§ 8-79. Attendance before commissioner enforced.
§8‑79. Attendance before commissioner enforced.
The sheriff of the countywhere the witness may be shall execute all such subpoenas, and make due returnthereof before the commissioner, or other person, before whom the witness is toappear, in the same manner, and under the same penalties, as in case of processof a like kind returnable to court; and when the witness shall be subpoenaedfive days before the time of his required attendance, and shall fail to appearaccording to the subpoena and give evidence, the default shall be noted by thecommissioner, arbitrator, or other person aforesaid; and in case the default bemade before a commissioner acting under authority from courts without theState, the defaulting witness shall forfeit and pay to the party at whoseinstance he may be subpoenaed fifty dollars, and on the trial for such penaltythe subpoena issued by the commissioner, or other person, as aforesaid, withthe indorsement thereon of due service by the officer serving the same,together with the default noted as aforesaid and indorsed on the subpoena,shall be prima facie evidence of the forfeiture, and sufficient to entitle theplaintiff to judgment for the same, unless the witness may show his incapacityto have attended. (1848, c. 66, s. 2; 1850, c. 188, ss. 1, 2; R.C., c.31, s. 65; Code, s. 1363; Rev., s. 1650; C.S., s. 1817.)