1102 EVIDENCE. [ART. 35

on some day and at some place therein appointed to appear
before him and show cause why he, the said witness, has so
failed to attend or refused to testify, a copy of which order
shall be served upon said delinquent witness at least five days
before the day therein appointed; and if the said witness, after
having had such notice of said order, shall neglect or refuse to
appear before said judge, or appearing shall fail to show good
and sufficient cause why he, the said witness, has so failed to
attend or refused to testify before the said commissioner, then,
and not otherwise, the said court or judge may issue an attach-
ment in the name of the State and compel the appearance and
answer of such witness in the same manner as any court in
this State would be authorized to do if such witness had been
summoned to appear before such court and had failed to attend
or refused to answer; provided, that the said court or judge
may extend the time for hearing before him if deemed by him
necessary or important.

1888, art. 35, sec. 35. 1860, art. 37, sec. 34. 1841, ch. 107, sec. 1.

37. All witnesses summoned under such commissions shall
be allowed the same pay for their attendance as is allowed for
the attendance of witnesses before justices of the peace, to be
paid by the party summoning them.

Evidence of Consideration.

1900, ch. 363, sec. 35 A.

38. Where an action, suit or other proceeding is brought for
the purpose of charging any person on a special promise to be
answerable for the debt, default or miscarriage of another per-
son, it shall not be necessary to show that the consideration for
such promise is in writing.

Typewriting.

1900, ch. 598.

39. All typewriting heretofore executed or done, and all
typewriting which may be hereafter executed or done for any
purpose, and in any instrument whatsoever, shall have the
same legal force, meaning and effect as writing, and writing
shall be taken and held to include typewriting; provided, that
this section shall not be so construed as to in any manner
affect or change the law as it now is respecting signatures.