1596 ARTICLE 35

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 compensation 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. Davis v.
Batty, 1 H. & J. 264. Cj. Hutchins v. Eden, 3 H. & McH. 101.

This section referred to in construing sec. 19—see notes thereto. Hall v. Somerset
County, 82 Md. 620.

As to the compensation of witnesses in equity, see art. 16, sec. 298.

An. Code, 1924, sec. 12. 1912, sec. 12. 1904, sec. 12. 1888, sec. 11. 1791, ch. 68, sec. 7.

17. 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. 30 and 31.

An. Code, 1924, sec. 13. 1912, sec. 13. 1904, sec. 13, 1888, sec. 12. 1789, ch. 35, sec. 8.

18. 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, 1924, sec. 14. 1912, sec. 14. 1904, sec. 14. 1888, sec. 13. 1752, ch. 13.

19. 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. 16; 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, 1924, sec. 15. 1912, sec. 15. 1904, sec. 15. 1888, sec. 14. 1809, ch. 188, sec. 24.

20. 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.