LAWS OF MARYLAND.—1704. 3
persons shall be reversed, by attaint or otherwise, as aforesaid;
and that, upon every such reversal, the parties grieved to reco-
ver their damages as aforesaid. And if it happen that the said
offender or offenders, so offending, shall not have goods and
chattels to the value of twenty pounds, that then he, she or
they, be set on the pillory next adjoining to the place where he,
she or they shall be convict, as aforesaid, and to have both ears
nailed, and be from thenceforth to be discredited and disabled
for ever to be sworn in any of the courts of record aforesaid,
until such time the said judgment be reversed; upon which
he, she or they, shall recover his, her or their damages, in man-
ner and form as is before mentioned.
See note to section 2. |
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SEC. 5. And be it further enacted, by the authority aforesaid,
That if any person or persons, upon whom any process out of
any the courts of record within this province shall be served, to
testify or depose concerning any cause or matter depending in
any of the same courts, relating to the premises, and having
tendered unto him or them, according to their state or calling,
such reasonable sums of money or tobacco, for his or their costs
and charges, as having regard to the distance of the place, in
that behalf is necessary to be allowed, do not appear, according
to the tenor of the said process, having not a lawful reasonable
let or impediment to the contrary, that then the party or parties,
so making default, shall forfeit and lose, for every such offence,
ten pounds sterling, and to yield to the party grieved such fur-
ther recompense as by the discretion of the judge of that court
out of which the said process shall be awarded, according to
the loss and hindrance that the parly which procured the said
process shall sustain by the reason of the non-appearance of
the said witness or witnesses; the said several sums to be
recovered by the party so grieved against the offender or offen-
ders, by action of debt, bill, plaint or information, in any of
their majesties courts of record in this province, wherein no
essoin, protection or wager of law to be allowed.
See April, 1715, ch. 37, sec. 5. 1782, ch. 40, sec. 1. Court may fine L 20.
1704.—CHAPTER 16.
AN ACT for the encouragement of such persons as will undertake to build
water-mills.
Repealed by 1766, ch. 10, except the sixth and seventh sections, which
are as follow: |
And on wit-
nesses for
not attend-
ing, &c. |
SEC. 6. And, for prevention of the abuse frequently commit-
ted by persons keeping water-mills, by taking excessive toll,
Be ft therefore enacted, by the authority aforesaid, by and with
the advice and consent aforesaid. That from and after the publi-
cation hereof as aforesaid, no master, owner, miller, or other |
Millers' toll
settled. |
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