2186

An officer is not liable for making the arrest in ignorance of the facts creating the exoneration, but is liable for any subsequent detention of the party, if such party claim the exemption, and make an affidavit stating:\n(1) That he has been served with the subpoena to attend as a witness before a court, officer, or other person, specifying the same, the place of attendance, and the action or proceeding in which the subpoena was issued;\n(2) That he has not thus been served by his own procurement, with the intention of avoiding an arrest, and\n(3) That he is at the time going to the place of attendance, or returning therefrom; or remaining there in obedience to the subpoena.\nThe affidavit may be taken by the officer, and exonerates him from liability for discharging the witness when arrested.\nHistory —Code Civil Proc., 1933, § 530.