Civil liability of witness respecting disobedience of summons to witness
28A witness served in due time with a summons to witness issued out of a court in this province and paid his proper attendance money, who makes default in obeying such summons to witness without any lawful and reasonable impediment, is, in addition to any penalty he may incur as for a contempt of court or by law, liable to an action on the part of the person by whom, or on whose behalf, he is served with the summons to witness, for any damage that such person may sustain or be put to by reason of such default.