Section 37, The Appeals from Magistrates' Courts Ordinance

(1) Either party may take out, from the Court or Magistrate by or before whom the proceedings were heard and decision pronounced, subpamas for the attendance of witnesses at the hearing of the appeal, and such subprenas shall be issued accordingly, and a note thereof by the Magistrate or Clerk, and of the name of each witness and of the party by or for whom subprenred shall be made on the proceedings and proof of service of the subprenas attached thereto for the information and guida.nce of the Appeal Court. (2) No witness from the Sherbro Judicial District shall be required or compelled to proceed to Freetown, whether subprenred or not, unless he shall have received from or been tendered by the person or party who shall require his attendance a reasonable sum of money for his expenses or probable expenses consequent on his coming to and returning from Freetown and stay thereat for the hearing of the said appeal, which sum of money shall be settled and determined by the Magistrate of such District, who shall make a note thereof on the proceedings, or of the refusal of the witness to receive the amount; but the amount thereof shall not '9e allowed in costs, between party and . party, beyond the sum which would be allowed to such witness if he had come from any other district, unless the Appeal Court shall otherwise order; and the Appeal Court may at the hearing of the appeal add to or lessen the amount allowed and paid or tendered to any witness.