Page:Ruffhead - The Statutes at Large - vol 3.djvu/100

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52 C. 7, 8. Anno tertio Jacobi I.   A. D. 1605

'(5) In respect whereof, as also for many other manifold Inconveniencies growing thereby, much Hurt and Prejudice must needs redound to all his Majesty's loving Subjects of this his Highness Realm of England, if Reformation for the Prevention of so great an Evil be not had in due Time:' (6) For Remedy whereof, be it enacted by the King's most excellent Majesty, the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, All the Kings Subjects may trade into and from Spain, Portugal and France. That it shall and may be lawful to and for all his Majesty's Subjects of this his Highness Realm of England and Wales, from henceforth at all Times to have free Liberty to trade into and from the Dominions of Spain, Portugal and France, in such Sort, and in as free Manner, as was at any Time accustomed sithence the Beginning of this his Highness most happy Reign in this his Realm of England, and at any Time before the. said Charter of Incorporation was granted, paying to the King's most excellent Majesty, his Heirs and Successors, all such Customs and other Duties as by the Laws and Statutes of this Realm ought to be paid and done for the same: The said Charter of Incorporation, or any other Charter, Grant, Act, or any Thing else, heretofore made or done, or hereafter to be done, to the contrary in any wife notwithstanding.

None restrained by Law may depart the Realm without Licence II. Provided always, That this Act, or any Thing therein contained, shall not be of Force to enable Liberty to any Person or Persons to go over Seas without Licence, who by the Laws and Statutes of this Realm, or by any Statute hereafter to be made, shall be restrained from going beyond the Seas without Licence; any Thing to the contrary notwithstanding.


CAP. VII
An. Act to reform the Multitudes and Misdemeanors of Attornies and Solicitors at Law, and to avoid unnecessary Suits and Charges in Law.

'FOR that through the Abuse of sundry Attornies and Solicitors by charging their Clients with excessive Fees and other unnecessary Demands, such as were not, ne ought by them to have been employed or demanded, whereby the Subjects grow to be overmuch burthened, and the Practice of the just and honest Serjeant and Counsellor at Law greatly slandered: And for that to work, the private Gain of such Attornies and Solicitors, the Client is oftentimes extraordinarily delayed:' An attorney shall have a Ticket of the Money which he giveth for Fees & c.[1][2](2) Be it enacted by the Authority of this present Parliament, That no Attorney, Solicitor, or Servant to any shall be allowed from his Client or Master, of or for any Fee given to any Serjeant or Counsellor at Law, or of or for any Sum or Sums of Money given for Copies to any Clerk or Clerks or Officers in any Court or Courts of Record at Westminster unless he have a Ticket subscribed with the Hand and Name of the same Serjeant or Counsellor, Clerk or Clerks, or Officers aforesaid, testifying how much he hath received for his Fee, or given or paid for Copies, and at what Time, and how often: A Bill of Charges[3][4](3) And that all Attornies and Solicitors shall give a true Bill unto their Masters or Clients, or their Assigns, of all other Charges concerning the Suits which they have for them, subscribed with his own Hand and Name, before such Time as they or any of them shall charge their Clients with any the same Fees Charges:An Attorney delaying his Client's suit or demanding more money than is due.
[5]
(4) And that if the Attorney or Solicitor do or shall willingly delay his Clients Suits to work or demand by his Bill any other Sums of Money, or Allowance upon his Account of any Money which he hath not laid out or disbursed, that in every such Case the Party grieved shall have his Action against such Attorney or Solicitor, and recover therein Costs and treble Damages, and the said Attorney and Solicitor shall be discharged from thenceforth from being an Attorney or Solicitor any more.


Who only shall be Attornies or Solicitors.[6] II. And to avoid the infinite Numbers of Solicitors and Attornies, be it enacted by the Authority of this present Parliament, That none shall from henceforth be admitted Attornies in any the King's Courts of Record aforesaid, but such as have been brought up in the same Courts, or otherwise well practised in soliciting of Causes, and have been found by their Dealings to be skilful and of honest Dispofition: (2) And that. none to be suffered to solicit any Cause or Causes in any of the Courts aforesaid, but only such as are known to be Men of sufficient and honest Disposition:No following of a suit in another's name[7] (3) And that no Attorney shall admit any other to follow any Suit in his Name; upon Pain that both the Attorney and he that followeth any such Suit in his Name, shall each of them forfeit for such Offence twenty Pound; the one Moiety whereof to our Sovereign Lord the King, his Heirs and Successors, and the other to Moiety to the Party grieved, to be recovered in any the said Courts of Record aforesaid, by original Writ of Debt, Bill, Plaint or Information, wherein no manner of Essoin, Wager of Law or Protection shall be allowed: And that the Attorney in such Case shall be excluded from being an Attorney for ever thereafter.[a 1]


CAP. VIII
An Act to avoid unnecessary Delays of Executions.

[a 2] 'F Orasmuch as his Highness Subjects are now more commonly witholden from their just Debts, and often in Danger to lose the same, by Means of Writs of Error, which are more commonly sued than heretofore they have been:' In What cases Execution shall be stayed upon by the Suit of a Writ of Error.[8][9][10][11][12][13][a 3][14][a 4](2) Be it therefore enacted by the Authority of this present Parliament. That from and after the End of this present Session of Parliament no Execution shall be stayed or delayed Upon or by any Writ of Error, or Supersedeas thereupon to be sued, for the reversing of any

Judg-

See also:
  1. Further provisions relating to Attornies 12 Geo. 1 c. 29 2 Geo. 2 c. 23. 6 Geo. 2 c. 27. ; 25 Geo. 2. c. 13; 22 Geo. 2 c. 46.; 23 Geo. 2 c. 26 and 33 Geo. 2 c. 16
  2. 32 H. 8 c. 5
  3. Farther Provisions relating hereto, 13 Car. 2 Stat. 2. c. 2.
  4. Farther Provisions relating to execution, 21. Jac. 1 c. 24; 16 & 17 Car. 2 c.5 & 8

  1. 3. Salk. 86,
  2. Aleyn 4.
  3. Carthew 57, 147.
  4. Raym. 245.
  5. 2 Geo 2. c. 22. sect. 23.
  6. 2 Geo. 2. c. 23.
  7. 2. Geo 2. c. 23 sect 10.
  8. 2. Busltr. 53,284.
  9. Moor 853. pl 1165.
  10. Cro. Jac. 402.
  11. Cro Car. 59.
  12. 1 Roll 329,392.
  13. 2 Roll 140.
  14. 4 Mod. 7, 8, 245, 246.
    Cro. Car. 59.
    Mod. Cases in Law 79,237.