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person who shall not upon examination, to the best of their knowledge, be found sufficiently qualified, to practise as an attorney, as aforesaid. II. And be it further enacted, by the authority afore-jo said, That every person desiring a licence to practise. #." as an attorney, as aforesaid, shall, before he be ex-practise as amined, produce to the examiners a certificate, from an attorney. some county court, or other inferior court, wherein he intends to practise, of his probity, honesty, and good demeanor; and shall also pay down, to such examiners, the sum of twenty shillings; after which it shall, and may be lawful for such examiners, and they are hereby impowered and required, to proceed to make such examination, and to grant such licence as aforesaid, under their hands and seals, or to refuse such licence to the person so examined, according as he shall appear fit and qualified, or not, upon such examination. And if the persons appointed by the general court, as aforesaid, shall refuse to be sworn, as aforesaid, or being sworn, shall grant any licence for the office of an attorney to any person applying to them, without producing such certificate as herein before directed, or shall accept of, or receive any greater fee or reward for the same, than before mentioned. they shall, respectively, for every such offence, forfeit and pay one hundred pounds; one moiety thereof to our sovereign lord the king, his heirs and successors, for and towards the better support of this government, and the contingent charges thereof; and the other moiety to him or them that will inform or sue for the same: To be recovered with costs, by action of debt or information, in any court of record within this colony. And every person obtaining a licence as afore- Attornies to said, before he shall be admitted to practise as an at-be sworn. torney, in any county court, or other inferior court, shall, before every such court, take the oaths appointed by law to be taken, instead of the oaths of allegiance and supremacy, and take and subscribe the oath of abjuration, and subscribe the test, and shall also take the oath of an attorney, as follows, to wit. I, A. B. do swear, that I will truly and honestly demean myself, in the practice of an attorney, according to the best of my knowledge and ability.—So help me God. And if any person whatsoever shall presume to practise as an attorney, in any such county court, or other
Penalty on examiners.
Penalty for inferior court without a licence first obtained, or with
E.; out qualifying himself in such court, in the manner in
icence or this act before-mentioned, he shall, for every such of .
without fence, forfeit and pay the sum of five pounds, for evequalifying ry cause he shall prosecute or defend, in any of the said courts; one moiety to his majesty, his heirs and successors, for defraying the contingent charges of this government; and the other moiety to the informer; to be recovered by action of debt or information, in any county or other inferior court, in this colony. convicts de III. Provided always, That no person that hath clared inca; been, or hereafter shall be convicted of any felonious *:::::::" crime, or crimes, shall be capable to obtain such licence. cence: And where any person, convicted of any felonious crime, shall obtain a licence, the judges of the general court, upon proof thereof made to them, shall, by their order, supersede his licence. G IV. And be it further enacted by the authority aforeen. court - - - ...nd said, That if any attorney shall misdemean himself, or disabic and act contrary to his duty, in his practice, the judgattoonies es of the general court, upon complaint and proof lo thcreof made before them, may, by their order, superselves. sede such attorney’s licenqe, suspend him for a time, or disable him for ever, from practising as an attorney, as they shall think just, without the solemnity of a Jury. Thi W. Provided always, and it is hereby enacted and his act not ro- - - - j declared, That this act, or any thing therein containbarristers or ed, so far only as relates to obtaining licence, shall attornies not be construed to extend to any barrister at law, !eretofore or any attorne tising in the general court licensed. y y, now practising in § C • or any attorney, who hath heretofore been examined, and obtained a licence, pursuant to the laws then in force, to pratise the law. County VI. Provided also, That nothing in this act conjoy tained shall be construed to hinder the justices of any j.n. county court, or other inferior court, from causing any tempt, or attorney practising in such courts, to find security for bind them, their good behaviour, or fining such attornies, for o misdemeanors, or contempts against them, in the same manner as if this act had never been made. And may or VII. And be further enacted, That if any attorney *... on to in any county court, or other inferior court, shall, Day costs oc- ...; , , ; ---- - !... wittingly, or willingly, be guilty of any neglect in their ne- any cause, the court before whom such cause shall be glect. depending, upon complaint, and proof thereof made,
within six months after such neglect, shall have power and authority to order such attorney to pay all costs occasioned by such neglect. VIII. And to prevent frivolous suits in the general courts, and trifling and vexatious appeals from the county courts, and other inferior courts, Be it further Gen. court enacted, by the authority aforesaid, That no attorney Attornoonot practising in the general court of this colony, during to practise the time of his practising therein, shall be admitted or in county suffered to prosecute or defend any cause or other mat-. ter, in any county court, or other inferior court de-ty. p pending: And if any such attorney shall presume to act contrary hereto, he shall, for every cause he shall so prosecute, or defend, forfeit and pay the sum of twenty pounds; one moiety to the party against whom he shall prosecute or defend such cause; the other moiety to the informer: to be recovered with costs, by action of debt, bill, plaint, or information, in any court of record in this dominion. But may finIX. Provided nevertheless, That such attorney shallish the cau. be at liberty to finish such causes in which he was be- ses in which fore employed, in any such courts, without incurring . ** the penalties inflicted by this act. ployed. X. Provided also, That nothing herein contained some inferishall be construed to extend to any barrister at law, or courts exor to prevent any attorney of the general court from ...'...' practising in the county courts of James-City, York, Warwick, Elizabeth-City, and Gloucester, or in the court of Hustings in the city of Williamsburg. N Xi. And be it further enacted, by the authority ...". aforesaid, That the judges of the general court shall lawyers to not permit, or suffer, more than two lawyers to argue oneo on one side, in any cause hereafter to be commenced, o” except in cases of life and death. É. XII. And be it further enacted, That all and every- other act and acts, clause and clauses, for or concern- .* ing any matter or thing within the purview of this “"“ act, shall be, and they are hereby repealed: And that when this this act shall commence from, and immediately after, act shall the tenth day of October next; and shall continue, * and be in force, for and during the term of four years; i...,ntin. from thence next following, and from thence to the end ue. of the next session of Assembly. -
.dn Jlct for encouraging the making Tar, and Hemp.
