CHAP.
XVI.
Itinerant
Charges at
48 lb Tobacco
per Day to
be allowed every
Grand
and Petit Juror
attending
the Provincial
Court.
No more
Charge to be
allowed in
the Bill of
Costs than of
Three Witnesses,
to the
proof of any
particular
Fact, &c.
Witnesses residing
in other
Counties,
shall be
allowed itinerant
Charges
at the Rate of
24 lb Tobacco
per Day
in the County
Court;
All which
may be discharged
in
Money at
12/6 per
Cent.
Duration. |
which shall be allowed in the Public Levy of this Province, and paid
in the
respective Counties where they reside.
V. 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 directed to be allowed and paid.
VI. And whereas
it has been a frequent Practice among Parties to Suits,
to summon several Witnesses to be 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 Prevention whereof for the future; Be it Enacted,
that in any Action or Actions to be commenced after the End of this
Session
of Assembly, 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.
VII. And be it
further Enacted, That where any Person shall be summoned
to attend as a Witness, to testify at any County Court within this
Province,
and 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 respective Quantities
of Tobacco
in Current Money, at the rate of Twelve Shillings and Six-pence per
Centum, in the same Manner as they are enabled to pay and discharge
the
Public and County Levy.
VIII. This Act to continue for Three Years,
and to the End of the next
Session of Assembly which shall happen after the Expiration of the
said
Three Years.
Examined and Compared with the Original Act, REVERDY GHISELIN,
THOMAS BACON. |