26-2-507. Demand for advance payment of witness fees in civil action. No witness shall be obliged to attend court or before a referee, officer authorized to take depositions, or commissioner, when subpoenaed, unless his mileage and fees for 1 day's attendance are tendered or paid to him on his demanding the same or unless his fees for attendance thereafter for each day are tendered or paid to him on demand. The fees of witnesses paid may be taxed as costs against the losing party.

     History: En. Sec. 4655, Pol. C. 1895; re-en. Sec. 3189, Rev. C. 1907; re-en. Sec. 4944, R.C.M. 1921; amd. Sec. 1, Ch. 71, L. 1927; re-en. Sec. 4944, R.C.M. 1935; R.C.M. 1947, 25-412.