§ 8-78. Commissioner may subpoena witness and punish for contempt. - North Carolina Statutes

§8‑78.  Commissioner may subpoena witness and punish for contempt.

Commissioners to takedepositions appointed by the courts of this State, or by the courts of thestates or territories of the United States, arbitrators, referees, and allpersons acting under a commission issuing from any court of record in thisState, are hereby empowered, they or the clerks of the courts respectively inthis State, to which such commission shall be returnable, to issue subpoenas,specifying the time and place for the attendance of witnesses before them, andto administer oaths to said witnesses, to the end that they may give theirtestimony. And any witness appearing before any of the said persons andrefusing to give his testimony on oath touching such matters as he may belawfully examined unto shall be committed, by warrant of the person before whomhe shall so refuse, to the common jail of the county, there to remain until hemay be willing to give his evidence; which warrant of commitment shall recitewhat authority the person has to take the testimony of such witness, and therefusal of the witness to give it. (1777, c. 115, s. 42, P.R.;1805, c. 685, ss. 1, 2, P.R.; 1848, c. 66; 1850, c. 188; R.C., c. 31, s. 64;Code, s. 1362; Rev., s. 1649; C.S., s. 1816.)