When a magistrate, duly authorized, has summoned a person before the magistrate to give that person's deposition or affidavit in any case authorized by this subchapter pending in this State or any other state, the summons has been served and returned by a proper officer or other person, and proof of service and return is entered on the summons, and legal fees have been tendered a reasonable time before the day appointed for taking the deposition and the person refuses to attend, the magistrate may adjourn the time of taking the person's deposition and issue a capias, directed to a proper officer, to apprehend and bring the person before the magistrate. If at the time of the adjournment the person is not apprehended, the magistrate may adjourn from time to time until the person is brought before the magistrate. If the person then refuses to depose and answer such questions as are propounded to the person by either of the parties or persons interested, under the magistrate's direction, the magistrate may commit the person to the county jail for contempt, as a court may commit a witness for refusing to testify. The capias may be served by the sheriff, a deputy sheriff or any constable of the county in which the person resides. If the person escapes into another county, either of the officers may arrest the person there and bring the person before the magistrate.   [RR 2025, c. 2, Pt. D, §13 (COR).]