SEC. 99-9-15. Subpoena to compel attendance of witness from nearby county during term.
If, during the session of any circuit court, there shall be wanted in any case or matter before the court, or before the grand jury, a witness who resides or may be found in any county within the state, and within one hundred (100) miles of the place where the court is being held, such court may order a subpoena or attachment for such witness, directed to the sheriff of the county in which the court is being held. The sheriff shall execute the process according to its command, in the county where such witness may be found, and the service shall be as valid as if effected in the county in which the court is being held. The court may, however, appoint some person not an officer to execute and return such process, whose action in executing it shall be as lawful as if done by the sheriff, and who shall be entitled to the same fees therefor as the sheriff would be entitled to for executing the process.
SOURCES: Codes, 1880, Sec. 1594; 1892, Sec. 3452; 1906, Sec. 3951; Hemingway's 1917, Sec. 2958; 1930, Sec. 3004; 1942, Sec. 1886; Laws, 1936, ch. 250.