|
JOHN EAGER HOWARD, Esq; Governor.
and direct process to issue on any presentment or indictment found in
the said
court, or on any petition or complaint exhibited to the said court; and
he may
direct subpœnas to issue for witnesses to attend the said court, or attachments
of
contempt to issue against witnesses or jurors for non-attendance; and
he may direct
any witness to be sworn to the grand jury, and receive any presentment
or
indictment from the grand jury, and take recognizances for the appearance
of
witnesses, or any person presented or indicted, and he may commit any
person
presented or indicted, for want of security; and any two of the said justices
may
adjourn the said court to any time they may think proper. |
1789.
CHAP.
XLIV. |
VI. And be it
enacted, That the sheriff of the said county, for the time being,
shall summon forty-eight good and lawful men of his county, six days before
the
day appointed for the holding of the said court, as grand and petit jurors,
and shall
return a pannel of them accordingly; and if the said sheriff shall neglect
to summon
and make return of the best and most capable men in his county for grand
and
petit jurymen, he shall, for every such neglect, be fined by the said justices
not
exceeding one hundred pounds current money, to be applied towards defraying
the county charge; and every person who shall be so summoned, and shall
neglect
or refuse to appear at the day, and make default, shall be fined by the
said
justices not exceeding ten pounds current money, to be applied as aforesaid;
and
every grand and petit juror shall have an allowance of five shillings current
money
for every day's attendance, to be assessed and collected with the county
assessment;
and each of the said justices shall be allowed ten shillings current money
for every
day's attendance, to be assessed and collected as aforesaid. |
Sheriff to
summon jurors,
&c. |
VII. And be
it enacted, That all commitments and recognizances for all
felonies and other crimes, offences and misdemeanors, committed in the
said
county, and triable, in virtue of this act, before the said justices, shall
be returned,
from time to time, by any justice of the peace of the said county taking
such recognizance, before the justices aforesaid; and any justice taking
such recognizance,
shall lodge the same with the clerk of the said court on the day next
before the day appointed for the holding of the said court, and the offenders
and
witnesses bound in such recognizance, shall be obliged to appear by virtue
and according
to the condition thereof. |
Commitments,
&c.
may be returned
by any
justice, &c. |
VIII. And be
it enacted, That every person summoned as a witness to attend
the said court, and making default, shall be fined by the justices aforesaid,
in
;their discretion, not exceeding ten pounds current money, to be applied
as aforesaid;
and on default of any witness, the said justices may award process of attachment,
and, by virtue thereof, the sheriff of the said county shall be obliged
to have the body of such witness, and may compel his attendance, before
the
same justices. |
Witnesses to
attend under
penalty, &c. |
IX. And be it
enacted, That it shall and may be lawful for the said justices to
allow to every person legally summoned to give evidence before them, five
shillings
current money for every day's attendance, and if such witness resides out
of
the said county, the said justices may allow him for so many days itinerant
charges as they shall think reasonable, at the rate of five shillings current
money
per day, and the same shall be paid in the same manner as allowances to
witnesses
in criminal cases are, or shall be, by law, directed to be paid. |
Their allowance,
&c. |
X. And be it
enacted, If any free male person, or any male servant or
apprentice, shall be convicted before the said justices of any of the crimes
following,
to wit: Any felony, with or without benefit of clergy; or manslaughter;
or petty larceny; or an assault, with an intent to rob, murder, or commit
a
rape; or sodomy; or breaking a dwelling-house in the day time, with an
intent
to murder or commit a felony therein; or breaking a store-house, warehouse,
or
other out-house, in the day or night, with an intent to commit murder or
felony
therein; or receiving stolen goods, knowing them to be stolen; or forgery
or
perjury, at common law, or by act of assembly, or by statute introduced
into this
state before the fourth of July, seventeen hundred and seventy-six; or
subornation |
Justices may
pass judgment
on free male
persons, &c.
for certain offences,
&c. |
|
 |
