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Proceedings and Acts of the General Assembly, 1748-1751
Volume 46, Page 305   View pdf image (33K)
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Acts. 305


An Act for ascertaining the Allowance of Petit Jurors attending
the Provincial Court, to limit Costs with respect to Witnesses,
and for settling their Allowance as to itinerant Charges.

Liber B. L. C.
No. 2

Whereas the Allowance heretofore made Petit Jurors attending
the Provincial Court is so small, that the same is not sufficient to

maintain such Jurymen during the Time of their Attendance: In

order therefore, that a reasonable Provision may be made for such,
it is humbly prayed that it may be Enacted ;

And be it Enacted by the Right Honourable the Lord Proprie-
tary, by and with the Advice and Consent of his Lordship's Gover-
nor, and the Upper and Lower Houses of Assembly, and the Author-
ity of the same, That from and after the End of this Session of

[Preamble.]

Assembly, as often as any Person or Persons shall be summoned to
attend as Petit Jurors, at the Provincial Court of this Province, there
shall be allowed to every such Person, so summoned and attending
the Provincial Court aforesaid, in lieu and stead of all or any Allow-
ance or Allowances by any former Act or Acts of Assembly of this
Province, the Quantity of forty-eight Pounds of Tobacco per Day,
for every Day any such Petit Juror or Jurors shall attend the Pro-
vincial Court aforesaid, in the Public Levy of this Province, and be
paid in the respective County or Counties where such Juror resides,
besides the Quantity of ninety-six Pounds of Tobacco, to be allowed
every full Jury that shall pass their Verdict in any Cause, to be paid
by the Party for whom such Verdict shall pass, and be allowed in
the Bill of Costs as usual, and no more; any Law, Statute, or Usage,
to the contrary in any wise notwithstanding.

And whereas it is and has been a frequent Practice among Par-
ties to Suits, to summon several Witnesses to the Proof of one and
the same Matter of Fact in a Cause, and many others who really
know nothing of the Fact, and are summoned only to enhance the
Costs, to the great Burthen and Oppression of the Party who, by the
Judgment of the Court in such Cause, is awarded to pay the Costs

[Allowance
to Petit
Jurors in the
Provincial
Court.]

of such Suit: For Prevention whereof for the future, Be it Enacted,
That in any Bill of Costs, in any Action or Actions to be commenced
after the End of this Session of Assembly, there shall not be allowed
the Charge of above three Witnesses to the Proof of any one par-
ticular Matter of Fact, or any other Witness or Witnesses, that shall

[No more
than three
Witnesses to
be allowed
in the Bill
of Costs.]

appear to the Court to have been unnecessarily summoned.
And whereas there is not by any Law now in being, Provision

p. 467

made for allowing itinerant Charges to Witnesses, who may be
summoned and attend to testify at the Assizes or County Courts,
residing in a different County than that where such Court of Assize
or County Court shall be held, to which he, she, or they, shall be
summoned to give Evidence: Be it further Enacted, That where any
Person shall be summoned to attend as a Witness, to testify at the

20

[Itinerant
Charges
allowed to
Evidences
residing in
other
Counties.]



 
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Proceedings and Acts of the General Assembly, 1748-1751
Volume 46, Page 305   View pdf image (33K)
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