In Civil suits, the reasonable expense of the witness in going to, staying at, and returning from the place of trial, must be tendered at the time of serving the subpœna: (5 _Eliz._ c. 10, f. 12): if this is not done, the Court will not grant an attachment against the witness (_Fuller v. Prentice_, 1 _H Bl. Rep_. 49) not even if he be present in Court, and refuse to be sworn; (_Bowles v. Johnson_, 1 _Bl. Rep._ 36). But where a witness lives within the weekly Bills of Mortality, it is usual to leave only one shilling with the subpœna: this limitation is not created by the statute of _Elizabeth_, nor have we been able to trace its origin. The Judge will not compel a witness to be sworn till his reasonable expenses are paid him. (_ubi supra._) If a witness fail to attend on subpœna, without sufficient excuse, he is liable to be proceeded against in one of three ways. 1. By attachment for a contempt of the process of the Court, from which even a Peer is not exempt. 2. By a special action on the case for damages at common law. 3. By an action on the Statute of _Elizabeth_ for the penalty of ten pounds (5 _Mod._ 355), and for the further recompense recoverable under the Statute; but this must be by the party _aggrieved_, and where the further damage has been assessed by the Court, out of which the process issued. Formerly no remuneration was given to witnesses attending the trial of criminal causes, yet they were bound to appear unconditionally, for “Criminal prosecutions are of public concern, and a witness summoned to appear on a criminal trial has a public duty to perform; and he ought not to be at liberty to make a bargain for his appearance, as he may in the case of a civil suit, where only private interests are involved.” (_Phill. on Evid._). But as such attendance must frequently have been productive of considerable hardship, especially to poor persons, the Statute 22 _Geo._ 2. _c._ 3. _s._ 3. enacts, that when any poor person shall appear on recognizance to give evidence in cases of larceny or felony, the Court may order the Treasurer of the County to pay such person, such sum as to the Court may seem reasonable: as this Statute extended only to poor persons who appeared on recognizance, and not to such as appeared on subpœna, it was afterwards deemed reasonable by the Legislature, that every person so appearing on recognizance, or subpœna, should be allowed his reasonable expenses, and also in case of poverty, a satisfaction for his trouble and loss of time. (_Phill. on Evid._). The Statute 18 _Geo._ 3. _c._ 19. _s._ 8. therefore enacts, that “Where any person shall appear on recognizance or subpœna to give evidence as to any grand or petit larceny or other felony, whether any bill or indictment be preferred or not to the Grand Jury, it shall be in the power of the Court (provided the person shall, in the opinion of the Court, have _bonâ fide_ attended in obedience to such recognizance or subpœna,) to order the Treasurer of