ART. 35] ATTENDANCE AND PAY OF WITNESSES. 969

1904, art. 35, sec. 10. 18S8, art. 35, sec. 9. 1860, art. 37, sec. 9. 1782, ch. 40, sec. 4.

10. Any court from which execution shall issue on any recognizance
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.

Ibid. sec. 11. 1888, art. 35, sec. 10. 1860, art. 37, sec. 10. 1797, ch. 94,
sec. 6. 1886, ch. 165.

11. There shall be allowed to each witness attending the circuit
courts for the counties 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; provided, that every such, witness shall obtain from the
clerk of the court wherein he attended, or from the register of wills,
if such attendance was before an orphans' court, a certificate or order
showing the amount due him for such attendance, and by whom the
same is payable, within thirty days after such attendance shall have
been rendered; and the failure to apply for such certificate or order
within said time shall be 'a waiver by the witness of all claim to compen-
sation for such attendance.

The allowance for the attendance of a. witness who was subpoenaed but not
sworn at the trial, will not be taxed in the costs unless directed by the court.
Davls v. Batty, 1 H. & J. 264. Cf. Hutchins v. Eden, 3 H. & McH. 101.

This section referred to iu construing section 14—see notes thereto. Hall
v. Somerset County, 82 Md. 620.

As to the compensation of witnesses in equity, see art. 16, sec. 267.

Ibid. sec. 12. 1888, art. 35, sec. 11. 1860, art. 37, sec. 11.
1791, ch. 68, sec. 7.

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

The county commissioners must pay the state's witnesses, and those sum-
moned on behalf of the defendant where he has been discharged or punished
only by a fine of fifteen cents or acquitted; contra, as to the prisoner's wit-
nesses where he has been convicted. (See article 24, section 7.) Schamel v.
Washington County, S3 Md. 129.
See art. 52, sections 26 and 27.

Ibid. sec. 13. 1888, art. 35, sec. 12. 1860, art. 37, sec. 12.
1789, ch. 35, sec. 8.

13. A witness summoned by a surveyor in execution of an order for
a survey from the circuit court shall be allowed the 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.
See art. 91, sec. 7.

Ibid. sec. 14. 1888, art. 35. sec. 13. 1860, art. 37, sec. 13. 1752, ch. 13.

14. 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 committed to prison, the county