CHAP.
XXXVII.
Appearing
and refusing
to give Evidence,
may
be committed.
Every Provincial
Grand
Jury, to be
allowed 3000
lb Tobacco,
in the Public
Levy.
Every County
Grand Jury,
to be allowed
500 lb
Tobacco, in
the County
Levy.
Allowance to
Juries. See
the Note below.
No Person to
serve as a Petit
Juror in
any Court
where he hath
issue depending
for
Trial the
same Court.
Allowance to
Witnesses, in
the Provincial
Court,
40 lb Tobacco
per Diem. |
by process pout of the Court to which they were summoned, which such
Court
is hereby authorised and required to award accordingly, by virtue of
which
Process the Sheriff shall be obliged to have the Body of such Evidence
at the
Court where such Writ shall be returned to, and shall oblige their
Attendance
at the same Court. And in case any Witness summoned or attached,
who
being present, shall refuse or delay to give his Evidence, such Witness
shall
be committed to Hail, there to remain till he shall willingly do the
same.
VI. And
for
the ascertaining the Expences of Jurors and Evidences; Be
it
Enacted, That
it shall and may be lawful for his Majesty's Justices of the
Provincial Court of this Province,
to allow unto the Grand Jurors that shall
serve in the Provincal Court, towards
the defraying the Expences of the said
Jurors, for every Court they shall
attend, any Quantity of Tobacco, no exceeding
Three Thousand Pounds of Tobacco,
at the Discretion of such Justices,
to be paid our of the Public Levy
of this Province.,
VII. And
be it also Enacted, That it shall
and may be lawful for the Justices
of the several and respective County
Courts of this Province, to allow
unto the Grand Jurors that shall
serve in the several and respective County
Courts, any Sum of Tobacco, at the
Discretion of the said Justices, not exceeding
Five Hundred Pounds for each Court
they shall serve; to be paid out
of the several and respective County
Levies.
VIII. And
be it further Enacted, That it
shall and may be lawful for the
Justices of the Provincial Court,
to allow unto every Petit Juror summoned
to serve in the same Court, the
Sum of * Thirty Pounds of Tobacco for every
Day such Juror shall attend in such
Service, to be paid them in the Public
Levy, besides the Sum of †
One Hundred and Twenty Pounds of Tobacco,
to be allowed every full Jury that
shall pass their Verdict in any Cause, to be
paid by the Party for whom such
Verdict shall pass, and be allowed in the
Bill of Cost as usual: And
that the Clerk of the Provincial Court, for the
Time being, lay a List of all Persons
that served as Petit Jurors in he Provincial
Court; with an Account of the Number
of Days they attended, and
the Counties they were returned
for, before the Committee for laying and apportioning
the public Levy yearly, under the
Penalty of Six Thousand Pounds
of Tobacco, to the King, his Heirs
and Successors, for Support of Government;
to be recovered by Bill, Plaint
or Information, wherein no Essoin,
Protection or Wager of Law shall
be allowed; for which he shall be
allowed in the Public Levy, Two
Hundred Pounds of Tobacco, and no more.
* 48 lb Tobacco per Diem, in lieu of all Allowances by any former
Act, 1760, ch. 16, §. 2.
† 96 lb Tobacco for every full Jury. Ibid.
See
1719, ch. §. 2, for the Penalty on Persons giving more to a
full Jury than 120 Pounds
of Tobacco, or 12 Shillings in Money.
IX.
And
to
prevent Partiality in Jurors
Be it
Enacted, by the Authority,
Advice and Consent aforesaid,
That
no Sheriff shall summons any Person to
serve as a Petit Juror in any Court
whatsoever, where he hath Knowledge
such Person hath any Matter of Fact
depending for Trial at the same Court
he is summoned to serve in; and
that no Person having such Matter of Fact
depending for Trial as aforesaid,
shall be admitted as a Qualified Juror, between
Party and Party, during the Sitting
of such Court that such Matter of
Fact shall be, or expected to be
tried in.
X. And
be it further Enacted, by
the Authority, Advice and Consent aforesaid,
That it shall and may be lawful
for the Justices of the Provincial Court
to allow unto every Person or Persons,
that shall be legally summoned to give
their Evidence in the said Courts,
the Sum of Forty Pounds of Tobacco, and
no more, for every Day they attend
at such Court, together with their itinerant
Charges, as usual, to be allowed
by the Court, and paid by the person
summoning them, and to be charged
in the Bill of Cost, in Cases of Meum |