Witnesses not appearing or refusing to testify

(1) Every person who, (a) having been served with a summons as a witness in any cause or matter and having been paid or had tendered to him his travelling expenses according to the prescribed scale, refuses or neglects, without sufficient cause, to appear and give evidence, or to appear and give evidence and produce any books, deeds, papers, writings or articles in his possession or control, in obedience to that summons, or (b) being present in court and required to give evidence, refuses to be sworn or give evidence, shall be liable to a fine not exceeding one hundred dollars. (2) The whole or any part of such fine shall, after deducting the costs, be applicable, in the discretion of the magistrate, towards indemnifying the party injured by the refusal or 13 neglect, and the remainder, if any, shall be received and accounted for by the clerk.