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XXX. Witnesses shall be privileged from arrests in all cases during their attendance at the district court, coming to and returning from thence, allowing one day for every twenty miles from their places of abode; and all such arrests shall be void.
XXXI. Every witness summoned and attending the district court shall be paid by the party'at whose suit the summons issued, iwo pounds of tobacco, or three pence per mile for travelling to the place of attendance, and the same for returning, besides ferriages, and sixiy pounds of tobacco, or seven shillings and sixpence, per day, for his attendance which allowance shall be entered by the clerk of course, except where disputes arise concerning the same, and then such disputes shall be determined by the court.
XXXII. Interpreters may be sworn truly to inter. pret, when necessary.
XXXIII. And the court shall have power to try all issues, and enquire of damages by a jury in all causes before them, and to determine all questions concerning the legality of evidence, and other matters of law which may arise, for which trial the court shall cause the sheriff attending them to impapnel and return jurors of the by-standers, qualified as the law directs concerning the general court, to be sworn well and truly to try the issue joined, or to enquire of damages, as the case may be, according to the evidence.
XXXIV. For good cause, which shall be entered of record, and may be enquired into on a writ of error, the court may discharge a juror without the consent of the parties.
XXXV. Special juries and juries de medietate linguæ, may be directed by the court to be summoned.
XXXVI. Jurors knowing any thing relative to the point in issue, shall disclose the same in open court.
XXXVII. Any juror guilty of a contempt to the court, shall be fined by the court any sum not exceeding ten pounds.
XXXVIII. Juries may separate with the leave of the court.
XXXIX. Papers read in evidence, though not under seal, may be carried from the bar by the jury.
XL. No sheriff shall converse with a juror but by order of the court.
XLI. The qualification of jurors shall be the same as in the general court.
XLII. The fee for summoning a jury shall be fifty pounds of tobacco, or six shillings and three-pence, to be taxed in the bill of costs.
XLIII. Every person desirous of suffering a nonsuit on trial, shall be barred therefrom, unless he do so before the jury retire from the bar.
XLIV. If in detinue the verdict should omit price or value, the court may at any time award a writ of enquiry to ascertain the same.
XLV. If on an issue concerning several things in one count in detinue, no verdict be found for part of them, it shall not be error, but the plaintiff shall be barred of his title to the things omitted.
XLVI. Where there are several counts, one of which is faulty, and entire damages be given, the verdict shall be good; but the defendant may apply to the court to instruct the jury to disregard such faulty count.
XLVII. Not more than two new trials shall be granted to the same pariy in one cause.
XLVIJI. Final judgment shall be given in all cases in the district court.
XLIX. If in detinue price or value be omitted, the court may award at any time a writ of enquiry to ascertain the same.
L. A judgment on confession shall be equal to a release of errors.
LI. The statutes of jeofails which were passed prior to the year one thousand seven hundred and fifty three, are declared to be in force; and no discontinuance shall be for a failure to hold a court.
LII. In all judgments for plaintiff or defendant, the clerk shall allow a lawyer's fee in the bill of costs, if the party employed one; which fee in real, personal, or mixed actions, where the title or bounds of land shall or may come in question, shall be thirty shillings, or two hundred and forty pounds of tobacco; and in all other causes fifteen shillings, or one hundred and twenty pounds of tobacco, at the election of the party paying.
LIII. There shall not be allowed in the bill of costs the charge of more than three witnesses for the proof of any one particular fact.
LIV. The laws of costs shall not be interpreted as penal law's.
LV. The district courts shall possess the same power over costs as the general court now possesses.
LVI. Executions shall issue to any sheriff or coroner from the clerk of the district courts, and be relurnable to the first day thereoi.
LVII. The court shall hear and determine motions against sheriffs in all cases, and according to the rules prescribed by law.
LVIII An execution, writ or other process, appearing to be duly served in other respects; shall not be deeined void, although it be not directed to any sheriff.
LIX. Notice on replevy-bonds shall be good if given to the party in person, or delivered in writing to any free person above the age of sixteen years, who shall be a member of the family of the obligor, and shall be informed of the purport of such notice, or left at some public place at the dwelling house or other known place of residence of such obligor.
LX. If a replevy-bond be quashed as faulty, the sheriff taking the same shall be at all times liable for damages to the party injured, or his representatives.
