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thereof, as public roads; and that all persons whatso ever, employed in and about any iron-works, now erected, or hereafter to be erected, shall be exempted from the duties of clearing, amending, and repairing any highways, or bridges, except such as are or sball be laid out and made, for the use and conveniency of such iron-work, and from clearing rivers and creeks, so long as they shall continue to be so employed, and

no longer. May take IV. And for the better making and repairing the timber for roads, and bridges, to and from any iron-works, It is bridges.

further enacted, that the overseers or managers of such works, have power and authority, from time to time, to cut down, take, and use, so much wood, and timber, adjoining or contiguous to the roads already laid out, or hereafter to be appointed, for the benefit and conveniency of their respective works, as shall be necessary for the making and repairing convenient bridges on the said roads, but shall not cut down, or take any timber, fit to make clap-boards, without the consent of the proprietor thereof, first had and obtained; and shall make satisfaction to the proprietor of such timber, as shall exceed fifteen inches diameter at the but-end of the tree, and if the value thereof cannot be agreed upon, between the manager of the ironwork, and the proprietor of such timber, or his, or her attorney, or agent, he, or slie may apply to ajustice of peace of the county where such timber shall be, who is hereby.impowered and required, to order and appoint three honest disinterested freeholders thereof, to value the same upon oath, in current money, without fee or reward, and to report such valuation to himself, or some other justice of the same county; and thereupon the owner or manager of such iron-work shall be compellable to pay such valuation, to the pro

prietor of the timber, his, or her attorney, or agent. Exempted

V. And as a further encouragement to adventurers from mus- in iron-works, Be it enacted by the authority aforesaid, ters.

That all persons whatsoever, which are, or shall be employed in and about the building, or carrying on any iron-work, already erected, or hereafter to be erected, or in cutting of wood, making coal, raising oar, or any other thing necessary for carrying on such work, shall, during the time of their being so employed, be exempted from serving in the militia, at any general or private muster, except in case of any invasion, insurrection, or rebellion.

VI. And that all tithable persons, who shall be so And levies employed in or about any iron-work, which shall be for 7 years. at any time hereafter erected, shall for the term of seven years from and after the beginning of such works, and notice thereof given by the respective owners or managers, 'to the court of the county wherein such furnace, or other works aforesaid, are intended to be erected and carried on, be exempted and discharged from the payment of public levies, but subject to the payment of parish and county levies; which nevertheless, during the said term of seven years after notice given as aforesaid, shall be repaid to such owners respectively, by an allowance and credit to be given them in the public levy, for so much tobacco as such parish and county levies shall amount unto.

Provided nevertheless, That the respective owners But must be Sor managers of such work or works, shall, upon or listed as tith! within twenty days after the tenth day of June in eve

ables. ry year, give a list of all the persons so to be employ. ed about such work or works, to the person appointed to take the list of tithables, in the precinct where they shall respectively live or be employed, or otherwise they shall not be entitled to any exemption or allowance for that year.

VII. And that if any of the persons, so to be ex- Penalty on empted as aforesaid, shall be employed in the planting planting to. or making of tobacco, the owner or owners of such work or works, shall for that year, lose the benefit of the exemption and allowance aforesaid for all the persons employed in and about such work or works: And moreover, if the same shall be done with his or their knowledge and consent, shall forfeit five hundred pounds of tobacco, for every person-above the age of sixteen years, constantly residing upon the plantation or plantations where such tobacco shall be so planted or made; and if the same shall be done without his or their knowledge or consent, the overseer of such plantation or plantations, shall be liable to the same penalty; to be recovered with costs, by action of debt, in any court of record of this colony, where the same shall be cognizable; one moiety of which forfeitures shall be to the king, his heirs and successors, for the better support of this government, and the contingent charges thereof, the other moiety to the informer.

bacco.

Proviso. VIII. Provided also, That nothing in this act con

tained, shall be construcd to extend to such person or persons, who shall sell wood to the owner, or owners, or managers of any iron-work, and shall employ his,

her, or their own servants, or slaves to cut the same. Repealing IX. And be it further enacted, by the authority aforeclause.

said, That all and every other act and acts, clause and clauses, beretofore made for or concerning any matter or thing within the purview of this act, shall

be, and are hereby repealed. Commence. X. And be it further enacted, That this act shall ment of this commence and be in force, from and immediately after act.

the tenth day of June, which shall be in the year of our Lord, one thousand seven hundred and fifty-one..

CHAP. XLVII.

An Act for regulating the practice of At.

tornies.

to be ap

court.

Preamble. I. FOR the better regulating attornies practising

in the several courts of this colony, Be it enacted, by the Lieutenant Governor, Council and Burgesses of this present General Assembly, and it is hereby enacted, by

the authority of the same, That the judges of the geneExaminers

ral court for the time being, shall, and they are hereby pointed by impowered and required, to nominate and appoint, from the general time to tiine, such, and so many of the council learn

ed in the law, and attornies practising in the said court, as they shall think fit, to examine into the capacity, ability, and fitness, of such persons as shall, from time to time, apply for a licence, to practise as attornies in the county courts, or other inferior courts of this colo. ny; and shall cause such nomination and appointment to be entered in the records of their court; which

persons, so nominated and appointed, shall, at the time And there of their nomination make oath, before the general

court, that they will well and truly examine into the capacity, ability, and fitness of all such persons as shall make application to them for a licence, to practice as attornies, and that they will not grant a licence to any

Sworn.

person who shall not upon examination, to the best of their knowledge, be found sufficiently qualified, to practise as an attorney, as aforesaid.

Method of II. And be it further enacted, by the authority afore

obtaining a said, That every person desiring a licence to practise licence to 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 in ends 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 gene- Penalty on ral court, as aforesaid, shall refuse to be sworn, as examiners. 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 cbarges 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 interior court, shall, before every such court, take the oaths appointed by law to be taken, instead of the oaths of allegi. ance 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 for inferior court without a licence first obtained, or withpractising without a

out qualifying himself in such court, in the manner in jcence or

this act before-mentioned, he shall, for every such ofwithout 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 taining a lia crime, or crimes, shall be capable to obtain such licence. cence: And where any person, convicted of any felo

nious crime, shall obtain a licence, the judges of the general court, upon proof thereof made to them, shall, by their order, supersede his licence.

IV. And be it further enacted by the authority aforeGen. court may suspend said, That if any attorney shall nisdemean himself, or disable and act contrary to his duty, in his practice, the judgattornies

es of the general court, upon complaint and proof misdemean. thereof made before them, may, by their order, supering themselves. sede such attorney's licence, 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.

V. Provided always, and it is hereby enacted and This act not 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, heretofore licensed.

or any attorney, now practising in the general court, 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 con. courts may tained shall be construed to hinder the justices of any fine attornies for con- 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 to their good misdemeanors, or contempts against them, in the same behaviour.

manner as if this act had never been made. And may or VII. And be further enacted, That if any attorney der them to in any county court, or other inferior court, shall, casioned by wittingly, or willingly, be guilty of any neglect in their ne.

any cause, the court before whom such cause shall be glect.

depending, tpon complaint, and proof thereof made,

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