44 FEES OF OFFICERS. [ART. 38.

tify, a copy of which order shall be served upon said delinquent
witness at least five days before the day therein appointed; and
if the said witness after having had such notice of said order,
shall neglect or refuse to appear before said judge, or appearing,
shall fail to shew good and sufficient cause why he, the said wit-
ness, has so failed to attend, or refused to testify before the said
commissioner; then and not otherwise, the said judge may issue
an attachment in the name of the State, and compel the appear-
ance and answer of such witness, in the same manner as any court
in this State would be authorized to do, if such witness had been
summoned to appear before such court, and had failed to attend
or refused to answer; provided, that the said judge may extend the
time for the hearing before him, if deemed by him necessary or
important.

ARTICLE XXXVIII.

Fees of Officers.

The Act of June 21, 1861, ch. 55. repeals the 2d section of this Article so far as the
same relates to the City of Baltimore, and enacts as follows:

SEC. 1. Any officer may send out his fees on execution at any
time during the year.

The Act of June 24, 1861, ch. 67, construes the 25th section

2. As the true construction of the twenty-fifth section of arti-
cle thirty-eight of the Maryland Code of Public General Laws,
notaries public, residing in any of the counties of this State,
shall be required to account for and pay to the Treasurer of this
State, only one-half of the surplus over and above the sum of
two hundred and fifty dollars, received by any such notary as
fees on protests within any one year.

The Act of 1862, ch. 100, repeals section 22, and substitutes the following:

3. Every notary public shall, in the first week of January,
April, July and October in each year, pay to the Treasurer of
the State the one-half of all fees received by him for protests,