Section 17-16-76 — Witnesses - Oaths; deposits by persons summoning witnesses; witness fees and mileage allowances.


The chairman of any committee or subcommittee before which may be pending any contest as herein provided shall have authority to administer oaths to witnesses in such contests and to summon persons and officers to be and appear before such committee or subcommittee. The person who desires the summoning of any witnesses, at the time he makes request of the chairman of such committee to summon any witness, shall deposit with the chairman of such committee, in cash, sufficient money to pay the cost of summoning any such witness and also to pay such witness the sum of $1.00 per day while attending upon such committee and the sum of $.03 per mile each way in coming and returning from attendance upon such committee. All witnesses summoned to testify in any contest pending before any committee shall be paid at the rate of $1.00 per day and $.03 per mile. Any party to the contest may file with the chairman an instrument in writing, signed by any such desired witness, waiving his right to claim such per diem and mileage, in which event the chairman shall not require a deposit for the payment of such witness fees, but only for the expense of summoning him.

(Acts 1931, No. 56, p. 73; Code 1940, T. 17, §390.)