Any witness summoned pursuant to Code Section 52-6-39, whose testimony shall appear to be material and who shall fail to appear, may be attached by the commissioners. The attachment may be directed to a sheriff or constable and made returnable to the next superior court of the county; and the court may fine the witnesses in a sum not exceeding $100.00, unless a good excuse is made to the judge of the court. The witness shall also be liable to action at the action of the party injured by the nonattendance.
(Laws 1832, Cobb's 1851 Digest, p. 45; Code 1863, § 1477; Code 1868, § 1534; Code 1873, § 1528; Code 1882, § 1528; Civil Code 1895, § 1676; Civil Code 1910, § 1922; Code 1933, § 80-202; Ga. L. 1945, p. 279, § 17.)