Acts. 309

day but make Default shall be fined by the Justices of the
provinciall Court one Thousand pounds of Tob^o and Every
person and persons {freeholders returned by the Sev^ll Sher'of
the Sev^ll County Courts to serve as Jurors att the said County
Courts and having such Notice of the day of his or their Ap-
pearance as afd and shall not make his or their Appearance
att the day but make default shall be fined by the Justices of
the County Courts five hundred pounds of Tob^o to his Majesty
his heirs and Successors both the said fines to be to his Majesty
his heirs and Successors for the Support of the Government of
this province. Provided Nevertheless that all Magistrates
Delegates Coroners Schoolmasters Overseers of highways and
Constables dureing their Continuance in their respective
Stations or business shall be Exempt from any Attendance as
Jurors

C P.

And be itt further Enacted by the Authority afd by and
with the Advice and Consent afd that Every person that shall
be duly Served with process to Appear att the provinciall
Court as a witness to Testifie any Matter or thing there
depending and Shall not keep his day of appearance but make
default shall be fined by the Justices of the provinciall Court
one Thousand pounds of Tob^o and Every person that shall be
duly Served with process to Appeare in any of the County
Courts of this province as a witness to Testify in any matter
or thing there depending and shall not keep his day of Ap-
pearance but shall make Default shall be fined by the Justices
of the County Court where such Default shall happen the
Sume of five hundred pounds of Tob^o both which fines shall
be to his Majesty his heirs and Successors for the Support of
the Governmt of this province and the persons that shall be
Sumoned as Evidences and make default as afd shall not only
be Lyable to the fines afd but shall alsoe be Lyable to Answer
the party lor whome he shall be Sumoned in an Action upon
the Case for the Damages Sustained for want of his Appear-
ance to Testifie According to such Sumons and shall be held
to Speciall baile on Such Action and shall be Lyable to a
Conviction thereon for all Damages that shall be Sustained by
such party for want of such Evidence and shall alsoe be Lyable

p. 173

on such default att the request of the party for whome such
Evidence shall have been Sumoned to have his her or their
body or bodies Attached by process out of the Court to which
they were Sumoned which such Court is hereby Authorized
and required to Award Accordingly by Vertue of which pro-
cess the Sher shall be Obliged to have the body of such
Evidence att Court where such writt shall be returned to and
shall Oblige their Attendance att the said Court and in Case
any witness Sumoned or Attackd who being present shall

p. 174