ART. 35.] EVIDENCE—ATTENDANCE OF WITNESSES. G89

be lawful to prove the execution of such instrument of writing
in the same manner and by the same evidence that the same
might be proved by if not attested by a subscribing witness; but
this shall not apply to the proof of the execution of any last will
and testament. Comparison of a disputed writing with any
writing proved to the satisfaction of the court to be genuine
shall be permitted to be made by witnesses, and such writings,
and the evidence of witnesses respecting the same, may be sub-
mitted to the court and jury, or the court, as the case may be, as
evidence of the genuineness or otherwise of the writing in dis-
pute ; provided, however, that so much of this section as relates
to proof of comparison of writings shall not apply to any case
now pending in any of the courts of this State.

Pannell v. Williams, 8 G. & J. 511. Edelen v. Gough, 5 Gill, 103 Shepherd
v. Bevans, 4 Md. Ch. 408. Gaither v. Martin, 3 Md. 159.

Attendance and Pay of Witnesses.

P. G. L., (1860,) art. 37, sec. 7. 1692, ch. 18, sec. 6. 1715, ch. 87, sec. 5. 1788,

ch. 40. sec. 1.

7. Whenever any witness shall be summoned to attend any of
the courts of this State, and shall, without sufficient excuse
neglect to appear, he may be attached and fined by the court not
exceeding fifty dollars, and shall be liable to answer the party
for whom he shall be summoned in an action upon the case for
the damage sustained for want of his appearance to testify
according to such summons.

State v. Mace, 5 Md. 337.

Ibid. sec. 8. 1715, ch. 37, sec. 5.

8. If any witness summoned or attached, being present, shall
refuse or delay to give his evidence, he shall be committed to jail,
there to remain until he shall willingly give his evidence.

Ibid. sec. 9. 1782, ch. 40, sec. 4.

9. Any court from which execution shall issue on any recogni-
zance forfeited for not attending as a witness in any case not
capital, may, upon motion, and good and sufficient cause fully
shown by such person, discharge him from the execution, upon
such terms as the court shall think fit and proper.
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