SEC. 11-43-39. Witnesses subpoenaed-affidavits of.
The judge or chancellor may issue or order subpoenas for witnesses and compel their attendance, as a circuit court could in term time, and fine witnesses or others for contempt. Whenever the personal attendance of a witness cannot be procured, his affidavit, taken on reasonable notice to the adverse party, may be received in evidence.
SOURCES: Codes, Hutchinson's 1848, ch. 65, art. 1 (6); 1857, ch. 48, art. 12; 1871, Sec. 1411; 1880, Sec. 2532; 1892, Sec. 2245; 1906, Sec. 2464; Hemingway's 1917, Sec. 2030; 1930, Sec. 1933; 1942, Sec. 2834.