Evening star. [volume] (Washington, D.C.) 1854-1972, 1884-05-17

Why Successful Litiganfs have to ssTip''
the Circuit Court Jury-An Old Mary.
land Custom Still Prevailing in the
Districf-Why Jury Service in the Cir.
cuit Court is Preferred.

1t has often been q matter of surprise to mem
bers of the bar unacquainted with the usages in
our courts, As well as to the uniformed layman,
that whenever in the Circuit Court jury rem
ders verdict the successful party is required to
pay the sum of two dollars for the Jury which is
in addition to the per diem paid to the Jurors
by the government through the marsha's Office.
member OF the bar a few days ago. in speak
ing to STAR reporter Of this CUSTOM said that
while it was trifling matter, and but few suit
Ors objected to paying the fee, it was a relic OF
an old Maryland custom, which should be drop
ped. why said he, - the fee is not what
find fault with. but the principle. What is a
Judgment, anyhow, that there should be an ex-
ira tax for it There are hundreds of judg-
ments obtained in the Circuit Court which never
will be paid. and are obtained in many instances
simply for the purpose OF transferring accounts
to permanent record. Take the cases where
the amount involved is but few dollars with
the prospect of collecting the Judgment very
dubious. is it right to tax the successful sutton
- tor the verdict? Then there are cases where
the verdict is given for nominal sum Zone
cent?. and the same fee is expected. Where did
TINS custom come from. any way? What was
the origin of it !? | have been told that it ii
called the grOg and tobacco fund"
THE OLD MARYLAND LAW.
The lawyer and reporter turning to the Isl
volume of Kilty's Laws of Maryland found the
following bearing on the subject 1t is in the
acts of 11l9. chapter ILL.,, section H.. and reads
That the sum of one hundred and twenty
pounds of tobacco, or twelve shilings in money
be allowed and paid to every jury for hearing OF
giving their verdict. in any cause they are sworn
to give their verdict in, whether in the pro-
ylncal or county courts. and no MORE"
Another member of the bar. native of Mary.
land, joining in the talk. said to THE STAR
reporter: Yes, that is the law, and you will see
there is heavy penalty laid on sutton for pay
ing more This sum was supposed to pay, in
old times. for what extra expense the Jurors
were put to-hOrse feed and grOg-and if they
found no verdict they received no pay 1t
means II York shilllDgs for the jury-a shilling
apiece. The District inherited this law. and
while the jurors receive a regular per diem from
the government, the old custom has also been
continued The sum of twelve shilings
amounting in our currency to Sl.66. was for a
long series of years paid. but finally for conve-
nience, the sum of g was paid, and this is now
the customary sum-
WHY THE CIRCUIT JURY SERVICE Is PREFERRED
''DOes this CUSTOM" asked the reporter. Gin
crease the jurors pay to any great extent?"
1T depends" answered the Marylander. "ou
cases FOR the juries the pro rata will be small
was not over So but have known times where
there were full calendars of short cases. and
each juror drew from $40 to $50 besides his Del
diem. This is one of the reasons why service
on the circuit jury Is preferred to that on the
criminal jury. in addition to the fact that the
circuit court is an excellent school for business
men. A few years ago there was kick made
and, 2 motion was formally made to strike out
the Zee. but the chief justice refused to grant
it. The law was according to the ideas of most
OF the members of the bar repealed when the
per Diem was fixed, about fifty years ago, but
probably the custom will die out. In the mean.
time we must continue to pay the fee The
theory OF the law as to Jurors in the olden time
was that they, as good citizens, should give
their time, and that any extra expense they
were put to for horse feed, grog and tobacco
should be paid. Now In the District the gov
eminent pays the jurors and there Is no neces.
sity for extra expenses. Indeed. there is nc
need OF horse feed. grog and tobacco being pro-
vided for. The law itself is obsolete, but the
custom yet prevails"