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Proceedings and Acts of the General Assembly, 1758-1761
Volume 56, Page 395   View pdf image (33K)
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Acts. 395


Jury shall be allowed the aforesaid Quantity of Ninety-six Pounds
of Tobacco, in the same Manner as if they had given their Verdict in
such Cause, and the same shall be paid by the Defendant or De-
fendants therein, and be allowed in his, her or their Bill of Costs
against the Plaintiff or Plaintiffs in such Cause.

Liber H. S.
No. 1

And be it further Enacted, That it shall and may be lawful for
the Justices of the Provincial Court of this Province, to allow unto
the Grand Jurors, who shall serve in the Provincial Court, towards
defraying the Expences of the said Jurors attending the said Court,
for every Court they shall attend, any Quantity of Tobacco not
exceeding Six Thousand Pounds, which shall be allowed in the
Public Levy of this Province, and paid in the respective Counties
where they reside.

[Allowance
to Provin-
cial Grand
Juries.]

And be it further Enacted, That it shall and may be lawful for the
Justices of the said Provincial Court, to allow to every Grand and
Petit Juror, who shall be summoned and attend the said Court, over
and above the Allowances aforesaid, for so many Days itinerant
Charges as the said Justices shall think reasonable, at the Rate of
Forty-eight Pounds of Tobacco per Day, to be allowed and paid
in the same Manner as the other Allowances herein mentioned are

[Jurors
itinerant
Charges.]

directed to be allowed and paid.
And whereas it is and has been a frequent Practice among Parties
to Suits, to summon several Witnesses to the Proof of one and the-
same Matter of Fact in a Cause, and many others who really know
nothing of the Fact, only to enhance the Costs, to the Great Burthen
and Oppression of the Party, who, by the Judgment of the Court
in such Cause, is awarded to pay the Costs of such Suit; for Pre-
vention whereof for the future, Be it Enacted, That in any Action
or Actions to be commenced after the End of this Session of As-

p. 395

sembly, there shall not be allowed the Charge of more than Three
Witnesses to the Proof of any one particular Matter of Fact, or of
any other Witness or Witnesses who shall appear to the Court to
have been unnecessarily summoned.

[Only 3
Evidences
allowed to
prove any
one Fact.]

And be it further Enacted, That where any Person shall be sum-
moned to attend as a Witness, to testify at any County Court within
this Province, who shall at the same Time reside in a different
County than that where such Court shall be held, to which he or
she shall be summoned to attend to give his or her Evidence, that it
shall and may be lawful in such Case, for the Justices of the same
Court, to allow to such Witness for so many Days itinerant Charges
as the said Justices shall think reasonable, at the Rate of Twenty-
four Pounds of Tobacco per Day, over and besides the Time that
such Witness shall attend such Court to which he or she shall be
summoned to give Evidence. Provided always, and be it further
Enacted, That it shall and may be lawful for the several and respec-
tive Inhabitants and Suitors to pay and Discharge the said several

[Itinerant
Charges al-
lowed to
Witnesses
living in
other
Countries.]



 
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Proceedings and Acts of the General Assembly, 1758-1761
Volume 56, Page 395   View pdf image (33K)
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