State v. . Stewart

Our acts of Assembly in allowing witnesses pay for attending on behalf of the State are remedial, and ought to receive a liberal construction. By the act of 1777, ch. 2, sec. 43, witnesses were compelled to attend the courts, when summoned on criminal (139) prosecutions, until discharged, under a heavy penalty, and that without any compensation. In 1779 the first provision was made for the payment of State witnesses. In 1783 mileage was first allowed to witnesses attending in civil suits, which by the act of 1800, ch. 17, was extended to witnesses summoned or recognized to appear on behalf of…