the Support of the Government in this Province, the other Half to the
Informer,
or him or them that shall sue for the same; to be recovered by Action
of Debt, wherein no Essoin, Protection or Wager of Law to be allowed.
XII. And be it
further Enacted, by the Authority, Advice and Consent aforesaid,
That from and after the End of this present Session of ASsembly, no
Attorney or other Person whatsoever, shall practice the Law in any
of the
Courts of this Province, without being admitted thereto by the Justices
of
the several Courts, who are hereby impowered to admit and suspend them
(salvo Jure Coronæ) until his Majesty's Pleasure shall
be known therein. But
any Attorney, or any other Person practicing the Law in this Province,
or the
Plaintiff that shall sue in any County Court where he does not reside,
shall
be obliged to give Security for the Payment of all the Officers Fees
that shall
accrue upon any Suit by him to be commenced, either at the Time of
the
issuing of the Writ in the Action, or during the Continuance of the
Court to
which such Writ shall be returned, on Pain of paying such Fees himself,
or
suffering his Client to be Non-suited, in Default of such Security
to be given,
or of such Attorney signifying his Intention to pay such Fees; any
Law, Statute,
Usage, Custom, Rule of Court, of Order from any Persons to the contrary
notwithstanding.
XIII. Provided
always. That nothing in this Act shall extend, or be construed
to extend, to give Right to any Courts of this Province to admit any
Attorney, or other Person practicing the Law, to practice in any Court,
that
has been already refused so to do by his Excellency, and his Majesty's
Honourable
Council; nor to any Person that shall not qualify himself by taking
the
Oaths appointed to be taken by Act of Parliament made in the Sixth
Year of
the Reign of her late Majesty of pious Memory, entitled, An Act
for the Security
of her Majesty's Person and Government, and of the Succession to
the Crown
of Great-Britain in the Protestant Line.
Examined and Compared with the Original Act, REVERDY GHISELIN,
THOMAS BACON.
|
CHAP.
XLVIII.
Power of the
Courts to admit
or suspend
Attorneys,
&c.
Salvo Jure
Coronæ.
Security for
Fees shall be
given by
Plaintiffs who
reside in any
other COunty
than where
they sue.
But Courts
shall not admit
any to
practice as
Attorneys
who have
been refused
by the Governor
and
Council, or
who shall refuse
to take
the Oaths. |
WHEREAS sundry Laws of this Province have been re-enacted this
present Session, many whereof are not particularly repealed by the
Laws re-enacting them: Therefore for the better ascertaining what
Laws are in Force, It is hereby Declared
and Enacted, and be it Enacted,
by the King's most excellent Majesty, by and with the Advice
and Consent of his
Majesty's Governor, Council, and Assembly of this Province, and the Authority
of
the same, That all such Laws, or Acts of Assembly heretofore made,
which
have been considered and re-enacted this present Session, be, and are hereby
declared ti be repealed, abrogated, null and void, to all Intents and Purposes
whatsoever.
II. Provided
always, That nothing in this Act shall be construed to extend
to the Prejudice of any Action or Suit already commenced in any the
Courts of this Province, but that the same shall and may be adjudged and
determined
in such Manner as if this Act had not passed.
Examined and Compared with the Original Act, REVERDY
GHISELIN,
THOMAS BACON.
|
A General
Repeal of all
Acts heretofore
made,
which have
been re-enacted
this Session.
Proviso with
respect to Actions
already
commenced. |
