CHAP.
XLVIII.
Attorney's
Fees in the
several Courts
limited.
County
Court.
Provincial
Court.
Chancery
and Vice-Admiralty.
Commissary's
Court.
Court of Appeals.
Attorney General's
Fee on
Indictments,
&c.
Attorneys demanding
or
taking more,
to be incapable
of practicing
for the
future.
Specialities
taken by Attorneys,
or
County
Clerks to be
endorsed, &c.
otherwise
shall be void.
Attorney's
Fees to be on
Execution.
No Clerks
shall deliver
any Blank
Writs to Attorneys,
&c.
on Penalty of
6000 lb Tobacco.
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VII. And be
it further Enacted, by the Authority, Advice and Consent aforesaid,
That from and after the End of this present Session of Assembly, there
shall be paid to any Attorney or other Person practicing the Law in
any of the
County Court of this Province, for bringing, prosecuting, or defending
any
Action, of what Nature or Quality soever, to final Judgment, Agreement,
or
other End thereof, the Sum of One Hundred Pounds of Tobacco; unless
the principal Debt and Damage, or Balance of any Debt or Damages sued
for and recovered, do exceed the Sum of Two Thousand Pounds of Tobacco,
or Ten Pounds Sterling; that then the said Attorney shall have Two
Hundred Pounds of Tobacco, and no more: And to any Attorney,
or other
Person, practicing the Law in the Provincial Court, HIgh-Court of Chancery,
Commissary's Court, Court of Vice Admiralty, or for prosecuting or
defending
any Appeals, Writs of Error, or any other Matter or Thing whatsoever,
before his Excellency the Governor and Council, the several Sums hereafter
expressed and set down, (That is to say,) For Prosecuting or
Defending any
Cause, Plain or Action, of what Nature soever, in the Provincial Court,
to
final Judgment, Agreement, or other End thereof, the Sum of Four Hundred
Pounds of Tobacco, and no more: For any Fee in the High-Court
of
Chancery, and Court of Vice-Admiralty, Six Hundred Pounds of Tobacco,
and no more: For any Fee in the Commissary's Court, Four Hundred
Pounds
of Tobacco, and no more: For any Fee upon any Writ of Error,
or Appeal
which shall be before his Excellency the Governor and Council, Six
Hundred
Pounds of Tobacco, and no more: And to his Majesty's Attorney-General,
for any Action in the Provincial Court, at the Suit of his Majesty,
Indictment,
Presentment, or Information, the Sum of Four Hundred Pounds of
Tobacco, and no more; any Law, Statute or Custom to the contrary in
any
wise notwithstanding.
VIII. And be
it further Enacted, by the Authority, Advice and Consent aforesaid,
That if any Attorney, or other Person, practicing Law in any of the
aforesaid Courts, do presume to ask, receive, take or demand, any greater
or
larger Fee than before by this Act appointed, and be thereof legally
convicted,
he shall be uncapable to practice the Law in any Court of this Province
for the future.
IX. And be it
further Enacted, by the Authority, Advice and Consent aforesaid,
That all Bills, Bonds, or other Specialties, taken by any Attorney,
or
other Person practicing the Law in any of the aforesaid Courts, or
any Bills,
Bonds, or other Specialties, taken by any of the Clerks of any County
Court
of this Province, from and after the End of this Session of Assembly,
shall
be endorsed on the Back-side thereof, For what Matter, or how the
same did become
due: And for Default thereof, all such Bills, Bonds and
Specialties shall
be void; any Law, Usage or Custom to the contrary notwithstanding.
X. And be it
further Enacted, by the Authority, Advice and Consent aforesaid,
That the Fee and Fees herein before allowed to be taken by any Attorney,
or other Person practicing the Law in any of the aforesaid Courts,
shall
be levied by way of Execution, in such Manner and Form as other Officers
Fees are or have been levied; and all and every the Sheriffs of the
several
Counties of this Province are hereby obliged, authorized and impowered,
to
levy and execute the same accordingly; any Law, Statute or Custom to
the
contrary notwithstanding,
XI. And be it
further Enacted, by the Authority, Advice and Consent aforesaid,
That no Clerks of any Courts within this Province, shall, after the
End
of this present Session of Assembly, deliver to any Attorney, Sheriff,
or other
Person, any Blank Writ or Writs whatsoever, on Penalty of Six Thousand
Pounds of Tobacco; one Half to his Majesty, his Heirs and Successors,
toward |
