188
LAWS OF MARYLAND.
Passed May
5, 1853.
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CHAPTER 162.
AN ACT for the regulation of the issue, service and
return of capias and subpœnas in criminal cases in
Baltimore city.
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Duty of sheriff.
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SECTION 1. Be it enacted
by the General Assembly
of Maryland, That it shall be the duty of the sheriff
to make return of all capias upon presentment or indictment
within four days after such capias is to him
delivered by the clerk of the criminal court, and in case
said capias is returned non est, it shall be the duty of
the said clerk in the discretion of the State's attorney
for the city of Baltimore, to order said capias to be re-issued,
and the same capias shall be again delivered to
the sheriff, and the date of the first return thereof shall,
be endorsed thereon, and the second return shall be
made within the time heretofore specified in this act,
and in case the said capias is returned a second time
non est, the said capias shall be again so endorsed, and
shall be again delivered to the sheriff.
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Fees.
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SEC. 2. And be it enacted,
That the clerk of the
criminal court and the sheriff of Baltimore city, shall
be allowed only the fees for the issue of one capias, or
for the service of one capias in each term, however
often the said capias may be re-issued or returned.
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Penalty.
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SEC. 3. And be it enacted,
That the Sheriff of Baltimore
city shall be subject to a penalty of five dollars
in each and every case in which returns are not made
within the times prescribed by this act.
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Subpœnas to
be returned
within six
days.
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SEC. 4. And be it enacted,
That all subpœnas for
witnesses shall be returned by the said sheriff within six
days after the same are issued by the clerk, or within six
days after the day of the renewal of such subpœnas, unless
the same are ordered to be returned immediately, in
which case the said subpœnas shall be so returned, if
if practicable, and the said sheriff shall be allowed for
the service of one subpœna only against any witness
who may be returned non est, and for whom the said
subpœna may be renewed, whether once or oftener in
the said term, and it shall be the duty of the clerk in
case the said subpœna is renewed by the order of the
State's attorney or by the counsel of the prisoner or
traverser to endorse the fact of such renewal or renewals
upon the back of the said subpœna, and the said
subpœna shall have all the legal effect of a new subpœna
issued in the term of the said court, during which
the said subpœna was first issued.
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