Every person who, being served with a subpoena, shall without reasonable cause refuse or neglect to appear, or, appearing, shall refuse to answer upon oath touching the matters aforesaid, shall be liable to the party injured for such damages as may be sustained by the injured party on account of such neglect or refusal, and may also be dealt with for contempt as provided by law; but no person shall be required to attend who resides out of the county in which the proof is to be taken, nor unless the subscribing witness’s reasonable expenses shall have first been tendered to the subscribing witness; provided, that if it shall appear to the satisfaction of the officer so authorized to take such acknowledgment that such subscribing witness purposely hides, or keeps out of the way, so that the subscribing witness cannot be served with a subpoena or taken on attachment after the use of due diligence to that end, or in case of the subscribing witness’s continued failure or refusal to testify for the space of one hour after the subscribing witness’s appearance shall have been compelled by process, then said conveyance or other instrument may be proved and admitted to record in the same manner as if such subscribing witness thereto were dead.