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Proceedings and Acts of the General Assembly, 1724-1726
Volume 35, Page 462   View pdf image (33K)
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462 Assembly Proceedings, March 15-23, 1725/6.

L. H. J.

Ordered that James Stoddert and John Beale Esqrs go to the
Upper House to Acquaint his Honour the Governor thereof
They Return and say they delivered their Message
Colo Holland from the Upper House Acquaints Mr
Speaker that his Honr the Govr Requires him and the whole
house to Attend him immediately in the Upper house and
withdrew.
Thereupon Mr Speaker with the whole House go to the
Upper House where his Honr the Govr was pleas'd to make
the following Speech, Viz.

p. 2

Gentlemen of the Upper and Lower Houses of Assembly.
I am Sorry to Convene You at this unusuall time of the
year, but it is Occasioned by the Gentlemen of the Law, who
refuse to plead the Causes begun before the Act made Last
Sessions Relateing to Attorneys; It is very hard the Clients
should pay the ffees in those Causes & be nonsuited: What
the Gentlemen practitioners said in the Chancery Court was,
that the Letter of the Law restrained them from pleading
any Causes whatsoever, Except they took the Oath appointed
by the Act. I could not be of their opinion, And therefore gave
them leave to plead the old Causes if they would have so done,
for it would be a very great Absurdity to Suppose the At-
torneys should Swear they would not take any ffee more than
the Act allows, when they had already taken more or to Sup-
pose Certificates of the Client's Oath Could be returned to the
Courts before we had an Act to direct it so to be. A Judge
should determine According to an Equitable Construction
for tis madness to Suppose Impossibilitys, Therefore I cannot
think the Act wants any Amendment in this pticular; What
opinion other Courts have been of, And what has passed
therein, you Gentlemen of the severall Countys are best
acquainted with.
Another fflaw the Gentlemen have found out is, that tho' a
Merchant is represented here by his Attorney Nevertheless
the Merchant must Swear. The Assembly could never Sup-
pose such an Absurd thing, therefore it is Equally as mad
as the first I have menconed and must have been from some
Slip of the pen in Transcribing the Act. Great Hopes are
built on this pticular that the Merchants will make Interest
to get a dissent to the Act. However to be out of Doubt, It is
very Easy to draw a new Act with what Little alterations
may be thought proper.
I Cannot help thinking it a Just and good Law, for nothing
is taken from the Attorneys that was Allowed by Law (if it
appears otherwise it was not design'd) And the poor are upon
an Equall footing of Justice with the Rich. The poor cannot



 
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Proceedings and Acts of the General Assembly, 1724-1726
Volume 35, Page 462   View pdf image (33K)
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