20 LAWS OF MARYLAND.—1716.
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This section is reprinted for its direction to the sheriff to summons the
jurors ten days before court. See 1797, ch. 87. |
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Proviso. |
SEC. 4. Provided nevertheless, That all magistrates, dele.
gates, coroners, schoolmasters, overseers of highways and con-
stables, during their continuance in their respective stations or
business, shall be exempt from any attendance as jurors.
Magistrates are not exempted by 1797, ch. 87, sec. 6. Judges of the
orphans court are prohibited from serving as jurors, by 1832, ch. 170. |
Penalty on
witnesses
for not
attending,
&c. |
SEC. 6. And be it further enacted, by the authority aforesaid,
by and with the advice and consent aforesaid. That every person
that shall be duly served with process to appear at the provin-
cial court as a witness to testify in any matter or thing there
depending, and shall not keep his day of appearance, but make
default, shall be fined by the justices of the provincial court
one thousand pounds of tobacco; and every person that shall
be duly served with process to appear in any of the county
courts of this province as a witness to testify in any matter or
thing there depending, and shall not keep his day of appear-
ance, but shall make default, shall be fined by the justices of
the county court where such default shall happen, the sum of
five hundred pounds of tobacco, both which fines shall be
to his majesty, his heirs and successors, for the support of the
government of this province; and the persons that shall be
summoned as evidences, and shall make default as aforesaid,
shall not only be liable to the fines aforesaid, but shall also be
liable to answer the party for whom he shall be summoned, in
an action upon the case, for the damages sustained for want of
his appearance to testify according to such summons, and shall
be held to special bail on such action, and shall be liable to a
conviction thereon for all damages that shall be sustained by
such party for want of such evidence, and shall also be liable
on such default, at the request of the party for whom such
evidence shall have been summoned, to have his, her or their
body or bodies attached by process out of the court to which
they were summoned, which such court is hereby authorized
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 wit-
ness summoned or attached, who being present, shall refuse or
delay to give his evidence, such witness shall be committed to
jail, there to remain till he shall willingly do the same.
By 1782, ch. 40, they may be fined twenty pounds for non-attendance in
the county courts. |
No person
interested
to serve. |
SEC. 9. 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 what- |
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