Reward, as has become due to any Person for taking up such Runaway
Servant
or Slave; and after such Payments made, if any Residue shall remain
of
the Money or Tobacco such Servant or Slave was sold for, such Sheriff
shall
only be accountable to the Master or Owner of such Sheriff or Slave
for
such Residue or Remainder as aforesaid, and not otherwise.
III. And in
case any Sheriff, or the Buyer of such Servant or Slave, or others
concerned in the Execution of this Act, shall be sued by any Person or
Persons for any Matter or Thing done, or to be done, in pursuance hereof,
it shall and may be lawful for every such Person or Persons so sued, to
plead
the General issue, and give this Act and the special Matter in Evidence,
and
in case of Non-Suit, Discontinuance, or Verdict against the Plaintiff,
the
Court shall award double Costs of Suit.
Examined and Compared with the Original Act, REVERDY
GHISELIN,
THOMAS BACON.
|
CHAP.
II.
The General
Issue may be
pleaded, &c. |
TO Prevent Jurors from taking, and Suitors from giving, larger Sums
for a Verdict than is allowed by Law; whereby it is obvious that
some Persons (who have more frequent Trials by Jurors or larger Donations
from them than from their Adversaries, thereby endeavouring to incline
them
to their Favour: For Prevention whereof for the future;
II. Be it Enacted,
by the Right Honourable the Lord Proprietary, by and
with the Advice and Consent of his Lordship's Governor, and the Upper and
Lower
Houses of Assembly, and the Authority of the same, That the Sum of
b One
Hundred and Twenty Pounds of Tobacco, or Twelve Shillings in Money,
be allowed and paid to every Jury, for hearing or giving their Verdict
in any
Cause they are sworn to give their Verdict in, whether in the Provincial
or
County Courts, and no more; and that in case any Suitor give more than
what
is hereby directed, and be thereof convict, he, she, or they, shall for
such Offence
(if to a Juror in the Provincial Court,) forfeit the Sum of Six Thousand
Pounds of Tobacco, or under, at the Discretion of the Court: If in
the
County Court, the Sum of Two Thousand Pounds of Tobacco, or under,
at the Discretion of the Court, to the Right Honourable the Lord Proprietary;
the one Half thereof to the Use of Schools, to be applied in the same
Manner as the additional Duty of Twenty Shillings per Head on Negroes
and Irish Papists now is, the other Half to the Informer, or him
or them
that shall sue for the same, if on Indictments or Actions criminal; if
otherwise,
to the Party grieved only. To be recovered in the Court where the
Forfeiture shall happen, by Action of Debt, Bill, Plaint or Information,
wherein no Essoin, Protection or Wager of Law to be allowed.
b
96 lb Tobacco by 1760, ch. 16, §. 2.
III. And be it
likewise Enacted, That every Petit Juror summoned to any
County Court, shall be allowed for every Day such Juror shall attend (by
Force of such Summons,) the Sum of Fifteen Pounds of Tobacco, over and
above the aforesaid One Hundred and Twenty Pounds of Tobacco, or Twelve
Shillings to each Jury, for each Cause, and no more; the aforesaid Fifteen
Pounds of Tobacco per Day to each Juror in each County Court, to be
paid
by the County, in the same Manner as the Jurors of the Provincial Court
are
allowed by the Public
Examined and Compared with the Original Act, REVERDY
GHISELIN,
THOMAS BACON.
|
Preamble.
120 lb Tobacco,
or 12 s.
in Money, to
be paid to every
Jury
sworn in any
Cause.
Penalty on any
Suitor
convict of
giving more.
Allowance to
Petit Jurors
in the County
Courts. |