Indictments or other attorney, so offending, shall forfeit and pay
for such his
Offence the Sum of Two Thousand Five Hundred Pounds of Tobacco; the
one Half to his Majesty, his Heirs and Successors, towards the Support
of
Government in this Province, the other Half to the Party grieved, or
to him
or them that shall inform or sue for the same; to be recovered in the
respective
County Courts of this Province where such Offence was committed, by
Action of Debt, Bill, Plaint or Information, wherein no Essoin, Protection
or Wager of Law to be allowed' neither shall the Party so offending,
have
any Appeal or Writ of Error, but the Judgment of the County Court shall
be definitive therein.
III. And
if the Clerk of the Provincial Court of this Province, or any of
the Clerks of the County Courts of this Province, shall issue out Process
in
criminal Causes, without an Order for the same, under the Hand of an
Attorney
practicing in the said Court or Courts, to justify the same; the said
Clerk or Clerks so offending, shall be liable to the same Forfeitures
and Penalty
of Attorneys so offending; and the said Forfeitures to be recovered
as
aforesaid, and go to the Uses aforesaid.
IV. And be it
further Enacted, by the Authority aforesaid, That the Attorney-General
of this Province, shall nor recover nor receive any FEe for any
Navigation Bond put in Suit, either where the Certificate was (before
the
Suit of the sid Bonds) lodged in the Secretary's Office of this Province,
or
where it can be proved that he knew that there was such Certificate
returned:
Neither shall the said Attorney-General receive or have any Fee for
any Bond
for Country Dues, where the said Bond appears not to be forfeited.
And if
the said Attorney-General, after the End of this Session of Assembly,
shall
sue any Bond taken contrary to act of Parliament, or any Bond taken
for
Country Dues, and no Bills of Exchange appearing protested, nor no
other
Failure to forfeit the said Bond, or where the said Certificate is
returned into
the Secretary's Office appointed for keeping the same, any of which
Cases
appearing to the Provincial Court, the said Attorney-General shall
not only
lose his Fees, but pay the Secretary's Fees, and what other Charges
the Party
hath been at in defending the same; to be adjudged by the Provincial
Court.
V. And whereas
several Persons have been sued, in his Majesty's Name,
for a certain Sum, without ever mentioning for what the said Bond was
taken;
so that the Persons do not know what Courses to take, or who to apply
themselves
to; BE it Enacted, by the Authority
aforesaid, by and with the Advice
and Consent aforesaid, That when any Writ is issued forth upon
a Navigation
Bond, taken in his Majesty's Name, it shall be endorsed on the Back-side
as
followeth; For whom the Person was bound, and in what Year.
If
a Sheriff's
Bond, at whose Request and Power it was sued; or Bond taken
in any of his
Majesty's Offices, in this Province, it shall be endorsed, at whose
Request it
was sued; and for want of such Endorsement, the Writ shall abate,
and the
Party grieved shall recover his Costs against the Attorney that sued
forth the
said Writ.
VI. And be it
Enacted, by the Authority aforesaid, by and with the Advice
and Consent aforesaid, That whensoever the Grand-Jury, in their
respective
County Courts of this Province, shall make a Presentment of the Breach
of
any the Laws of this Province, save only the " Act for speedy Trial
of Criminals,
and ascertaining their Punishment in the County Courts when prosecuted
there,"
if the Party or Parties presented confess his or their Crime, and submit
to the
Court, then the Clerk of Indictments, shall have One Hundred Pounds
of
Tobacco for his Fee, and no more: But f the Clerk of Indictments
draws a
Bill of Indictment upon the said Presentment, or Bill of Indictment,
and puts himself upon the
Country for TRial thereof, then the Clerk of Indictments shall have
Two
Hundred Pounds of Tobacco for his Fee, and no more.
|
CHAP.
XLVIII.
To be recovered
in the
County
Court,
without Appeal.
Clerks issuing
out such Process,
without
Order from
an attorney,
are liable to
the same Forfeitures.
in what Case
the Attorney
General shall
have no Fees
on Suit of
Navigation
Bonds,
nor of Bonds
for Country
Dues.
In what Cases
he shall not
only lose his
own, but pay
the Secretary's
Fees, and
all the Defendant's
Charges.
Navigation,
Sheriffs, and
other Bonds
taken in his
Majesty's
Name) being
put in Suit,
shall be endorsed,
and
how,
or the Writ
shall abate,
and the Attorney
pay
Costs.
If the Party
presented,
(except on ch.
26, of this
Session) submits,
the
Clerk of Indictments
shall have only
100 lb Tobacco
for his
Fee.
In case of
Traverse and
Trial, he shall
have 200 lb
Tobacco. |