§59-1-17. By whom witnesses paid; on what certificate; clerk's
certificate as to claims; dispute as to claims.
The sum to which a witness is entitled shall be paid out of
the treasury in any case of attendance before either house or a
committee of the Legislature, and in any other case in which the
attendance is for the state except where it is otherwise specially
provided. In all other cases it shall be paid by the party for
whom the summons issued. The payment shall be on the certificate
of the person required by the preceding section to make the entry.
The certificate shall express by letters, and not by figures, the
separate amounts to which the witness is entitled for his
attendance, traveling tolls and ferriages which he may have to pay,
and the aggregate thereof. No clerk or other person authorized to
make such entry or give such certificate shall become interested by
purchase in any claim payable out of the public treasury, which by
law he is authorized to certify. And it shall be the duty of such
clerk, as soon as possible after the adjournment of any court, to
make out a list of all entries made on behalf of witnesses
attending for the state, whose fees are payable out of the
treasury, and certify such list to the auditor. Any dispute
(before or after issuing the certificate) between the witness and
the party against whom his claim is made, as to its justice or
amount, may, when the case is in a court or before a justice, be
determined by such court or justice.
Note: WV Code updated with legislation passed through the 2014 1st Special Session
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