Summary

Portrait of Samuel Freeman Miller Samuel Freeman Miller Levy Court v. Coroner — Opinion of the Court

When witnesses and jurors thus summoned actually attend, they are entitled to their fees. It can make no difference in the justice or legality of the claims whether they are presented by the witnesses and jurors to the Levy Court, or whether they are first paid by the coroner and presented by him. He loses enough by his mistake in judgment, when he is refused compensation for his own services, without being compelled to lose what he has advanced for the public service.
Source: Wikisource

Portrait of Samuel Freeman Miller Samuel Freeman Miller Levy Court v. Coroner — Opinion of the Court

The eighth section of the act already quoted says, that these fees shall be allowed 'to witnesse and jurors who may be lawfully summoned.' It would be a very forced construction of this provision, as well as unjust, to hold that this lawfulness depends upon any other fact than the regular service of the summons by a lawful officer. The jurors and witnesses are compelled, when thus summoned, to obey the writ. They have no right to consider whether the summons issued on a proper state of facts as they might appear to the coroner, nor the means of deciding it, if they had the right.
Source: Wikisource

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