The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-05-03
CHAPTER CIV.
An act to provide for the payment of
the expenses of attached witnesses
in felony cases.

An act to provide for the payment OF
the expenses of attached witnesses
in felony cases.
SECTION /. Be it enacted by the
legislature of the State of Texas:
That any witness who may have been
recognized, or attached and given
bond for his appearance before any
court out of the county of his resi-
dence, to give testimony in felony
case and who shall appear in compli-
ance with the obligations of such re-
cognizance or bond, shall be allowed
his actual travelling expenses, not ex-
ceeding three cents per mile going to
and returning from the court by the
nearest practicable conveyance ard
one dollar per day for each day he
may be necessarily absent from home
as a witness in SUCH case,
Sec. 2, Witness fees shall be allowed
to such state witnesses only as the
district or county attorney shall state
in writing are material for the state,
and to witnesses for the defendant
after he has made affidavit that the
testimony of the witness is material
to his defense, stating the facts which
are expected to be proved by the wit
ness, which certificate and affidavit
must be made at the time of procur-
ing the attachment for, or taking the
recognizance of the witness; provided
that the judge to whom an appli-
cation for attachment is made may in
his discretion grant. or refuse such
application when presented in term
time No attachment shall be issued
in felony Case, until the states
attorney shall have first made the
statement in writing, or the defen-
dant shall have made the affidavit
which will authorize the payment OF
the witness to be attached.
Sec. 3. Before the close of each
term of the district court the witness
shall make affidavit in writing stat.
ing the number of miles he will have
travelled going to and returning
from the court by the nearest prac.
tical conveyance, and the number of
days he will have been necessarily
absent going to and returning from
the place of trial, which affidavit shall
be filed with the papers of the
case; provided no witness shall re-
ceive pay for his services as witness
in more than one case at any one term
of the court; provided further, that
fees shall not be allowed to more than
two witnesses to the same fact, unless
the judge of the court before whom
the cause is tried, shall after such case
shall have been disposed of, certify
that such witnesses claiming fees as
herein provided were necessary in the
cause, nor shall any witness recog-
nized or attached for the purpose OF
proving the general character of the
defendant be entitled to the benefits
hereof.
Sec. 4. 1t shall be the duty of the dis
trict or criminal judge when any such
bill is presented to him, to examine
the same carefully and to inquire into
the correctness thereof, and to ap-
prove the same in whole or in part, OF
to disapprove the entire bill, as the
facts and law may require and said
bill with the action of the judge there.
on shall be entered on the minutes OF
said court; and Immediately on the
rising of said court, it shall be the
duty of the clerk thereof, to make a
certified copy from the minutes OF
said court, of said bill, and the action
VI uAAO tnClOO4l, anu VI
the same by mail in registered letter
to the comptroller of public accounts
for which service the clerk shall be
entitled to a fee of twenty-five cents
to be paid by the witness.
Sec. 5. 1t shall be the duty of the
comptroller, upon the receipt of such
claim and said certified copy of the
minutes of said court, to carefully ex-
aminine the same, and if correct tC
draw his warrant on the state treas
urer for the amount due, and in favor
of the witness entitled to the same
provided. if the appropriation for pay
ing such accounts is exhausted, the
comptroller shall file the same away
if correct, and issue certificate in the
name of the witness entitled to the
same, stating therein the amount OF
the claim; and all such claims or ac-
counts, not transmitted to, or placed
on file in the Office of the comptroller
of public accounts, within twelve
months from the date of the final dis
position of the case in which the wit
ness was attached or recognized to
testify shall be forever barred; and all
laws and parts Of laws in conflict with