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Bacon's Laws of Maryland
Volume 75, Page 718   View pdf image (33K)
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I    N    D    E    X.


WIDOWS.

    6.  Any Estate settled by Jointure or other Settlement
before Marriage, shall bar the Widow of her
Dower in her Husband's Lands, but not of any Devise
in his Will.  1715, ch. 39, §. 37.
    7.  To prevent Prejudice to Orphans Estates by second
Marriages of Widows, Second Husbands shall 
be liable to be sued, not only for the Estates due to the
Orphans, but also for all Waste committed by their
Wives before Marriage, or by themselves afterwards.
Ibid.  §. 38.
    See Administrators, 7.  Guardians, 5.  Intestates
        Estates, 1.  Militia, 11.  Orphans, 7.
WILD CATTLE.  See Rangers.
WILLS.  See Administrators, 12.  Church Lands, 5, 6.
    Manumission of Slaves, 2.  Negroes, 50.  Records, 14.
WINE.  See Liquors Imported.

WITNESSES.

    1.  No Person convict or attainted of Perjury, or
Subornation of Perjury, shall be received as a Witness

in any Court of Record, till such Judgment be reversed:
In which Case such Person may recover Damages.

1692, ch. 16, §. 3.
    2.  Persons summoned to give Evidence, having their
reasonable Charges tendered, and not appearing according 
to the Process, shall forfeit 10 l. Sterling, and
yield such further Recompence to the Party grieved as
shall be awarded by the Judge, for the Loss by such
Party sustained by such Non-appearance.  Ibid.  §. 5.
    3.  Every Person duly served with Process to appear

as a Witness at the Provincial Court, and not keeping
his Day of Appearance, shall be sued by the Court
1000 lb Tobacco, for Support of Government.  1715,

ch. 37, §. 5.
    4.  Every Person summoned as a Witness to the
County Court, and making Default, shall be fined by

the Court 500 lb Tobacco to the same Use.  Ibid.
    5.  Persons so summoned, and making Default, shall
not only pay the Fines aforesaid, but also be liable to
an Action upon the Case for all Damages sustained for
Want of their Testimony, and be held to Special Bail.
And also, on Request of the Party in whose Behalf
summoned, shall be liable to have their Bodies attached,
to oblige their Attendance.  Ibid.
    6. Any Witness summoned, or attached, who shall
(being present) refuse or delay to give Evidence, shall
be committed to Hail, there to remain till he shall
willingly do the same.  Ibid.
    7.  Witnesses shall be allowed 40 lb Tobacco per
Diem
for their Attendance in the Provincial Court,
besides itinerant Charges as usual; to be paid by the
Persons summoning them, and charged in the Bill of
Costs, in all Civil Actions.   But in Cases Criminal,
shall be paid according to the Act for speedy Trial of
Criminals.  (For which see Thieving and Stealing, 3,
4.)  Ibid.  §. 10.
    8.  Witnesses in the County Courts shall be allowed
30 lb Tobacco for each Day's Attendance, till the
Cause be ended; to be paid as before directed.  Ibid.

    9.  Where any Witness in a Criminal Cause cannot
find Security for his Appearance to testify against the
Criminal, and for Want of such Security, shall be
committed to Prison; the County where the Prosecution
is carried on shall pay such Person's Imprisonment
Fees.  And, if the Prosecution be in a Superior
Court, the Public shall pay such Fees.  1752, ch. 13,

§. 2.
    10. The Justices shall Assess and Levy all such Fees
on the Inhabitants of their several Counties, as often
as the Case shall require; and such Fees are payable
in the same Manner as other County or Public Charges
are allowed to be paid.   Ibid.  §. 3.

WITNESSES.

    11.  There shall not be allowed, in any Action, the
Charge of more than Three Witnesses to the Proof of
any one particular Fact; or of any other Witnesses

who shall appear to the Court to have been unnecessarily
summoned. 1760, ch. 16, §. 6.
    12.  Persons summoned to give Evidence, in any
other County than where they reside, shall be allowed
by the Court for so may Days itinerant Charges as
the Justices shall think reasonable, at the Rate of 24 lb
Tobacco per Day, over and besides the Time that such
Witness shall attend the Court; payable in Current
Money, at 12 s. 6 d. per Cent.  Ibid.  §. 7.
    See Boundaries of Land, 4, 9.

WOLVES.

    1.  Two Hundred Pounds of Tobacco shall be allowed,
in the County Levy, for every Wolf's Head,
produced to any Justice of that County wherein the
Wolf was killed:  Which Magistrate shall cause the
Tongue to be cut out, and the Ears Cropt, that it
may not be presented again, (but see below, Art. 4-7,)
and the County Court is impowered to levy the same
upon the County.  1728, ch. 7, § 4.
    2.  Oath shall be made (unless killed by an Indian,)
that such Wolf was actually killed in that County
where the Allowance is prayed for, before the Justice
shall grant a Certificate to entitle them to the Allowance.
Ibid.  §. 5.
    3.  No Justice shall grant Certificate for any Wolf's
Head brought by an Indian, or which has been bought
of any Indian, unless such Head be brought before
him whole and entire, and appears to be fresh killed.,
Ibid.
    4.  The above Act, so far as relates to St. Mary's,
Somerset, Charles, Anne-Arundel, Cæcil, Calvert, Worcester,
Prince George's, Frederick, Baltimore,
and Dorchester
Counties, is repealed by the Temporary Act of
1758, ch. 11, §. 1.
    5.  When any credible White Person shall bring the
Head of any Wolf before any Justice of Frederick

County, and make Oath (or Affirmation if a Quaker,)
that such Wolf was killed within the Limits of that
County, within Three Days preceding, such Magistrate 
shall give the Person producing the same, a Certificate
thereof, mentioning therein the Oath, &c.

taken.  1751, ch. 3, §. 2.
    6.  Such Magistrate is impowered to judge of the
Age of such Wolf, which, if above Three Months
old, he shall distinguish by the Name of Old Wolf,  in
the Certificate; but if under Three Months old,
shall be distinguished by the Name Young Wolf; and
shall cut off the Ears, and take out the Tongue, that
it may not be produced a Second Time in order to obtain
a Certificate.  Ibid.
    7.  Persons producing such Certificates to the Justices
of Frederick County, in November Court, shall be
allowed Twenty Shillings for every Old, and Fifteen
Shillings for every Young Wolf's Head therein mentioned,
to be levied on the County, together with the
Sheriff's Salary, and paid by the Sheriff to the Persons
entitled thereto.  Ibid.  §. 3.
WRIT of ELECTION.  See Delegates, 1, 2, 8.
WRIT of ENQUIRY.  See Administration Bonds, 5.
    Damages,
per Tot.
WRIT of ERROR.  See Advancement of Justice, 1.
    Appeal, 5, 14.  Continuance of Actions, 4.

Y.

YEARLY MEETINGS.  See Quakers, 2-8.

U



 

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Bacon's Laws of Maryland
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