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An Act to reduce into one act the several acts, and parts of acts, concerning witnesses, and prescribing the manner of obtaining and executing commissions for taking their depositions in certain cases. 1817 66 (1817)

handle is hein.slavery/ssactsva0267 and id is 1 raw text is: 11  TIII' FOUTTY-SflCOND Y.At OF Tilln CO+MMONWEALTIr.

qualified to execute an oflice, or per'form any other act, to the
sanction whereo' an oath is or shall be requred by law, and shall
be sui ect to the same rules, derive the saiue advantages, or incur
fihe same penatiets or forfeitures, as if he or she had sworn. In
p,'esentineuts, idlictnents, inquisitions, verdicts, examinations or
j(her loinsi the words  upon their oath, or lsworn, ll ay fi
left out, and instead of them. iin solemn Ior,' or  charged,
(whichever may be adapted to the case) may be inserted ; but if
4 p 'nnhg Chair  tihe aucient oIm'i be adhered to, it shall not he adjudged erro..*
6, , All a In ev tH le and, acts, clau ses and puts of' acts, coll-
taliig ainy thing within the purview of this act, shall be, and the
same are herehy repealed.
c,,twu um,-,n.  I 7. This act shall commence and he in fi)rcifrom anti after the
first day, of Janury eighteen hundred and nineteen.
CIJAPTEII, L.
.4)1 .'Jt to vcdlive inio one adc the severa[ acts. andt pa 1s (faects,
concer'nin.o, wil vsse,', aid j rescrihinA- tihe inilr of Inb  eiing
(11111 - e.keilg' Coiilissiois for taiin' their d/iL sit ions in cer-
tain cases.
,a I 1d .hmiInry  1lth, 1818.]
rim,.,, con.t,  , o  1. BE' it enacted by the General qssenzby, That no person con-
........... .. ioted o treason, 11111id r or other Coelony  whatsoever, shall be ad-
,., ,a 6,,U, tl itted as a witness in any case  hatsoever, unless he be first
,.,.    v,,,parrdoned, or shall have r'ecr'ived such punishmeit, as by law
ought to be intlictv 1 upoll such cilvicliun.t
No Irimi ronvitIl ,2. N ,k |iri (Oviittldl of periun-v. although he be  alrdoned
,Wi, .y O,, to,,t. or pullslied furt the same, shall be capable of I heing a witness in
ainy case. [
Negrws, .... Shte  S. No negro, nmlatto or' lmlin, siall Ie admitted to  ive evi-
(1.' hi(Iiti t,, le.it- d ence but agailst, or between negroes, ntulat toes or Jodia us.'
lle(A('  rully ;I.dfitl
or ItAvLo  ,,z  's,  -I. If alzy  pelrSoll ,Ijlylm onvd c is  a witniess  to  attend a ll  'ourt
lfl]illtt sor U                         tate    r     -iion -- -
P' rsinr, rn+nlaW within this (2o nweal ht or to appear beCt  c  nllssin Is,
,itws,  l,,+tt. reees or other persols apiminlteI  0 1  under tlhe authority or
tcilf ma . l.1l1.reb
tn,,  ,l., to 1t-  such  cou it, to tal, ok r r'etceive IoI n.I pusition, or testimony, Ol- up-
rutfu d m     n aill) order oI sur',v, shall fail to attend accu'dingk, not ha-
tru It reasonaible ex:cnIs Im s(  h ltdu e, such jir'soni shall le fill-
ed by lt' c ( t, fao I% wcnee the subptll511 its.ed, .ixteen dollars
tJ the use of the par1ty 16r wholll such wit l.ieS was sunmonel,
and tle witness so fil iii shall farther  e liable to the action of
the party for all dama,ev, su-stainld by the non-Ltttentlilce of Stich.
witiless :l-rovided. that the witness, o1 whom such fine shallbI e
ilplsed, shall either be present in court at the timv, or sh all have
been duly scrvedr with the rule of the court, retui .'Iable Ito Some
certain day, requirin hin to slew cause why such litle shol
not lie imposed upon him, and shall have failed to show such caust, ;
but if sutlicient cuse (Of his or her ilability to attend be shewn,
then no fine or action shall be incurred by such faidure.11
iu,io n  ,,nimunrel,  5. Itf ally persn s) summoned and attending in any of the cau-
..qldii,to i1.uL Ses above mentioned, shall refuse to give evidence upon oath or
iml.,tiitwi Ci rei-ru
1;,l to r¢Oii''  affirnation (as the case may be,) to the best of his ' her kilow-
ledge, every person so ret'usin g, shall be committed to prison by
the court, commissio'ners, referees, Or other persons authorised to
'1:11. C.,  7,  7.  a 8  nd 3106. 9. f 1,  11 11, . Cb, 14J, j 1.  1 LA .
Ilbid, . ,  ' ll   I i. , l4; 18 12.  0h,1. 0  1.

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