Preamble. I. WHEREAS the making good and merchantable tar, and hemp, fit for exportation, will be not only beneficial to the inhabitants of this colony, but also, by the supply of such naval stores, advantageous to the navigation and commerce of Great Britain: to the end therefore, that the makers thereof may have suitable encouragement, II. BE it enacted, by the Lieutenant Governor, CounPremium of cil, and Burgesses, of this present General Assembly, :* and it is hereby enacted by the authority of the same, ...'tar, That there shall be paid to the person and persons and of 4 shil. who shall make, or cause to be made, good and merlings fo, chantable tar, made from green trees, prepared after i. ght the following manner; that is to say, That when the of homo, trees were fit to bark, the bark thereof was stripped made ac- eight feet or thereabouts, up from the root of each o of tree, a slip of the bark about four inches broad being ...," left on one side of each tree; and that each tree, after be allowed being so barked, had stood one year at least, and was the maker not before that time cut down, for the making of tar; and to such person and persons who shall make, or cause to be made, within this colony, hemp, winter or water-rotted, dry, bright, and clean, the several rewards following, to wit, For every barrel of tar, made as before directed, two shillings; and for every gross hundred of hemp, made as aforesaid, four shillings. - III. And be it further enacted, by the authority afore* " said, That before any person shall be entitled to the the on said reward for tar, the maker thereof shall deliver a +or to: note in writing, specifying the mark and number of each barrel to a justice of peace, of the county where the same was made, and shall, before him, make oath, that the same is good, and nerchantable, and according to the directions of this act; and that each barrel doth contain thirty-two gallons of nett tar, and that it was made on his land, in the said county, or at what place, therein particularly describing the same; and that he, nur any other person for him, hath obtained a certificate, or received a reward or premium for the same: which oath such justice is hereby authorised aud required to administer, and to grant a certificate of the same being before him made; and the person intenuing to export such tar, shall produce such certificate to the naval officer, or collector of the district wherein the same shall be brought for exportation; and also, before him make oath, that the tar he in. tends to export is the same as is mentioned in such certificate: Which the said naval officer, or collector,
is hereby required to certify to the governor, or com- .
mander in chief of this dominion, for the time being, who is hereby impowered and desired thereupon to issue his warrant, to the treasurer of this colony, for payment of such sum and sums as shall appear due by virtue of this act. And for obtaining the aforesaid premium or reward, upon hemp,
IV. Be it further enacted, by the authority aforesaid, And for That any justice of peace, or constable, of any county hemp.
wherein hemp shall be made, may and shall, upon application of the maker or owner thereof, truly weigh all such hemp as to him or them shall be offered, and desired to be weighed, and shall give a certificate to the county court of the true quantity so weighed, and the name of the maker or owner thereof; for which such justice or constable shall have and receive, of such maker or owner, five shillings per ton, and so proportionably for a greater or less quantity; which certificate being produced to such county court, and
oath made before them, by the maker or owner, that
the hemp therein mentioned was duly weighed; and that, at the time the same was so weighed, it was winter or water-rotted, dry, bright, and clean, and made upon his or her plantation, in such county, or on what plantation the same was made, that he, nor any other person for him, hath obtained a certificate, or received a reward or premium for the same; the clerk of such court shall certify the same to the governor, or commander in chief of this dominion, for the time being; who, upon the party's producing such certificate, is hereby impowered and desired to issue his warrant, to the treasurer of this colony, for the payment of such sum or sums as shall appear to be due, by virtue of this act: And if any person whatsoever shall take a false oath, in obtaining any certifi
Penalty on ersons ta.
cate, whereby to entitle him or herself to any premium i.f. or reward given by this act, he or she so offending, oath to enti.