1382 ARTICLE 35.

An. Code, sec. 12. 1904, sec. 12. 1888, 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.

County commissioners must pay state's witnesses, and those summoned on behalf
of the defendant where he has been discharged or punished only by a fine of fifteen
cents or acquitted; contra, as to prisoner's witnesses where he has been convicted.
(See art. 24, sec. 7.) Schamel v. Washington County, 83 Md. 129.

See art. 52, secs. 28 and 29.

An. Code, sec. 13. 1904, sec. 13. 1888, 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.

An. Code, sec. 14. 1904, sec. 14. 1888, 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
where the prosecution shall be carried on shall be chargeable with and pay
the imprisonment fees of such witness; and the county commissioners 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 compensated as prescribed
in sec. 11; contra, if such inability is due to witness' fault or default. Hall v.
Somerset County, 82 Md. 620.

This section refers only to such imprisoned witnesses as are committed by
magistrates. N. Y., P. & N. R, R. Co. v. Waldron, 116 Md. 449.

An. Code, sec. 15. 1904, sec. 15. 1888, 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 attendance of the prose-
cutor be allowed.

Commissions to take Testimony out of this State.

An. Code, sec. 16. 1904, sec. 16. 1888, 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 case may be, to issue a com-
mission for taking the depositions of such witnesses; and such commis-