210 CHANCERY—WITNESSES AND TESTIMONY. [ART. 16.

parties, shall be allowed seventy-five cents per day for every day's
attendance, and itinerant charges, to be ascertained by the
examiner or commissioner, which allowance shall be paid by the
party summoning or requesting such witnesses to attend, and
shall be taxed as part of the costs of suit.

P. G. L., (1860,) art. 16, sec. 146. 1824, ch. 133.

232. When any witness is summoned by an examiner or com-
missioner 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
aeglect to attend, or attending, shall refuse to answer such inter-
rogatories as are propounded to him, in all such cases the
examiner or commissioner, at the request of either party to such
writ 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 attach-
ment 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 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.

Bryson v. Petty, 1 Bl 182. Gibson e Tilton, 1 Bl 352. Mackubin v. Mat-
thews, 2 Bl 250. Deale v. Estep, 3 Bl. 433. Hall v. McPherson, 3 Bl. 529.

Ibid. sec. 149. 1836, ch. 128, sec. 2.

233. 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 appear-
ing or answering, and against whom an order to take testimony
ex parte might issue, it shall not be necessary to pass such order,
but the plaintiff may take all his testimony before the examiner,
and such testimony shall be as available against the defendants-