§ 8-63. Witnesses attend until discharge; effect of nonattendance.
§8‑63. Witnesses attend until discharge; effect of nonattendance.
Every witness, being summonedto appear in any of the said courts, in manner before directed, shall appearaccordingly, and, subject to the provisions of G.S. 6‑51, continue toattend from session to session until discharged, when summoned in a civilaction or special proceeding, by the court or the party at whose instance suchwitness shall be summoned, or, when summoned in a criminal prosecution, untildischarged by the court, the prosecuting officer, or the party at whoseinstance he was summoned; and in default thereof shall forfeit and pay, incivil actions or special proceedings, to the party at whose instance thesubpoena issued, the sum of forty dollars ($40.00), to be recovered by motionin the cause, and shall be further liable to his action for the full damageswhich may be sustained for the want of such witness's testimony; or if summonedin a criminal prosecution shall forfeit and pay eighty dollars ($80.00) for theuse of the State, or the party summoning him. If the civil action or specialproceeding shall, in the vacation, be compromised and settled between theparties, and the party at whose instance such witness was summoned should omitto discharge him from further attendance, and for want of such discharge heshall attend the next session, in that case the witness, upon oath made of thefacts, shall be entitled to a ticket from the clerk in the same manner as otherwitnesses, and shall recover from the party at whose instance he was summonedthe allowance which is given to witnesses for their attendance, with costs.
No execution shall issueagainst any defaulting witness for the forfeiture aforesaid but after noticemade known to him to show cause against the issuing thereof; and if sufficientcause be shown of his incapacity to attend, execution shall not issue, and thewitness shall be discharged of the forfeiture without costs; but otherwise thecourt shall, on motion, award execution for the forfeiture against the defaultingwitness. (1777, c. 115, ss. 37, 38, 43, P.R.; 1799, c. 528,P.R.; 1801, c. 591, P.R.; R.C., c. 31, ss. 60, 61, 62; Code, s. 1356; Rev., s.1643; C.S., s. 1807; 1965, c. 284; 1971, c. 381, s. 12.)