Page:Ruffhead - The Statutes at Large - vol 7.djvu/225

 A.D. 1749. Anno viceiimo fecundo Georgii II. C. 4.6. i8r Msjcfty's Courts of Record at Wcftminjler, and duly inrolled purfuant to an Aft made in the fecond Year of his prefcnt Majefty's Reign (intituled, An ASi for the better Regulation of Attornies and SoUciton) or un- lefs fuch Perfon fhall hereafter be admitted an Attorney, and inrolled as a^orefaid by virtue of this A&, or iuch other Law as {hall be then in Being, and unlefs fuch Perfcn fnall continue fo entered upon the Roll, at the Time of fuch his acling in the Capacity aforefaid ; but all and every Perfon or Perfons refpeiftively, who (hall fo ad, not being admitted and inrolled as aforefaid, fliall be fubjedl and liable to a Penalty of P^na'ty s*J' fifty Pounds ; to be recovered by Adion of Debt, Bill, Plaint or Information, in any of the Courts of P.e- Auoi'ni-s'fuHVr- Cord at U'lj'ijnirjier, by any Perfon or Perfons who fliall fue for the fame, v/ithin tvv'elve Months after the j„j, x'^d^r.^ nil Offence committed, with treble Cotts of Suit ; and if any Attorney cr Attornies fhall permit and fufter any a.'mjttcd to ufe Perfon or Perfons whatfoever, not being admitted and inrolled as aforefaid, to make ufe of his or their their Names, to Name or Names refpeftively, in the Courts of General or Quarter-Seffions aforefaid, fuch Attorney or At- [°'^'^'^ 5°'- tornies refpeflively fliall be fubjeft and liable to a like. Penalty of fifty Pounds, to be recovered in Manner ^ 26^^/iff°i*' aforefaid. XIII. Provided always. That nothing herein contained fliall extend, or be conflrued to extend, to deprive Perfons cxtmi-t- the Attornies of the Dutchy of Lancafier, or of the Courts of Great Seffions in JVales, or of the Counties '^'^• Palatine of Cliefler, Lancafler and Durham, from acting within their refpedlive Jurifdidions. XIV. ■ ' ■ ' •• - - - ■ • • " ' • •- .■...- Seffior Ol' his - . ., , , . , , . . - ace as iMw Septetnlw, aft as a Solicitor, Attorney or Agent, or fue out any Procefs, at any General or Qiiarter- Seffions ^.c. ^t Qua;... of the Peace to be held for fuch County, Riding, Divii'ion, City, Town Corporate, or other Place within Seffions lor the this Kingdom, where he fhall execute the Office of Cleric of the Peace, or Deputy Clerk of the Peace, County, i:c. Under-Sheriff", or Deputy, on any Pretence whatfoever ; but if any Clerk of the Peace, or his Deputy, or any Under-Sheriff", or his Deputy, fliall prefume to aft as a Solicitor, Attorney or Agent as aforefaid, fuch Clerk of the ^eace, or his Deputy, Under-Sheriff", or his Deputy refpeftively, fliall be fubjeft and liable to a like Penalty of fifty Pounds, to be recovered in Manner aforefaid. Penalty 50 I. ' XV. And whereas feveral Perfons have been bound by Articles in Writing to Attornies of one of his ' Majefty's Courts at TVcflminfer, to ferve them as their Clerks for the Term of five Years, which Attor- ' nies have died before the Expiration of the faid five Years, and after their Deaths fuch Perfons fo bound ' have ferved the Remainder of the faid Term with fome other Attornies of the faid Courts, but have ne- ' glefted to enter into Articles with the faid other Attornies for the Remainder of the Term of five Years, ' and therefore Doubts have arifen, whether fuch Perfons could be admitted Attornies of any of his Ma- ' jefty's Courts, by reafon that fuch Service was not ftriftly in purfuance of the Direftion of the before- ' mentioned Aft ;' Be it therefore enafted and declared by the Authority aforefaid. That all fuch Perfons Clerks, ^hols who fliall have been fo bound as aforefaid for the Term of five Years to Attornies of any of his Majefty's ^^^fters have Courts at IVefminJler, which faid Attornies fliall have died before the Determination of the faid Term, jf ^"^^. 'i^"''ng the fuch Perfons fhall afterwards, and before the twenty-fifth Day of March one thoufand feven hundred and Tbies with' ""^ forty-nine, have ferved the Refidue of the faid Term of five Years, with fonie other Attornies of one of his others without Majefty's faid Courts, though without entering into any new Articles, fuch Perfons having fo ferved during <"'=* Contradis, the faid Term of five Years, fliall and may be admitted Attornies in any of his Majefty's Courts at IVeJi- to be admitted. minfier any thing in the faid Aft, or in this prefent Aft, contained to the contrary in any wife notwith- ftanding. XVI. And be it further enafted by the Authority aforefaid. That any Perfon who fliall have been admitted Perfons admit- uarier- have continued in fuch Service for the Space of three Years, or more, and fliall have been admitted a Wait- Vears, S;c. ing Clerk, and afted as fuch during the Refidue of the faid Term of five Years, may be examined, fworn, and admitted and inrolled as a Solicitor, in the fame Manner as Solicitors in Courts of Equity are by the maybeadmit- faid Aft required to be examined, fworn, admitted and inrolled; any thing in the faid Aft to the contrary ted Solicitors. notwithftanding. XVII. Provided alfo, and it is hereby further enafted That if any fworn Clerk in the faid Six Clerks Clerks, whofs Office, with and to whom any Perfon hath been, or fliall be bound by Contraft in Writing as aforefaid, M^'tt^rs have to ferve as a Clerk for the Term of five Years, fliall happen to die before the Expiration of the faid Term '^"^'^' ^y '='^- pf five Years, or if fuch Contr;,ft fliall, by mutual Confent of the Parties, be vacated, or in cafe fuch Clerk contra'Ss" *and ( be legally difcharged by any Rule or Order of the Court of Chanecry, before the Expiration of the faid fcrvi.ig tiie Re- 1] Term of five Years ; then, and in any of the faid Cafes, if fuch Clerk fliall by Contraft in Writing be fiiiuc of their obliged to ferve, and fliall accordingly ferve as a Clerk to any other fworn Clerk in the faid Six Clerks Office, Time, the fame f or to any Solicitor who fliall be fworn, admitted and irjrolled, purfuant to the (liid Aft of the fecond Year '" ''= '='f':'Sual. I, of his prefent Majefty, during the Refidue of the faid Term of five Years, then fuch Service fliall be deemed and taken to be as good and efteftual as if fuch Clerk had continued to ferve as a Clerk for the { aforefaid. I XVIII. Provided always, and it is hereby further enafted by the Authority aforefaid. That no fworn Ko fworn Clerk (Clerk in the iaid Six Clerks Office fliall have more than two Clerks st one and the fame Time, in- to have more eluding the Clerk who fhall be entered on the Roll kept by the Mafter of the Rolls, or his Secretary, for than two Cler!«, that Purpofe. ': XIX. Provided alfo, and it is hereby further declared and enafied by the Authority aforefaid. That no- „ j thing in this Aft contained fliall extend, or be conftrued to extend, to the Taking or Binding, Examina- emp-«l' ™" I tion, Swearing, Admiflion or Inroilmcut t>f the Attornies, or Clerks of the Offices of the King's Remcm- farancf.'',
 * Term of five Years to the fame Perfon to whom he was originally bound by Contract in Writing as