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Proceedings and Acts of the General Assembly, 1762-1763
Volume 58, Page 481   View pdf image (33K)
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Acts. 481


hereby Authorized and impowered to pass any Accounts of the
Estates of Deceased Persons without any Special Commission from
the Commissary General where the Amount of the Inventory of

Liber H. S.
No. 1

such Deceaseds Estate does not exceed the sum of one hundred and
fifty Pounds Current Money And whereas Pauper Estates by former
Laws of this Province do not exceed ten Pounds Current Money
Be it also enacted That during the Continuance of this Act all Estates
not exceeding thirty Pounds Current Money shall be Deemed Pauper
Estates and that in such Case there shall be no larger or other fees
taken by any Deputy Commissary than is by a Former Act settled
as to Pauper Estates not exceeding ten Pounds nor any fees at all
by the Commissary General And to Prevent the Clerks and Registers

p. 492

[Pauper
estate under
£30]

of the several Courts within this Province from Multiplying fees
by entring unnecessary Motions Petitions and Orders Be it Enacted
that in all Cases civil and Criminal where ever any motions are
made or Petitions tendered for any Order no entry shall be made of
them nor any charge either for motion Petition or Order unless
it shall be Particularly required by some party to the matter over
and above the sum Allowed by this Act to be charged and that then
and in such Case only the party at whose request such entry of
Motion Petition or Order shall be made shall be charged therewith
and be liable therefor in such Manner as is by this Act directed and
that the adverse Party shall not be liable for the Cost of such entry
of Motion Petition or Order over and above the sum Allowed by
this Act to be charged

[Unneces-
sary Motions
etc not to be
Charged]

o

And be it further enacted That no Officer or Officers their Clerks
Ministers or Servants in this Act mentioned shall charge any other
or larger fees than by this Act is Limitted and Appointed under any
Pretence Whatsoever nor under any other Denomination than men-
tioned in this Act unless the Consent and Approbation of the
General Assembly of this Province be first had and Obtained And
if any Officer or Officers their Servants Ministers or Clerks shall
Demand and take any other or larger Fee or Fees than is herein
before mentioned that then and in such Case they Forfeit and pay
to the Party or Parties from whom they shall Demand and take such
Extraordinary fee or fees not only the fee or fees so charged or
Taken but also the sum of Five thousand Pounds of Tobacco to be
recovered in any Court of Record within this Province by Action
of Debt action on the Case Indictment or Information wherein no
Essoin Protection or Wager of Law or more than one Impar lance
shall be Allowed And in Case the Party Grieved doth not Prosecute
the Officer so Offending within six Months from the Time of such
Offence Comitted that then and in such Case any other Person
may Prosecute for the same

[Penalty on
Officers
Charging
greater Fees,
than allowed
by this Act]

And be it further enacted that all Officers mentioned in this Act
who shall enjoy any the Offices aforesaid shall on or before the last
36

[Officers to
be Sworn]



 
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Proceedings and Acts of the General Assembly, 1762-1763
Volume 58, Page 481   View pdf image (33K)
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