CHAP.
XVIII.
No Fees on
Pauper Estates,
under
30 l. to the
Commissary
General.
i 1715, ch. 39,
§ 29.
Unnecessary
Motions, &c.
not to be
charged.
Exception.
Penalty on
Officers charging
greater
Fees, than allowed
by this
Act.
Fine of Prosecution.
All Officers
to take the
following
Oath.
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the Amount of the Inventory of such Deceased's Estate does not exceed
the
Sum of One Hundred and Fifty Pounds Current Money.
CVII. 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 i Act settled as to Pauper Estates
not exceeding Ten Pounds,
nor any Fees at all by the Commissary-General.
CVIII. And to
prevent the Clerks and Registers of the several Courts
within this Province from multiplying Fees, by entering unnecessary Motions,
Petitions and Orders; Be it Enacted, That
in all Cases civil and criminal,
wherever 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.
CIX. 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 limited and appointed, under any Pretence whatsoever,
not under any other Denomination than mentioned 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 Imparlance, 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 committed, that then and in such Case, any
other Person may prosecute for the same.
CX. 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
Day of
March, which shall be in the Year Seventeen Hundred and Sixty-four,
take
the following Oath, before some Provincial or County Magistrate, who is
hereby authorized and required to administer the same, viz. "
You A. B. do
" Swear, that you will well, faithfully, and impartially, to the best of
your Skill
" and Knowledge, execute your Office; and that you will not willingly or
wittingly
" charge, ask, take, exact or demand, any other or larger Fees, for doing
your
" Duty in your Office, than is mentioned in the Act entitled, An
Act for amending
" the Staple of Tobacco, for preventing Frauds in his Majesty's Customs,
" and for the Limitation of Officers Fees, now in Force." And
as often as
any Person or Persons shall be appointed for said Office or Offices, they
shall
take the said Oath, prior to their receiving any of the Profits of any
such
Office or Offices.
CVI. And be it
further Enacted, That Accounts of all Officers Fees in
this Act mentioned, shall be made out and drawn in a fair and clear Manner, |