were true) the defend.t could not by Law or Equity be Compellable to discover the Same and betray himself So that he the Said defendant was advised that this defendant ought not to Answer the Said Bill (lot. 293) till the Said Criminous and Scandalous matter aforesaid be Expunged out of the Said Bill as was usually done in Such Cases in this Hon.ble Court and therefore and for the other apparent insufficiencies in the Said Bill of Comp.lt the S.d defendant did Demurr in Law & de manded Judgem.t whether he Should make any further Answer unto the Said Bill of Comp.lt and prayed to be hence dismist with his Costs and Charges in that behalf wrongfully had and Sustained This Court thereupon and upon Reading of the Said Bill and De murrer was fully Satisfied that there was So much Scandalous and Criminous matter Couched & Contained in the Same Bill of Comp.lt that the Same was not onely not fit to be Answered unto by any |
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Volume 51, Page 293 View pdf image (33K) |
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