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An action having been raised against Mrs Ferrie by Mr Robertson for payment of an account for business, Mrs Ferrie was assoilzied with expences; and decree for these expences went out in name of Mr Strahan, her agent. Strahan extracted the decree for expences, and gave a charge for payment.
Under this section of the statute, the charger, besides being liable for the statutory penalty, was incapacited to act as agent, to the effect of recovering any fee due to him, or any disbursements made by him during the period he was not possessed of such certificates. It is not sufficient that the party afterwards paid up the arrears, and obtained his certificate, as the act declares that the new certificate must be taken out within ten days after the former certificate expires; and, till that is done, he is disqualified from acting as agent to the effect of prosecuting for his expences.
Lord Eldin, Ordinary. Act. Fullarton. Tho. B. Ferrie, W. S. Agent. Alt. Shaw. Party, Agent. Sir R. Dundas, Clerk.
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