1094 EVIDENCE. [ART. 35

certificate or order within said time shall be a waiver by the
witness of all claim to compensation for such attendance.

Hutchins v. Eden, 3 H. & McH. 101. Davis v. Batty, 1 H. & J. 270,
(note a.) Hall v. Somerset Co., 82 Md. 624.

1888, art. 35, sec. 11. 1860, art. 37, sec 11. 1791, oh. 68, sec 7.
12. A witness summoned before a justice of the peace shall
be allowed thirty-three cents per day for each day's attendance.
Schamel v. Washington Co , 83 Md. 129.

Ibid. sec. 12. 1860, art. 37, sec. 12 1789, ch. 35, sec. 8.
13t 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 attachment or order from the court which issued the order
for the survey.

Ibid. sec. 13. 1860, art. 37, sec. 13 1752, ch. 13.
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 com-
mitted to prison, the county where the prosecution shall be
carried on shall be chargeable with and pay the imprisonment
fees of such witnesss; and the county commissioners or the
mayor and city council of Baltimore shall levy the same, from
time to time, as the case may require.
Hall v. Somerset Co.. 82 Md. 620

Ibid. sec. 14. 1860, art. 37, sec. 14. 1609, ch. 188, sec. 24.
16. If any person shall be presented or indicted for a misde-
meanor, or any offense 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.

Commissions to take Testimony out of this State.

Ibid. sec. 15. 1860, art. 37, sec. 15 1773, ch. 7, sec. 7. 1843, ch. 348.

1884, ch. 82.

16. The several courts of law and any of the judges thereof
in recess, upon written application to be filed in the cause made
to them by a party to or interested in a suit, action or other
proceeding therein depending, either original or on appeal from
a justice of the peace, and the orphans' court of this State,
in any proceeding pending before them, and on being satisfied,