San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1897-06-20

ed, the distance to the nearest rail-
road station, and miles actually trav-
eled to''each court. If horses or We
hiclss are used, from whom hired and
price paid, and length of time consum-
ed and amount paid out for feeding
horses and to whom. If meals and
lodging were provided from whom, and
when, and price paid; provided, that
officers shall not be entitled to receive
exceeding so cents per meal and IS
cents per night for lodging for any
witness; and provided further, that no
item or items for expenses shall be al
lowed unless the officer shall present
with his account to the officer whose
duty it is to approve same ae receipt
| in writing for each item of said ac-
count, except as to such items as are
furnished by the officer himself; and
when meals and lodging are furnished
| by the officer in person conveying a
witness he shall be allowed to receive
not exceeding 25c per meal and 25c
per night for lodging. All of the said
receipts shall be filed with the clerk
| of the court approving such account.
| Said account shall also show, before
| the said officer shall be entitled to
compensation for expenses of attach
ed witnesses, that before starting with
said witness to the foreign court he
carried each of them before the magis-
trate nearest the place of serving the
attachment, giving his name and resi-
dence, and that said witness made oath
in writing before said magistrate, GER
titled copies of which shall be attach
ed to the account, that they were una
BILE to give bond for their appearance
at court, or refused to give bond after
having been advised by said officer of
their right to do so. And the officer
shall also present to the court the affi-
davit of the witness to the same effect,
or shall show that the witness refus-
ed to make the affidavit; and should it
appear to the court that the witness
was able and willing to give bond, the
sheriff shall not be entitled to any
compensation for conveying such wit
ness, and said account shall be sworn
to by the officer before any officer au-
thorized to administer oaths, and shall
state that said account is true, just
and correct in every particular, and
present the same to the judge, who
shall, during such term of court, care
fully examine such account, and if
found to be correct, in whole or in
part, shall so certify and allow the
same for such amount as he may find
to be correct; and if by him allowed,
in whole or in part, he shall so certify;
and such account with the affidavit
of the sheriff and certificate of the
judge, shall be recorded by the clerk in
of the district court in a book to be
kept by him for that purpose, which
shall constitute part of the proceedings
or minutes of the court; and the clerk
shall certify to the original account,
and shall show that the same has been
recorded; and said account shall then
become due and the same shall con-
stitute voucher, on which the comp
troller is authorized to issue a war
rant, and such minutes of the court,
or certified copy thereof. may be used
in evidence against the officer making
the affidavit, for perjury, in case said
affidavit shall be wilfully false. When
the officer receiving the writ for the
attachment of such witness, shall take
a bond for the appearance of such
witness, he shall be entitled to receive
from the state 81 for each bond so
taken; but he shall be responsible to
the court issuing said writ that said
bond is in proper form and has been
executed by the witness with one or
said bond shall in no case be less than
$10O; provided, the comptroller may
require from such officer, a certified
copy of all such process before audit
ing any account; provided, that when
no inquest or examining trial has
been held, at which sufficient evidence
Twas taken upon which to find an in
dictment, which fact shall be certified
by the grand jury or when the grand
jury shall state 70 the district judge
that an Indictment cannot be pro-
cured, except upon the testimony of
nonresident witnesses, the district
Judge may have attachments issued to
Iother counties for witnesses, not to ex-
coed the number for which the
sheriff may receive pay, as pro-
| vidad for bplo1v TO testify before