LLOYD LOWNDES, ESQUIRE, GOVERNOR. 399

ered 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 above specified; and in case the said capias is
returned the second time non est, the same shall be again so
endorsed and delivered to the Sheriff.

334. The Clerk of said court and the Sheriff of said 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
same may be issued or returned.

335. All subpoenas for witnesses from said court shall be
returned by the Sheriff within six days after the same are issued
by the clerk, or within six days after the day of the renewal of
such subpoenas, unless the same are ordered to be returned im-
mediately, in which case they shall be so returned, if practicable.

336. The said Sheriff shall be allowed for the service of one
subpoena only, against any witness that may be returned non est,
and for whom the said subpoena may be renewed, whether once
or oftener in one term.

337. The clerk of said court, if a subpoena is renewed by
order of the State's Attorney, or by the counsel of the prisoner
or traverser, shall endorse the renewal, on the subpoena, and
the same shall have all the legal effect of a new subpoena issued
in the term of said court during which said subpoena was first
issued.

338. The Sheriff of said City shall be subject to a penalty of
five dollars in each case in which returns are not made within
the time prescribed in this sub-division of this Article.

339. Witnesses appearing before the Grand Jury shall be
sworn in the presence of the Grand Jury by the foreman or by
some other member appointed by the foreman for that purpose.

340. In all cases of misdemeanor which may be prosecuted
in said court at the instance of any person, if the party so prose-
cuted shall be acquitted, all the legal costs and expenses attend-