276 EVIDENCE. [ART. 37.

5. Every informer shall be a competent witness without re-
leasing his interest in the fine or penalty unless the law creating
the offence prohibits him.

6. In every suit or action at law or in equity in which it may
be necessary to prove the execution of any instrument of writing
whatsoever attested by a subscribing witness or witnesses, it
shall be lawful to prove the execution of such instrument of
writing in the same manner and by the same evidence that the
same might be proved by if not attested by a subscribing wit-
ness ; but this shall not apply to the proof of the execution of
any last will and testament.

ATTENDANCE AND PAY OF WITNESSES.

7. Whenever any witness shall be summoned to attend any of
the courts of this State, and shall without sufficient excuse neg-
lect to appear, he may be attached and fined by the court not
exceeding fifty, dollars, and shall be liable to answer the party
for whom he shall be summoned in an action upon the case for
the damage sustained for want of his appearance to testify ac-
cording to such summons.

8. If any witness summoned or attached being present shall
refuse or delay to give his evidence, he shall be committed to
jail, there to remain until he shall willingly do the same.

9. Any court from which execution shall issue on any recog-
nizance forfeited for not attending as a witness in any case not
capital, may upon motion, and good and sufficient cause fully
shown by such person, discharge him from the execution, upon
such terms as the court shall think fit and proper.

10. There shall be allowed to each witness attending the
Circuit Courts or Orphans' Courts of this State the sum of one
dollar for each day such witness shall attend for the discharge
of his duty, besides itinerant charges to be allowed to witnesses
coming from other counties.

11. A witness summoned before a justice of the peace shall be
allowed thirty-three cents per day for each day's attendance.

12. A witness summoned by a surveyor in execution of an
order for a survey from the Circuit Court shall be allowed the