
    John S. Bratton, vs. James Clendenin.
    
      Witness attending court, served with a subpoena ticket, no writ of subpoena having issued, is entitled to no more than cZs. 4d.-per day.
    
    In the above case, .George Dale had attended court as a witness for the plaintiff, being served with a subpoena ticket, but no subpoena writ having issued. The clerk taxed his attendance as if he had been subpoenaed.’ But the court on an appeal from the taxation, ordered the costs stricken out, because no writ had been issued.
    Plaintiff appealed and moved to reverse the order, on the ground, that as the witness attended on the subpoena ticket, his cost ought to have been taxed against defendant, notwithstanding no subpoena writ had been issued
    Williams, for motion. Clendenin, contra.
   The opinion of the court __ ivas delivered by

Mr. Justice Richardson,

By tlx* act of 1791, every-witness is allowed 4s. 8d. per day; if from a distance; and but 2s. 4d. if a resident in the town where the court is holden; and it has been long the practice to allow any witness who is called upon without having been regularly subpoenaed, but 2s. 4d. placing him upon a foot-, ing with residents of the place.

A subpoena ticket carries no authority, but is a mere ret • quest made to the witness to attend court. His costs therefore can he taxed at most at no more than 2s. 4d. And the motion is dismissed.

Colcock, Huger, Gantt, and Johnson, Justices, concurrent.  