LXI, If a distringas issue in detinue, the court for gond cause shewn may direct it to be superseded so far as it respects the specific thing, and to be execuied for the alternative price or value only, if fixed in the judgment, or to be fixed by a writ of enquiry.
LXII. Grand juries shall be summoned to appear on the first day of every court according to the qualifications of the general court, and shall present offences cominilled within the district.
LXIII. Tie district court to be held as aforesaid shall have full power to hear and determine, all treasons, murders, felonies, and other crimes and misdeineanors which shall be brought before them.
LXIV. When any person, not being a slave, shall be charged before a justice of the peace with any criminal offence which, in the opinion of such justice, onght 10 be examined into by the county court, the said jostice shall take the recognizance of all material witnesses to appear before such court, and immediately by his warrant commit the person so charged to the counfy jail, and moreover shall issue his warrant to the
sheriff of the county requiring him to summon the jus. tices of the county to meet at their court-house on a certain day, not less than five nor more than ten days alter the date thereof, to hold a court for the examination of the fact; which court shall consider whether, as the case may appear to them, the prisoner may be dis. eharged from further prosecution, may be tried in the county, or must be tried in the district court, and is they shall be of opinion that the fact may be tried in the county, the prisoner shall be bound over to the next grand jary to be held for that county for trial, or upon refusing to give sufficient bail, shall be remanded to the county jail, there to remain until such court, or until he or she shall be bailed; but if they shall be of opinion that the prisoner ought to be tried in the district court, they shall take the depositions of the witnesses, and bind such as they shall think proper by recognizance to appear and give evidence against such criminal at his trial, and having remanded the prison. er to jail, any two of the justices, one being of the quorum, by warrant under their hands and seals, shall direct the sheriff or his deputy to remove the prisoner and commit him or her to the district jail, there to be safely kept until he or she shall be discharged by due course of law; by virtue of which warrant the sheriff, as soon as may be, shall remove the prisoner and deliver him or her with the warrant to the keeper of the district jail, who shall receive and safely keep him or her accordingly. And for enabling the sheriff safely to convey and deliver such prisoner, the said iwo justices by their warrant shall empower him, as well with in his county as without, to impress such and so many "men, horses, and boats as shall be necessary for the guard and safe conveyance of the prisoner, proceeding therein as the law may direct in cases of impressing on other occasions; and all persons are to pay due obedience to such warrant Provided, That if such persons shall, in the opinion of the court be bailable by law, he or she shall not be removed within twenty days after the examining court, but shall and may be adınitted to bail before any justice of the same county within that time, or at any time afterwards before any judge of the general couri.
LXVI. When any person shall be so removed to be tried for treason or felony, the clerk of the county
from wlience the prisoner is removed shall, immediately alter the court held for his or her examination, issve a writ of venire facias to the sheriff of the county, commanding him to summon twelve good and lawful men, being freeholılers of the county, residing as near as may be to the place where the fact is alledged to have been committed, lo come before the district court on the first day of its next session, and return a pannel of their names; which freeholders, or so many of them as shall appear, not being challenged, together with so many other good and lawsul freeholders of the bystanders as will make up the number twelve, shall be a lawful jury for the trial of such prisoner.
LXVI. Every venire man summoned and attending the district court, shall have the same allowance for travelling and attendance as is herein before provided for witnesses, to be paid by the public.
LXVII. If any person summoned as a venire man shall fail to attend accordingly, not having a reasonable excuse, to be made at the time he should have appeared, or at the next district court, they may fine every such person, not exceeding forty shillings, or four hundred pounds of tobacco, for the use of the commonwealth.
LXVIU. If a prisoner shall desire any witnesses to be summoned for him or her to appear either at the examining court, or on the trial at the district court, the clerk of the said court, or of the county court as tbe case may be, shall issue subpoenas for such witnesses, who being summoned and attending, shall have the like allowance for travelling and attendance, and be subject to the same penalty for failing to attend, as is provided for witneses in civil causes.
LXIX. The keeper of the district jail by order of any two justices of his county, may impress guards for the safe keeping of all prisoners in his custody, to be paid by the public.
LXX. The fee to the sheriff of the county and to the district jailor for keeping and dieting any such prisoner, shall be one shilling per day, and no more.
LXXI. Where the prisover shall be convicted, and hath estate sufficient to pay the charges of prosecution, the whole shall be paid out of such estate, and the pub. lic only made chargeable where there is no such estate, or not sufficient to be found.