A Letter to John Wilkes, Esq; Sheriff of London and Middlesex: In Which the Extortion and Oppression of Sheriffs Officers, With Many Other Alarming Abuses, Are Exemplified and Detected; and a Remedy Proposed — John Shaqi
A Letter to John Wilkes, Esq; Sheriff of London and Middlesex: In Which the Extortion and Oppression of Sheriffs Officers, With Many Other Alarming Abuses, Are Exemplified and Detected; and a Remedy ProposedHolloway, Robert, active 1771-1808
History
A Letter to John Wilkes, Esq; Sheriff of London and Middlesex: In Which the Extortion and Oppression of Sheriffs Officers, With Many Other Alarming Abuses, Are Exemplified and Detected; and a Remedy Proposed
Holloway, Robert, active 1771-1808
Crime; Extortion; Freedom; Sheriffs
We will now consider what provision the laws have made against Barratry
and other iniquitous practices of pettyfogging attornies, from whom all
the other grievances, either positively or negatively, spring. My lord
Coke thus defines a Barrator; _that he is a common mover and maintainer
of suits in disturbance of the peace_, _and in taking and detaining the
possession of houses_, _lands_, _and goods by false inventions_, _and
therefore the indictment against him_ OUGHT _to be in these words_; viz.
that he is, COMMUNIOUS MALEFACTOR, CALUMNIATOR, & SEMINATOR LITIUM, &
DISCORDIARUM INTER VICINOS SUOS & PACES REGIS PERTURBATOR, &c. &c. which
is saying, that a barrator or pettyfogger is the most dangerous oppressor
in the law; for he oppresseth the innocent under colour of that law which
was made to protect them from oppression; and yet we have 500 of these
barrators or pettyfoggers in the courts at Westminster every term, in the
full exercise of their depredations, notwithstanding the laws expressly
pronounce the following sentence against them; viz. “that they shall be
rendered incapable of acting as attornies.”
“Attornies must produce receipts from under the hands of council, or
other persons receiving fees, if requested by their clients, or they
shall not be allowed them; and attornies must give in to their
clients a true bill, under their own hand-writing, of all such fees,
&c. one month before any action shall be brought against their
clients for the same.
“No attorney shall delay his client’s suit from any advantage to
himself, or demand more than his due fees and disbursements, under
pain of a fine and disability to act.
“If any attorney shall suffer any other person to prosecute any suit
in his name, he shall forfeit 20l.
“If any attorney’s bill, upon taxation, be reduced a SIXTH part, he
shall pay a penalty of 50l. and be disabled from acting as an
attorney.
“If any who have been convicted of perjury, forgery, &c. shall
practise as an attorney or solicitor in any suit or action, the
judge, where such action shall be brought, hath power to transport
the offender for seven years, under such pains and penalties as other
felons.
“If any attorney shall procure a blank warrant from any sheriff, with
intent to arrest, before a writ is delivered, he shall be expelled
and punished.
“Every attorney must enter and file a warrant of attorney in the suit
he is employed to prosecute, under the penalty of 10l.
“The plaintiff’s attorney must file his in the term he declares, and
the defendants his in the term he appears.
“And no attorney shall appear or plead a plea, without a warrant from
his client.”
Public-domain text, read in full here on John Shaqi.
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