Page:Ruffhead - The Statutes at Large - vol 5.djvu/734

 696 C. 23. Anno fecundo Georgii II. A e D. 1729, his Fitnefs and Capacity to act as a Solicitor in Courts of Equity, be fatisfied that fuch Perfon is duly qua- lified to be fo admitted. The Name of XXII. And be it further enacted by the Authority aforefaid. That from and after the firft. Day of July the Attorney to one thoufand feven hundred and twenty-nine, every Writ and Procefs for arrefting the Body, and every be written on Writ of Execution, or fome Label annexed to fuch Writ or Procefs, and every Warrant that fhall be made everyWr.it, &c - out upon any fuch Writ, Procefs or Execution, fhall, before the Service or Execution thereof, be fubfcribed or indorfed with the Name of the Attorney, Cleric in Court or Solicitor, written in a common legible Hand, by whom fuch Writ, Procefs, Execution or Warrant reflectively fhall be fued forth ; and where fuch At- torney, Clerk in Court or Solicitor fhall not be the Perfon immediately retained or employed by the Plaintiff in the Action or Suit, then alfo with the Name of the Attorney or Solicitor fo immediately retained or em- ployed, to be fubfcribed or indorfed and written in like Manner ; and that every Copy of any Writ or Pro- cefs that fhall be ferved upon any Defendant, fhall, before the Service thereof, be in like Manner fubfcribed or indorfed, with the Name of the Attorney or Solicitor, who fhall' be immediately retained or employed by the Plaintiff in fuch Writ or Procefs. Attornies, &c. XXITI. And be it further enacted by the Authority aforefaid, That from and after the firft Day of July not to com- one thoufand feven hundred and twenty-nine, no Attorney or Solicitor of any of the Courts aforefaid, (hall rnencean Aaion cornrnence or maintain any Action or Suit for the Recovery of any Fees, Charges or Difburfements at Law Month after De- or m Equity, until the Expiration of one Month or more, after fuch Attorney or Solicitor refpectively fhall livery of their have delivered unto the Party or Parties to be charged therewith, or left for him, her or them, at his, her or Bills. their Dwelling-houfeor laft Place of Abode, a Bill of fuch Fees, Charges and Difburfements, written in a common legible Hand, and in the Englijh Tongue (except Law Terms and Names of Writs) and in Words at length (except Times and "Sums) which Bill fhall be fubfcribed with the proper Hand of fuch Attorney or Solicitor refpectively ; and upon Application of the Party or Parties chargeable by fuch Bill, or of any other Perfon in that Behalf authorized, unto the faid Lord High Chancellor, or the Malter of the Rolls, or unto any of the Courts aforefaid, or unto a Judge or Baron of any of the faid Courts refpecvtively, in which the Bufinefs contained in fuch Bill, or the greateft Part thereof in Amount or Value, fhall have been tranfacted ; and upon the Submiffion of the faid Party or Parties, or fuch other Perfon authorized as aforefaid to pay the whole Sum, that upon Taxation of the faid Bill fhall appear to be due to the faid Attor- Judges, &c. to ney or Solicitor refpectively, it fhall and may be lawful for the faid Lord High Chancellor, the faid Matter refer Bills to be of the Rolls, or for any of the Courts aforefaid, or for any Judge or Baron of any of the faid Courts re- m* ed ' 7 •• h " Ut fP e< ^' ve ly> an d they are hereby required to refer the faid Bill, and the faid Attorney's or Solicitor's Demand brought into thereupon (although no Action or-Suit fhall be then depending in fuch Court touching the fame) to be taxed Court, &c. an d fettled by the proper Officer of fuch Court, without any Money being brought into the faid Court for that Purpofe ; and if the faid Attorney or Solicitor, or the Party or Parties chargeable by fuch Bill refpectively, having due Notice, fhall refufe or neglect to attend fuch Taxation, the faid Officer may proceed to tax the faid Bill ex parte (pending which Reference and Taxation no Action fhall be commenced or profecuted touching the faid Demand) and, upon the Taxation and Settlement of fuch Bill and Demand, the faid Party or Parties fhall forthwith pay to the faid Attorney or Solicitor refpectively, or to any Perfon by him autho- rized to receive the fame, that fhall be prefeftt at the faid Taxation, or otherwife unto fuch other Perfon or Perfons, or in fuch Manner as the refpective Court aforefaid fhall direct, the whole Sum that fhall be found to be or remain due thereon, which Payment fhall be a full Difcharge of the faid Bill and Demand ; and in Default thereof the faid Party or Parties fhall be liable to an Attachment or Procefs of Contempt, or to fuch other Proceedings, at the Election of the faid Attorney or Solicitor, as fuch Party or Pai :ies was or were before liable unto ; and if, upon the faid Taxation and Settlement, it fhall be found that fuch Attor- ney or Solicitor fhall happen to have been overpaid, then in fuch Cafe the faid Attorney or Solicitor re- fpectively fhall forthwith refund and pay unto the Party or Parties intitled thereunto, or to any Perfon by him, her or them authorized to receive the fame, if prefent at the fettling thereof, or otherwife unto fuch other Perfon or Perfons, or in fuch Manner as the refpective Court aforefaid fhall direct, all fuch Money as the faid Officer fhall certify to have been fo overpaid ; and in Default thereof the faid Attorney or Solicitor refpectively fhall in like Manner be liable to an Attachment or Procefs of Contempt, or to fuch other Pro- ceedings, at the Election of the faid Party or Parties, as he would have been fubject unto, if this Act had not been made ; and the faid refpective Courts are hereby authorized to award the Cofts of fuch Taxations ' to be paid by the Parties, according to the Event of the Taxation of the Bill (that is to fay) if the Bill taxed be lefs by a fixth Part than the Bill delivered, then the Attorney or Solicitor is to pay the Cofts of the Taxa- tion ; but if it fhall not be lefs, the Court in their Difcretion fhall charge the Attorney or Client, in regard to the Reafonablenefs or Unreafonablenefs of fuch Bills. Attorney, &c. XXIV. And be it further enacted, That from and after the firft Day of December one thoufand feven in their own hundred and thirty, in cafe any Perfon fhall, in his own Name, or in the Name of any other Perfon, fue anyWnt'&c" out an y Writ or Procefs, or commence, profecute or defend any Action or Suit, or any Proceedings, in any not inrolied, of the Courts of Law or Equity aforefaid, as an Attorney or Solicitor, for or in Expectation of any Gain, forfeit 50 1. Fee or Reward, without being admitted and inrolled as aforefaid, every fuch Perfon, for every fuch Offence, fhall forfeit and pay fifty Pounds to the Ufe of fuch Perfon who fhall profecute him'forthe faid Offence, ar.d is hereby made incapable to maintain or profecute any Action or Suit in any Court, of Lav/ or Equity, for any Fee, Reward or Difburfements on Account of profecuting, carrying on or defending any fuch Action, Suit or Proceeding. Forfeitures how XXV. And be it further enacted by the Authority aforefaid, That the Penalties and Forfeitures incurred to be recovered, by any Perfon offending againft this Act, may be recovered by Action of Debt, Bill, Plaint or Informa-. tion, in any of his Majefly's Courts of Record at Weftmlnfter, or in any of the Courts of Record of and for the Counties Palatine of Chcjier, Lancq/ier and Durham, or in any of the Courts of Great Seffions in Wales, for Offences committed within the Jurisdictions of fuch Courts refpectively, or at the Aflizes. or Ge- ne, a]