ATTORNEYS.
paid 1000 lb Tobacco, except where the Debt or Damage
recovered be upwards of 2000 lb Tobacco, or
10 l. Sterling, in which Case he shall have 200 lb Tobacco.
For prosecuting or defending any Cause, Plaint
or Action, in the Provincial Court, to final Judgment,
&c. 400 lb Tobacco. For any Fee in the Chancery
or Admiralty Court, 600 lb Tobacco, For any
Fee in the Commissary's Court, 400 lb Tobacco. For
any Fee upon Writ of Error or Appeal, before the
Governor and Council, 600 lb Tobacco. To the Attorney-General,
for any Action in the Provincial Court
at the Suit of the Crown, Indictment, Presentment,
or Information, 400 lb Tobacco, and no more. Any
Practitioner of the Law, demanding or receiving more
than herein limited, shall be incapable of practicing the
Law in any Court in this Province for the future.
Ibid. §. 7, 8.
7. Attorneys Fees, by this Act, are levyable by
Execution,
and the Sheriffs are obliged to levy and execute
the same accordingly. Ibid. §. 10.
8. All Bills, Bonds, or other Specialties, taken
by
an Attorney or County Clerk, shall be indorsed for
what, or how they became due; or, in Default thereof,
shall be void. Ibid. §. 9.
9. Attorneys neglecting their Clients Cause, the
County Courts (when the lawful Costs accruing by
such Negligence do not exceed 400 lb Tobacco) are
impowered to adjudge the Attorney to pay the same.
But if above 400 lb Tobacco, the Client shall be left
to his Remedy at Common Law. 1722, ch. 12, §. 4.
10 Attorneys practicing in any County Court, are
liable to Actions in that County, as if they were actual
Inhabitants thereof. Ibid.
11. For the Attorney's Fee in Causes of Equity,
in
the County Court; see Advancement of Justice, 9.
12. No Attorney shall Charge more than one Fee,
on any Bond whatsoever, altho' there by one or more
Sureties thereto, for suing or bringing the same to
Judgment, of for Defence thereof; rating the Fees
from the real Balance due, and not from the Sum mentioned
in the Condition. 1747, ch. 23, §. 7.
13. On Discontinuance of Action thro' Default
of
any Attorneys neglecting to bring the Cause to Decision
within the Time limited in this Act, such Attorney,
so neglecting, to the Prejudice of his Client, shall
forfeit in the Provincial Court, 5000 lb Tobacco, and
in a County Court, 2000 lb Tobacco, with all Costs
accruing by such Default: One Half of which Fine to
the party grieved, the other Half to his Lordship, for
the Use of the County School. 1721, ch. 14, §.
1.
See Advancement of Justice, 4. Appeal,
11. Continuance
of Actions, 2.
Foreign Debts, 4. Magistrates,
1. Navigation Bonds,
2. Officers Fees,
1, 2. Process Civil,
1. Special Bail, 2, 3.
Specialties, 1.
AUDITA QUERELA. See Advancement of Justice, 7.
Bonds, 2. Tobacco Debts, 3.
B.
BACON, BEEF, PORK.
1. ALL Persons, not being Inhabitants, (See below,
Art. 6 and 7,) exporting any Pork, Beef, or
Bacon, shall [ay the several Imposts following, (to be
employed towards maintaining Free-Schools within
this Province) viz. For dried Beef or Bacon, 12 d.
per
C.wt. and so in Proportion for
a greater or lesser Quantity:
For Pork or Beef undried, 12 d. per Barrel, containing
200 wt. And no undried
Beef or Pork shall be
exported but in Cask as aforesaid, 1704, ch. 27,
§. 1 and 5.
2. The said Impositions to be collected by the
several
Naval Officers, who shall account annually for
the same to the Public Treasurers, and the Treasurers
render Account thereof to the General Assembly. Ibid. |
BACON, BEEF, PORK.
3. Non-Residents (See below,
Art. 6 and 7,) Shipping
any Beef, Bacon, or Pork, before Duty paid, or
Caution given, and Certificate thereof obtained from
the Naval Officer; or Shipping any Beef or Pork undried,
not being in Cask as aforesaid, shall forfeit all
such Meat, &c. One half to the use of the Free-Schools,
the other to the Informer. Ibid. §. 2 and 6.
4. Naval Officers are impowered, on Suspicion,
to
enter any Ship, &c. and Search for any such Goods
for which no Duty i paid, &c. and the same to seize
and have condemned according to this Law. Ibid.
§. 4 and 5.
5. Any Master of a Ship or Vessel convict of taking
on board any Beef, Bacon, or Pork, contrary to the
Meaning of this Act, shall forfeit 500 lb Tobacco;
one Half to the Use of the Schools, the other to the
Informer. Ibid. §. 7.
6. All Persons Trading to and from this Province,
shall be deemed Non-Residents, not having a seated
PLantation of 50 Acres at least, where they, with
their Families (if any) have resided for One whole
Year next before any Benefit claimed under this Act;
or having a House in some Port or Town, as their
own proper Freehold, 40 Feet in Length, and 20 Feet
in Breadth, with two Brick Chimneys, wherein such
Person hath dwelt for One whole Year as aforesaid,
Nor shall any such Persons, having Houses in any
Town, &c. enjoy such Benefit, longer than they and
their Families shall actually reside in such Town, &c.
Ibid. §. 8.
7. Persons Trading directly from England to
this
Province, shall not be deemed Foreigners, but have
equal Privilege, in the Exportation of Meat dried
or undried, with the Inhabitants of this Province.
Ibid. §. 9. See Gauge of Barrels.
BAIL. See Special Bail.
BAIL BONDS.
The Sheriff shall not, in any Action
of trespass,
take a Bail Bond exceeding 8000 lb Tobacco, where
no Declaration is sent with the Writ, although the
Damages by laid for any greater um whatsoever than
4000 lb Tobacco, on Penalty of 4000 lb Tobacco;
one Half tot he Support of Government, the other
Half tot he Party grieved. 1715, ch. 46, §. 3.
BALLAST.
Ballast shall not be unladen, or cast
out of any Ship
or other Vessel, any where above Cedar Point in Chesopeak
Bay, nor into any River, &c. below High Water
Mark, on Forfeiture of 50 l. Currency. 1735,
ch. 16, §. 2. See Harbours.
BANISHMENT. See Coins, 1. Seals, 1.
BANKRUPTS.
1. The Factors or Agents in Maryland
(of Persons
who have imported Goods into this Province, and are
become Bankrupts in England) who have not accounted
for such Cargoes to their Principal, before Action
of Account brought against them, or legal Demand
thereof by the Commissioners of Bankrupts, shall be
accountable to such Commissioners, as to their Principals:
And such Commissioners shall have the same
Right to such Goods, &c. as they have to any Goods
of such Bankrupt in England. 1704, ch. 29, §.
1.
2. But no such Commission shall be executed, before
the Factors of such Commissioners of Bankrupt shall
have put in good Security, to satisfy the Debts contracted
in this Province by such Bankrupts or their
Factors, after Importation of such Cargoes. Ibid. §.
2.
3. No Assignment, Assurance, Conveyance, &c.
whatsoever, of any Goods, Chattels, Effects, Lands,
&c. (executed by Persons Trading to this Province,
and residing in Great-Britain, or elsewhere out of this
Province, at the Time of executing the same) shall be
of any Force in Law or Equity, till the Person to whom
such Assignment, &c. is made, or his Agent or Attorney |