ART. 37.] EVIDENCE. 277

same pay as in the Circuit Court, and payment may be enforced
by attachment or order from the court which issued the order
for the survey.

13. Where a witness against any person accused of a crime
cannot find security for his appearance to testify against the
person so accused, and for want of such security shall be com-
mitted to prison, the county where the prosecution shall be car-
ried on shall be chargeable with and pay the imprisonment fees
of such witness, and the county commissioners shall levy the
same from time to time as the case may require.

14. If any person shall be presented or indicted for a misde-
meanor or any offence of an inferior nature, and shall on trial
thereof be acquitted, or shall plead guilty and submit his case to
the court, the court may, at its discretion, order that no com-
pensation for any attendance of the prosecutor be allowed.

COMMISSION TO TAKE TESTIMONY OUT OF THE STATE.

15. The several courts of law of this State, upon application
made to them in court by a party to a suit or action therein
depending, either original or on appeal from a justice of the
peace, and upon being satisfied by affidavit or otherwise that
there are material and competent witnesses in such cause resid-
ing or living out of this State, may direct the clerk of such court
to issue a commission for taking the depositions of such witnesses,
and such commission shall issue and the commissioners shall be
appointed and qualified, interrogatories be proposed or exhibited,
the commission be executed and returned, and the depositions
taken in pursuance thereof shall be published in the same manner
and form as in the case of a commission from a court of equity
for the examination of witnesses residing and living out of this
State, and the depositions which shall be duly taken in virtue of
this commission, or copies thereof duly attested, shall be admitted
as evidence at the trial of the cause.

COMMISSIONERS TO TAKE TESTIMONY IN THIS STATE.

16. Bach of the Circuit Courts, or the judge thereof, shall
appoint not more than three commissioners for the county in
which such court is held, and each of the courts of civil jurisdic-
tion in the city of Baltimore shall appoint two commissioners to