304 Assembly Proceedings, November 1-December 20, 1765.

Liber H. S.
No. 1

Grand and Petit Juror who shall be summoned and attend any
County Court in Lieu and stead of all or any allowance or allowances
by any former Act or Acts of Assembly the Quantity of twenty four
Pounds of Tobacco per day, for every Day such Juror shall attend
any County Court aforesaid, besides the Quantity of Ninety Six
Pounds of Tobacco for each Cause and no more

p. 573

[No more
Charge to be
allowed in
the Bill of
Costs, than
of 3 wit-
nesses to the
proof of any
particular
Fact, &c, ex-
cept in Land
Affairs]

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 Inhance 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
prevention whereof for the Future. Be it Enacted that in any Action
or Actions already commenced or hereafter to be commenced there
shall not be allowed the Charge of more than three Witnesses to the
Proof of any one particular matter of Fact unless where Boundaries
of Land shall come in Question in which Case it Shall be in the
Discretion of the Court where such Cause shall be tryed to allow
a greater Number; nor shall there be allowed the Charge of any
other Witness or Witnesses who shall appear to the Court to have
been unnecessarily Summoned.

[Witnesses
residing in
other coun-
ties, shall be
allowed
itinerant
Charges at
the rate of
40 lb of To-
bacco per
Day in the
County
Court]

And be it further Enacted, that where any Person shall be sum-
moned to attend as a Witness to Testifie 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 County
to allow such Witness for so many Days itenerant Charges as the
said Justices shall think reasonable at the rate of Forty 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

[All which
may be dis-
charged in
Money
12 s. 6 per
cent]

Provided always and be it further Enacted that it shall and may
be Lawful for the Several and respective Inhabitants, and Suitors to
pay and discharge the said Several and respective Quantities of
Tobacco in Gold and Silver in the same manner as they are enabled
to pay and discharge the Public and County Levy

[The Act of
1760, Ch. 16
repealed]

[Duration]

And be it further Enacted that an Act of Assembly of this
Province made at a session of Assembly begun and held at the City
of Annapolis on the twenty Sixth day of September Anno Domini
Seventeen hundred and Sixty entituled an Act for increasing the
allowance of Grand and Petit Jurors who shall attend the Provincial
Court to Limit Costs with respect to Witnesses and Granting them
an Allowance for itenerant Charges, be and is hereby Repealed

This Act to continue three years and to the end of the next Session