64 Assembly Proceedings, October 2-November 30, 1771.

U. H. J.
Liber No. 36
Nov. 26

The present Assize Bill (as well as of former Assize Laws)
directs the Records to be made out for the Trial of Issues in Fact
at the Assizes. In these cases there are no Judgments entered up or
Transcribing the Pleading into a Book. The Suits may abate, be
agreed or discontinued. If an Action be prosecuted in the Provincial
Court, and afterwards another Action in the County on the same
Bond may not the former be pleaded in Bar of the latter? If a Suit
be abated by the Death of the Defendant, and without Delay re-
newed against his Executor or Administrator, may not the Bar from
the length of Time be avoided by pleading the former Suit, and
recent renewment? In either of the Cases put; tho' the Proceed-
ings be not Transcribed into a Book, may they not be properly re-
ferred to as Records?
In what respects the Clerks differ in their manner of charging we
do not know; but what is wrong we are willing to Correct. It is
true that when it becomes necessary to Transcribe the Pleadings
into a Book, the trouble is greater than when this Business is not

p. 623

done, and the Reward therefore is not always Proportioned to the
trouble; but this exact Proportion between the Service, and the
Reward cant always be maintained
By the Laws of this Province yet in full Force, an Attorney has
an Allowance of the "same" Fees on Finishing a Suit in which he
is concerned, whether it End in a Judgment, after the Trial of Issues
in Fact, Arguments on Demurrer, and Motion in arrest of Judgment
or by the Death of one of the Parties immediately after Appearance,
and yet on the whole we presume you will not strenuously content
that the Fee allowed by Law is extravagant, and requires Reduction.
As to the Time of Payment we do not perceive any Inconvenience
from it, but what may fall upon the Improvident, whom hardly any
Indulgence can save from Distress. If the Farmer is supposed to be
unable to pay before he shall have disposed of his Crop, Your Time
of the 10.^th of August would not Suit his Circumstances, for he
could not dispose of his Crop to advantage till some Months after
that Day.
As to the Tublick and County Levy, and Parochial Charges when
the former shall be laid, the Law directing it may properly appoint
the Time of Payment, and for the most part they who may be con-
cerned in the County Levy, or parochial Charges may make their
Contracts or have their Allowances suited to the time of Payment;
but they who cant, we agree ought to be paid in the same manner
with the Officers and Lawyers.

p. 624

As to the Inspectors Bonds, we shall only observe, that there
ought to be a Security against the Oppression of Inspectors as well
as of other Men, and that, as the Bill is framed we apprehended they
might be perpetually harrassed by Groundless Suits and receive no
Satisfaction for the Costs attending their Defence.