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Session Laws, 1955
Volume 620, Page 511   View pdf image (33K)
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THEODORE R. McKELDIN, GOVERNOR                      511

a prosecution pending in a court of record in this state, or in a grand
jury investigation which has commenced or is about to commence,
a judge of such court may issue a certificate under the seal of the court
stating these facts and specifying the number of days the witness
will be required. Said certificate may include a recommendation that
the ivitness be taken into immediate custody and delivered to an of-
ficer of this state to assure his attendance in this state, unless the
witness shall be admitted to bail by the appropriate authority, upon
conviction
CONDITION that the witness will appear at the time and
placed specified in the subpoena or summons served upon him. This
certificate shall be presented to a judge of a court of record in the
county in which the witness is found.

(b) If the witness is summoned to attend and testify in this state
he shall be tendered the sum of Ten Cents a mile for each mile by the
ordinary traveled route to and from the court where the prosecution
is pending, and Five Dollars for each day that he is required to travel
and attend as a witness. A witness who has appeared in accordance
with the provisions of the summons shall not be required to remain
within this state a longer period of time than the period mentioned in
the certificate, unless otherwise ordered by the Court. If such witness,
after coming into this state, fails vnthout good cause to attend and
testify as directed in the summons, he shall be punished in the man-
ner provided for the punishment of any witness who disobeys a sum-
mons issued from a court of record in this state.

704.   (a) (Exemption From Arrest and Service of Process.) If
a person comes into this state in obedience to a summons directing him
to attend and testify in this state he shall not while in this state
pursuant to such summons be subject to arrest or the service of pro-
cess, civil or criminal, in connection with matters which arose before
his entrance into this state under the summons.

(b) If a person passes through this state while going to another
state in obedience to a summons to attend and testify in that state or
while returning therefrom, he shall not while so passing through this
state be subject to arrest or the service of process, civil or criminal, in
connection with matters which arose before his entrance into this
state under the summons.

705.   (Uniformity of Interpretation,) This sub-title shall be so
interpreted and construed as to effectuate its general purpose to make
uniform the law of the states which enact it.

706.   (Short Title.) This sub-title may be cited as "Uniform Act to
Secure the Attendance of Witnesses from without a State in Criminal
Proceedings."

707.  If any provisions of this sub-title or the application thereof to
any person or circumstances is held invalid, such invalidity shall not
affect other provisions or applications of the sub-title which can be
given effect without the invalid provision or application, and to this
end the provisions of this sub-title are declared to be severable.

SEC. 2. And be it further enacted, That all laws, whether public
general or public local, inconsistent with the provisions of this sub-
title, be and they are hereby repealed to the extent of such incon-
sistency.

 

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Session Laws, 1955
Volume 620, Page 511   View pdf image (33K)
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