Hall v. County Commissioners

Citations

• 82 Md. 618
• 32 L.R.A. 449
• 34 A. 771
• 1896 Md. LEXIS 29

Syllabus

<p>Fees of Witness Committed in Default of Security for Appearance— Liability of County Commissioners for Witness Fees — Assumpsit— Mandamus.</p> <p>A magistrate has the power to commit a witness to the custody of the sheriff, in order that his attendance to testify against a person accused of crime may be secured at the trial, provided the witness fails to give reasonable security for his appearance.</p> <p>If such witness can give security for his appearance, but refuses to do so and is therefore committed, he is not entitled to a per diem fee as witness during the time of his detention; nor is he so entitled if he is unable to furnish a satisfactory recognizance on account of his own misconduct or bad character. But if the witness’ inability to give security for his attendance arises from his misfortune and not from his fault, and he is therefore committed, he is entitled to witness fees during the term of his detention.</p> <p>Plaintiff, a witness for the State in a criminal prosecution, being unable to give security for his appearance as such, was committed to the custody of the sheriff and detained several months until the trial, when, after testifying against the accused, he was discharged. In an action to recover witness fees during the whole time, Held,</p> <p>ist. That under Code, Art. 35, sec. 10, the plaintiff is entitled to the sum of one dollar for each day of his detention, provided his inability to give security did not arise from his own fault, and provided he obtained a certificate of his attendance from the Clerk of the Court.</p> <p>2nd. That under Code, Art. 25, sec. 7, and Art. 35, sec. 13, the County Commissioners are liable for such fees.</p> <p>3rd. That assumpsit against the commissioners does not lie to recover such witness fees, but the proper proceeding is by mandamus.</p>