ART. 35] ATTENDANCE AND PAY OF WITNESSES. 1093

same may be submitted to the court and jury, or the court, as
the case may be, as evidence of the genuineness or otherwise
of the writing in dispute.

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

Attendance and Pay of Witnesses.

1888, art. 35, sec. 7. 1860, art. 37, sec. 7. 1692, ch. 16, sec. 5. 1715, ch.
37, sec 5. 1782, ch 40, sec. 1.

8. 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. 1860, art. 37, sec. 8. 1715, ch. 37, sec. 5.

9. 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. 1860, art. 37, sec. 9. 1782, ch. 40, sec. 4.

10. Any court from which execution shall issue on any
recognizance 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.

Ibid. sec. 10. 1860, art. 37, sec. 10. 1797, ch. 94, sec. 6. 1886, ch. 165

11. There shall be allowed to each witness attending the
circuit courts for the counties 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; provided, that
every such witness shall obtain from the clerk of the court
wherein he attended, or from the register of wills, if such atten-
dance was before an orphans' court, a certificate or order show-
ing 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