752

WITNESSES AND Evidence. [ART. 70.

Id s 10
1797, c 94, s 6.
Pay of witness
attending
Circuit Court or
Orphans' Court
3 H & M H 101,
1 H & J 270.

11. There shall be allowed to each witness attending the Circuit
Courts, or Orphans' Courts, of this State, the sum of one dollar for
each day such witness shall attend for the discharge of his duty,
besides itinerant charges to be allowed to witnesses coming from
other counties.

Id s 11.
1791, c 68, s 7.
Puy of witness
before justice

12. A. witness summoned before a justice of the peace shall be
allowed thirty-three cents per day for each day's attendancc.

Id s 12
1789, c 35, s 8
Pay of witness
summoned by
surveyor.

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 attach-
ment or order from the court which issued the order for the survey.

Id s 13
1752,c 13
When com-
mitted in crimi-
nal cases county
to pay costs.

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 shall levy the same from time to time
as the case may requirc.

Id s 14
1809, c 138, s 24
When allow-
ance may be re-
fused to prose-
cutor.

15. If any person shall be presented or indicted for a misde-
meanor or any offence 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 prosecutor be allowed.

WITNESS SUMMONED FROM ANOTHER COUNTY.

Art. 75, s 97
1777, c 12, as 1,2.
Summons for
witnesses resid-
ing in another
county

16. A summons for witnesses residing in a different county to
testify in trials to be had before the Circuit Court, may issue, and
shall be directed to the sheriff of the county where the witnesses
reside, and all witnesses upon whom such summons shall be served
shall be liable to attachment and fine in like manner as if such wit-
nesses resided in the county where the trial is had.

Id s 98
1795, c 23.
Attachment to
another county
for witness
summoned.

17. If a witness residing in a different county from that in
which the trial is to be had shall be summoned, or has removed from
such county after being summoned, and shall fail to appear after
being so summoned, an attachment may issue for such witness to
the sheriff of the county where said witness resides, returnable to
the court issuing the same, and if the sheriff take such witness,
he shall produce him before the said court to abide its sentence
thereupon.

PRODUCTION OF BOOKS AND ANSWERING BILL OF DISCOVERY.

Art 75, s 69.
1801, c 74,s 6
Proceedingb to
compel produc-
tion of books
and answer-
ing bill of
discovery
35 Md 291; 39
Md 36,314

18. The court shall have power in the trial of actions at law, on
motion made at the first Court after the appearance court supported
by affidavit that the same is not intended for delay, and due notice
thereof being given, to require the parties to produce copies, cer-
tified by a justice of the peace, of all such parts of all books or
writings in their possession or power as contain evidence pertinent