ART. 16] WITNESSES AND TESTIMONY. 459

four dollars per diem for every day he shall actually serve in
the execution of such commission, to be paid by the parties,
according to the time that such commissioner serves in taking
the testimony of such parties respectively, and to be taxed as
part of the costs of the suit; and the clerk to any commis-
sioner to take testimony shall be allowed two dollars and fifty
cents per diem, to be paid as the per diem to the commissioner
is directed to be paid, and to be taxed as aforesaid.
Purner v. Piercy, 40 Md. 212. Canton v. McGraw, 67 Md 589.

1888, art. 16, sec. 231. 1860, art. 16, sec 145. 1785, ch 72, sec. 16.

249. A witness attending an examiner or commissioner,
under a summons by him issued, or at the request of either of
the 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.

Ibid. sec. 232. 1860, art. 16, sec. 146. 1824, ch. 133.

250. When any witness is summoned by an examiner or
commissioner to take testimony in a chancery suit or proceed-
ing, to appear before such examiner or commissioner to give
testimony in such suit or proceeding, and such witness shall
refuse or neglect to attend, or attending, shall refuse to answer
such interrogatories as are propounded to him, in all such
cases the examiner or commissioner, at the request of either
party to such suit 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 attachment 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 or Baltimore city 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