Continuance of Laws, etc. Act 1748
| Jurisdiction | UK Non-devolved |
| Citation | 1748 c. 46 |
| Year | 1748 |
(22 Geo. 2) C A P. XLVI.
'WHEREAS the Laws herein after mentioned (which have by Experience been found useful and beneficial) are near expiring;' May it therefore please your Majesty, that it may be enacted; and be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authorityof the same, That an Act made in the third Year of the Reign of his present Majesty, intituled,An Act for reviving and amending an Act made in the sixth and seventh Years of the Reign of his late Majesty KingWilliamthe Third, intituled , 'An Act to prevent Exactions of the Owners of Locks and Wears upon the RiverofThames Westward, and for ascertaining the Rates of Water Carriage upon the said River;' which was to continue in Force from the first Day of May one thousand seven hundred and thirty, for the Term of nine Years, and from thence to the and of the then next Session of Parliament; and which by another Act made in the thirteenth Year of the Reign of his present Majesty, for continuing several Laws therein mentioned, was further continued from the Expiration thereof, until the first Day of June in the Year of our Lord one thousand seven hundred and forty-seven; and which by another Act made in the twentieth Year of the Reign of his present Majesty, for continuing several Laws therein mentioned, was further continued till the first Day of June one thousand seven hundred and forty-nine, shall be, and the same is hereby further continued from the Expiration thereof, till the first Day of June which shall be in the Year of our Lord one thousand seven hundred and fifty.
II Geo. 2. c. 23. continued to 24 June 1757. Made perpetual by 30 Geo. 2. c. 19. sect. 75.
II. And be it further enacted by the Authority aforesaid, That an Act made in the second Year of the Reign of his present Majesty, intituled,An Act for the better Regulation of Attornies and Solicitors , which was to be in Force from the first Day of June one thousand seven hundred and twenty-nine, for the Term of nine Years, and from thence to the End of the then next Session of Parliament; and which by an Act made in the twelfth Year of his present Majesty, for continuing several Laws therein mentioned, was explained and amended, and further continued until the twenty-fourth Day of June one thousand seven hundred and forty-eight, and from thence to the End of the then next Session of Parliament, shall be, and the same is hereby, together with the Alterations and Amendments made by the said Act of the twelfth Year of his present Majesty, and those herein after-mentioned, further continued, from the Expiration thereof until the twenty-fourth Day of June which shall be in the Year of our Lord one thousand seven hundred and fifty-seven, and from thence to the End of the then next Session of Parliament.
III. And for the better preventing unqualified Persons from being admitted Attornies and Solicitors, and for rendering the said Act more effectual for the Purposes thereby intended; Be it enacted by the Authority aforesaid, That every Person who shall, from and after the first Day of one thousand seven hundred and forty-nine, be bound by Contract in Writing to serve as a Clerk to any Attorney or Solicitor, as by the said Act is directed, shall, within three Months next after the Date of every such Contract, cause an Affidavit to be made and duly sworn of the actual Execution of every such Contract, by every such Attorney or Solicitor, and the Person so to be bound to serve as a Clerk as aforesaid; and in every such Affidavit shall be specified the Names of every such Attorney and Solicitor, and of every such Person so bound, and their Places of Abode respectively, together with the Day of the Date of such Contract; and every such Affidavit shall be filed within the Time aforesaid, in the Court where the Attorney or Solicitor to whom every such Person respectively shall be bound as aforesaid, hath been inrolled as an Attorney or Solicitor, with the respective Officer or Officers, or his or their respective Deputy or Deputies, in the respective Courtsherein after-mentioned, who shall make and sign a Memorandum or Mark of the Day of filing every such Affidavit at the Back or at the Bottom thereof.
IV None to be admitted before such Affidavit be produced.
IV. And be it further enacted, That no Person who shall, after the said first Day ofJuly , become bound as aforesaid, shall be admitted or inrolled an Attorney or Solicitor in any Court in the said Act mentioned, before such Affidavit, so marked by the proper Officer as aforesaid, shall be produced and openly read in such Court, where such Person shall be admitted and inrolled an Attorney or Solicitor.
V Officers who are to file such Affidavits.
V. And it is hereby enacted and declared, That the several Persons following shall be deemed and taken to be the proper Officers for filing such Affidavits in the respective Courts herein after-mentioned (that is to say) in the High Court ofChancery , the senior Clerk of the Petty Bag Office, or his Deputy; in the Court of King's Bench , the Chief Clerk of that Court, or his Deputy; in the Court of Common Pleas , the Clerk of the Warrants of that Court, or his Deputy; in the Court of Exchequer , the King's Remembrancer of that Court, or his Deputy; in the Court of the Dutchy Chamber of Lancaster at Westminster , the Chief Clerk of that Court, or his Deputy; and in the several Counties Palatine of Chester, Lancaster and Durham , the respective Prothonotaries of the said Counties Palatine, and their respective Deputies; and in the several Courts of the Great Sessions ofWales , the respective Prothonotaries of the said Courts, and their respective Deputies.
VI Book to be kept for entering the Names and Places of Abode of every such Attorney and Clerk, &c.
VI. And be it further enacted, That every such Officer or Officers, or their respective Deputy or Deputies, filing such Affidavit as aforesaid, shall keep a Book, wherein shall be entered the Substance of such Affidavit, specifying the Names and Places of Abode of every such Attorney or Solicitor, and Clerk or Person bound as aforesaid, and of the Person making such Affidavit, with the Date of the Articles or Contract in such Affidavit to be mentioned, and the Days of swearing and filing every such Affidavit respectively; and every such Officer or Officers, or his or their Deputy or Deputies, shall be at Liberty to take, at the Time of filing every such Affidavit, the Sum of two Shillings and six Pence, and no more, as a Recompence for his Trouble in filing such Affidavits, and preparing and keeping such Books as aforesaid, and which said Books shall and may be searched in Office Hours, by any Person or Persons whatsoever, without Fee or Reward.
VII No Attorney to take, &c. a Clerk after discontinuing Business.
VII. And be it further enacted, That from and after the said first Day ofJuly , no Attorney or Solicitor shall take, have or retain any Clerk, who shall become bound by Contract in Writing as aforesaid, after such Attorney or Solicitor shall have discontinued or lest off, or during such Time as be shall not actually practise as, or carry on the Business of an Attorney or Solicitor.
VIII Clerks to be employed in their proper Business during the Time of their contract.
VIII. And be it further enacted, That every Person who shall, from and after the said first Day ofJuly , become bound, by Contract in Writing, to serve any Attorney or Solicitor, as by the said Act is directed, shall, during the whole Time and Term of Service, to be specified in such Contract, continue and be actually employed by such Attorney or Solicitor, or his or their Agent or Agents, in the proper Business, Practice or Employment of an Attorney or Solicitor.
IX Affidavit of the Execution of second Contracts by such Clerks, the Service of 5 Years to be deemed effectual.
IX. Provided always, and it is hereby enacted, If any such Attorney or Solicitor, to or with whom any such Person shall be so bound, shall happen to die before the Expiration of such Term, or shall discontinue or leave off such his Practice as aforesaid, or if such Contract shall by mutual Consent of the Parties be cancelled, or in Case such Clerk shall be legally discharged by any Rule or Order of the Court, wherein such Attorney or Solicitor shall practise, before the Expiration of...
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