LAWS OF MARYLAND.— 1789.

255

court of chancery. Given under my hand and seal this ——
day of —— 17 — ;' and the said summons shall be directed to
the sheriff or coroner, as the case may require, of the county
where the witness resides, and shall be returned to the surveyor
who issued it ; and in case of the non-attendance of any wit-
ness, agreeably to such summons, when it is returned sum-
moned, and the same appearing to the chancellor, the said
witness shall, on motion to the chancellor, be adjudged in
contempt of the court, and upon motion there shall be the same
process and proceedings as in other cases of contempt.

SEC. 7. And be it enacted. That on writs or warrants of
resurvey from the general or any county court, the sheriff or
coroner, as heretofore, shall summon witnesses, and upon proof
of such summons and non-appearance of a witness made to the
court from which the warrant -or writ issued, he shall, on
motion, be adjudged in contempt of the court, and attachment
may issue as in other cases of contempt.

Sheriff, &c.
to summon
witnesses,
&c.

SEC. 8. And be it enacted. That there shall be allowed to
any witness attending agreeably to any summons aforesaid the
same allowance as is made to a witness attending a county
court, to be recovered by order and attachment from the court
which issued the order, writ or warrant, for the survey, or by a
warrant as in case of small debts, if under five pounds.

CHAPTER 4-2.

AN ACT relating to writs of capias ad satisfaciendum.
Other acts are 1801, ch. 74; 1802, ch. 109; 1807, ch. 115 5 1813, ch. 102;

1828, ch. 50.

Allowance
to witnesses
&c.

WHEREAS, plaintiffs are often willing to grant indulgence to
defendants arrested on writs of capias ad satisfaciendum, but
doubts have arisen whether such indulgence can be granted
without depriving the plaintiffs of the benefits of any further
execution ;

Preamble.

SEC. 2. Be it enacted by the General Assembly of Maryland,
That in case any writ of capias ad satisfaciendum hath been or
shall be issued out of the general court, or any county court of
this state, on which there hath been or shall be an arrest of the
defendant or defendants, if the plaintiff or plaintiffs, with the
consent of the defendant or defendants, have elected or shall
elect not to call the said execution during the term to which it
was or may be returnable, it shall and may be lawful for every
such plaintiff or plaintiffs to proceed against every such defen-
dant or defendants, and his, her or their heirs, devisees, execu-
tors or administrators, by a new execution, or such other process
as the nature of the case may require, for such sum of money
or tobacco as may remain unsatisfied on his, her or their judg-
ment, in the same manner that he, she or they, might have

Provision in
case of a
writ of
capias ad
satisfacien-
dum, &c.