§ 8-80. Remedies against defaulting witness before commissioner.
§8‑80. Remedies against defaulting witness before commissioner.
But in case the default bemade before a commissioner, arbitrator, referee or other person, acting under acommission or authority from any of the courts of this State, then the sameshall be certified under his hand, and returned with the subpoena to the courtby which he was commissioned or empowered to take the evidence of such witness;and thereupon the court shall adjudge the defaulting witness to pay to theparty at whose instance he was summoned the sum of forty dollars ($40.00); butexecution shall not issue therefor until the same be ordered by the court,after such proceedings had as shall give said witness an opportunity to showcause, if he can, against the issuing thereof. (1850, c. 188, s. 2; R.C., c.31, s. 66; Code, s. 1364; Rev., s. 1651; C.S., s. 1818.)