The opinion of the court __ ivas delivered by

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.