548 ARTICLE 16.

dollars and fifty cents per diem, to be paid as the per diem to the commis-
sioner is directed to be paid, and to be taxed as aforesaid.

The examiner must be present when the testimony is taken. Held that there was
nothing to show that evidence was taken by the clerk out of the presence of an
examiner. Canton v. McGraw, 67 Md. 589.

Cited but not construed in Pumer v. Piercy, 40 Md. 219.

An. Code, sec. 267. 1904, sec. 249. 1888, sec. 231. 1785, ch. 72, sec. 16.

286. A witness attending an examiner or commissioner, under a sum-
mons by him issued, or at the request of either of the parties, shall be al-
lowed seventy-five cents per day for every day's attendance, and itinerant
charges, to be ascertained by the examiner or commissioner, which allow-
ance shall be paid by the party summoning or requesting such witnesses to
attend, and shall be taxed as part of the costs of suit.

The court has power to enforce the attendance of witnesse before a commis-
sioner. Deale v. Estep, 3 Bl. 439.

As to the compensation of witnesses at law, see art. 35, sec. 11.

An. Code, sec. 268. 1904, sec. 250. 1888, sec. 232. 1824, ch. 133.

287. When any witness is summoned by an examiner or commissioner
to take testimony in a chancery suit or proceeding, to appear before such
examiner or commissioner to give testimony in such suit or proceeding, and
such witness shall refuse or neglect to attend, or attending, shall refuse to
answer such interrogatories as are propounded to him, in all such cases the
examiner or commissioner, at the request of either party to such suit or
proceeding, shall immediately certify such default or neglect, under his
hand as such examiner or commissioner, to the clerk of the court where 'such
suit or proceeding is pending, who, upon the receipt thereof, shall forthwith
issue an attachment against the person named in such certificate, and the
court may allow such process to compel such witness to attend and give
evidence in open court in such suit or proceeding, at such term of the court
thereafter as the party applying for such attachment shall request, and
such process shall be directed to the sheriff or coroner of the county or
Baltimore city wherein the person to be attached resides; and after return
is made, such process may be renewed from term to term, as the case may
require; provided, that the party obtaining such process shall give written
notice to the opposite party, or his counsel, of the time of the return thereof.

This section is to be regarded as a mere affirmance of the pre-existing powers of
the court. Maccubbin v. Matthews, 2 Bl. 253; Winder v. Diffenderffer, 2 Bl. 196.

This section gives a new and additional mode of compelling the attendance of
witnesses, in some respects not so clear or energetic as the old proceeding. Winder
v. Diffenderffer, 2 Bl. 196. And see Deale v. Estep, 3 Bl. 436.

See art. 35, sec. 8.

An. Code, sec. 269. 1904, sec. 251. 1888, sec. 233. 1836, ch. 128, sec. 2.

288. In all cases where any of the defendants have appeared and an
order to take testimony before an examiner has issued, and there are other
defendants who are in default for not appearing or answering, and against
whom an order to take testimony ex parte might issue, it shall not be neces-
sary to pass such order, but the plaintiff may take all his testimony before
the examiner, and such testimony shall be as available against the de-