
    THE STATE v. NIXON.
    Contempt — witness absent by leave — discharge—order for costs.
    Where a party permits his witness to leave the court, he cannot attach him for-contempt; and if he sue out a writ he will be ordered to pay the costs.
    Nixon was brought into court on an attachment,
    issued at the-instance of M’llvaine, for non attendance as a witness. He showed as excuse, that he left the court by leave of M’llvaine.
   BY THE COURT.

The witness has been permitted to go by the party who summoned him, and who applied for the attachment,, because he did go after he gave him leave. He is more in contempt, than the witness.

* Ordered, That the witness be discharged, and that M’llvaine,, the applicant for the writ, pay the costs forthwith, and, if he refuse,, that an attachment issue against him.  