If the suit in which the witness is summoned is settled in vacation, and the party summoning such witness neglects to discharge the witness from further attendance, and the witness, for want of such discharge, should attend at the next term, witness such is entitled to prove one (1) day's attendance.
Code 1858, § 3835 (deriv. Acts 1794, ch. 1, § 29); Shan., § 5623; Code 1932, § 9805; T.C.A. (orig. ed.), § 24-405.