970 EVIDENCE. [ART. 35

where the prosecution shall be carried on shall be chargeable with and
pay the imprisonment fees of such witness; and the county commis-
sioners or the mayor and city council of Baltimore shall levy the same,
from time to time, as the case may require.

Where a witness for the state is detained in jail, his inability to give
security for his appearance being due to no fault of his, he should be com-
pensated as prescribed in section 11; contra, if such inability is due to the
witness' fault or defaut. Hall v. Somerset County, 82 Md. 620.

1904, art. 35, sec. 15. 1888, art. 35, sec. 14. 1860, art. 37, sec. 14.
1809, ch. 188, sec. 24.

15. If 'any person shall be presented or indicted for a misdemeanor,
or any offense 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 compensation for any attend-
ance of the prosecutor be allowed.

Commissions to take Testimony out of this State.

Ibid. sec. 16. 1888, art. 35, sec. 15. 1860, art. 37, sec. 15. 1773, ch. 7,
sec. 7. 1843, ch. 348. 1884, ch. 82.

16. The several courts of law and any of the judges thereof in
recess, upon written application to be filed in the cause made to them
by a party to or interested in a suit, action or other proceeding therein
depending, either original or on appeal from a justice of the peace, and
the orphans' court of this State, in any proceeding pending before them,
and on being satisfied, by affidavit or otherwise that there are material
and competent witnesses in such cause residing or living out of this
State, or who, for any reason cannot be brought before them, may direct
the respective clerks of such court, or the register of wills, as the caae
may be, to issue a commission for taking the depositions of auch wit-
nesses; and such commission shall issue, and the commissioners shall be
appointed and qualified, interrogatories be proposed or exhibited, the
commissions be executed and returned; and the depositions taken in
pursuance thereof shall be published in the same manner and form as
heretofore has been the practice 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 any such commission, or copies thereof duly attested, shall be
admitted as evidence at the trial of the cause or the proceeding for
which the same may have been taken.

Issue of commission; notice; waiver.

There are two modes of giving notice of the execution of a foreign com-
mission : first, actual notice given directly by the commissioner; second, con-
structive notice by filing interrogatories in the clerk's office before the com-
mission goes out. Time of filing interrogatories. Hatton v. McClish, 6 Md.
407. And for other cases involving the sufficiency of notice of the taking of
depositions, and the time of filing interrogatories, see Parker v. Sedwick, 5
Md. 281; Young v. Mackall, 4 Md. 362; Stockton v. Frey, 4 Gill, 424; Parker
v. Sedwick, 4 Gill, 318; Calvert v. Coxe, 1 Gill, 95; Law v. Scott, 5 H. & J.
438; Snavely v. McPherson, 5 H. & J. 150; Borelng v. Singery, 2 H. & J. 455;