§ 6-53. Witness to prove attendance; action for fees. - North Carolina Statutes

§6‑53.  Witness to prove attendance; action for fees.

Every person summoned, whoshall attend as a witness in any suit, shall, before the clerk of the court, orbefore the referee or officer taking the testimony, ascertain by his own oathor affirmation the sum due for traveling to and from court, attendance andferriage, which shall be certified by the clerk; and on failure of the party,at whose instance such witness was summoned (witnesses for the State andmunicipal corporations excepted), to pay the same previous to the departure ofthe witness from court, such witness may at any time sue for and recover thesame from the party summoning him; and the certificate of the clerk shall besufficient evidence of the debt. (1777, c. 115, s. 46, P.R.;1796, c. 458, P.R.; R.C., c. 31, s. 73; 1868‑9, c. 279, subch. 11, ss. 2,4; Code, s. 1369; Rev., s. 1299; C.S., s. 1274; 1971, c. 269, s. 12.)