LAWS OF MARYLAND.— 1782.

179

shall not attend, and the court may fine such witness for non-
attendance, as in other cases; and every witness shall have the
same allowance for his attendance and itinerant charges, as on
subpoenas out of the general court, and may compel the party
at whose request he is summoned to pay him the same, either
by attachment from the court out of which the subpoenas issue,
or by warrant, before a justice of the peace, if under five
pounds current money ; and the chancellor may compel the
person against whom he shall determine on the caveat, to pay
all the expenses of issuing any subpoenas, and of the witnesses;
and the chancellor may, by rule, direct any deposition to be
taken and received as evidence before him, on the hearing any
caveat, provided reasonable notice in such order be given to the
other party.

By 1797, ch. 114, the chancellor has power, (as in the court of chan-
cery,) at his discretion, to award costs to the party prevailing on the deci-
sion of any caveat in the land office.

CHAPTER 40.

AN ACT relating to the Fines to be imposed on jurymen, witnesses, and
constables.

Be it enacted, by the General Assembly of Maryland, That
in all cases in which jurors or witnesses shall be summoned to
appear at the general court, and shall, without sufficient excuse,
neglect to appear, the general court may fine every such delin-
quent not exceeding thirty-five pounds current money; and
whenever any jurors or witnesses shall be summoned to attend
any county court, and shall, without sufficient excuse, neglect
to appear, every such delinquent may be fined by the said court
not exceeding twenty pounds current money.

Fine on
jurors, &c.

SEC. 2. And be it enacted. That whenever any person shall
be appointed a constable by any court, and shall neglect to act
according to such appointment, and shall not, within five days
after notice of such appointment, qualify as constable, or within
that time find a sufficient and proper person to qualify and act
in his stead, he shall be fined by the said court not exceeding
ten pounds current money.
Levy courts now appoint constables, by 1794, ch. 53, sec. 8.

CHAPTER 42.

AN ACT relating to forfeited recognizances, fines and forfeitures, and judg-
ments in treason.

On consta-
bles, &c.

Be it enacted, by the General Assembly of Maryland, That
the governor, with the advice of the council, may remit the
whole or any part of any recognizance which hath been or may
hereafter be forfeited, provided the case of the person be stated
in writing by the court before whom such recognizance hath

Governor
&c. may
remit re-
cognizances
&c.