ORDINANCE No. 15 OF 1844.
Supreme Court.
56. And be it further enacted and ordained, that either party desiring the attendance of any person to give evidence on the trial of a cause, may, of right, without any prior proceeding whatsoever, take out from the office of the Registrar of the Court, one or more writs of subpoena for that purpose; each of which said writs of subpoena may contain the name of four persons, and service thereof upon any person therein named, shall be made by delivering to him a copy of the said writ of subpoena, and at the same time showing him the original, and informing him of the exigency thereof; and any person being so served with a copy of the said writ of subpoena, a reasonable time before the day of trial, and his reasonable expenses having been paid, or tendered to him, and not having any lawful impediment, shall on his default, be liable to be attached, fined, and imprisoned, for his contempt of the process of the Court, without prejudice to any other claim or remedy the party aggrieved by his default may, by law, have against him on that account: and the said writ of subpoena shall, as near as may be, be in the form in the schedule hereunto annexed, marked (No. 5.).
57. And be it further enacted and ordained, that if any witness shall have in his possession or control, any deed, instrument, or writing, which the party requiring his attendance is desirous to give in evidence, then the said writ of subpoena shall be in the form in the schedule hereunto annexed, marked (No. 6.).
58. And be it further enacted and ordained, that when the testimony of any witness is in danger of being lost, before the matter to which it relates can be made the subject of judicial investigation, either party desiring his testimony shall apply in term time to the Court, on motion, or in vacation, upon affidavit, to the Chief Justice at chambers, setting forth the particular circumstances under which the same is made, that the said witness may be forthwith examined de bene esse, or conditionally, either before the Court, or before a commissioner to be appointed by the said Court for that purpose, according as such witness resides near to, or at a distance from Victoria; and the said Court, or Chief Justice, will thereupon make such order as the justice of the case may require.
59. And be it further enacted and ordained, that it shall and may be lawful to and for the said Supreme Court, in all proceedings therein, whether of a civil or criminal nature, to order and allow to all persons examined as witnesses in any such proceedings, such sum or sums of money as to the said Court shall seem fit, as well for defraying the reasonable expenses of such witnesses, as for affording them a reasonable compensation for their loss of time.
Witnesses. Subpoena.
67
Subpoena duces tecum.
Examination of witnesses de bene esse.
Allowance of expenses and compensation to witnesses.
Punishment of witnesses for non-attendance, and of persons contempt of Court.
60. And be it further enacted and ordained, that if any person served with a subpoena to attend the said Court as a witness in any suit or action therein, or upon trial of any indictment or information, shall refuse or neglect to attend the said Court pursuant to such subpoena, or if any person shall be guilty of any contempt before the said Court, it shall be lawful for the said Court to punish any such person in a summary way, by fine not exceeding one hundred dollars, or by imprisonment for any time not exceeding two calendar months: Provided, that nothing herein contained shall effect
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ORDINANCE No. 15 OF 1844.
འ
Supreme Court.
56. And be it further enacted and ordained, that either party desiring the attendance of any person to give evidence on the trial of a cause, may, of right, without any prior proceeding whatsoever, take out from the office of the Registrar of the Court, one or more writs of subpoena for that purpose; each of which said writs of subpoena may contain the name of four persons, and service thereof upon any person therein named, shall be made by delivering to him a copy of the said writ of subpoena, and at the same time showing him the original, and informing him of the exigency thereof; and any person being so served with a copy of the said writ of subpoena, a reasonable time before the day of trial, and his reasonable expenses having been paid, or tendered to him, and not having any lawful impediment, shall on his default, be liable to be attached, fined, and imprisoned, for his contempt of the process of the Court, without prejudice to any other claim or remedy the party aggrieved by his default may, by law, have against him on that account: and the said writ of subpoena shall, as near as may be, be in the form in the schedule hereunto annexed, marked (No. 5.).
57. And be it further enacted and ordained, that if any witness shall have in his possession or control, any deed, instrument, or writing, which the party requiring his attendance is desirous to give in evidence, then the said writ of subpoena shall be in the form in the schedule hereunto annexed, marked (No. 6.).
58. And be it further enacted and ordained, that when the testimony of any. witness is in danger of being lost, before the matter to which it relates can be made the subject of judicial investigation, either party desiring his testimony shall apply in term time to the Court, on motion, or in vacation, upon affidavit, to the Chief Justice at chambers, setting forth the particular circumstances under which the same is made, that the said witness may be forthwith examined de bene esse, or conditionally, either before the Court, or before a commissioner to be appointed by the said Court for that purpose, according as such witness resides near to, or at a distance from Victoria; and the said Court, or Chief Justice, will thereupon make such order as the justice of the case may require.
59. And be it further enacted and ordained, that it shall and may be lawful to and for the said Supreme Court, in all proceedings therein, whether of a civil or criminal nature, to order and allow to all persons examined as witnesses in any such proceedings, such sum or sums of money as to the said Court shall seem fit, as well for defraying the reasonable expenses of such witnesses, as for affording them a reasonable compensation for their loss of time.
the
Witnesses. Subpoena.
67
Subpoena duces
tecum.
Examination of witnesses de bene esse.
Allowance of expenses and compensation to witnesses.
Punishment of witnesses for non-attendance, and of persons
contempt of Court.
60. And be it further enacted and ordained, that if any person served with a subpana to attend the said Court as a witness in any suit or action therein,
or upon trial of any indictment or information, shall refuse or neglect to attend the said Court guilty of a pursuant to such subpæna, or if any person shall be guilty of any contempt before the said Court, it shall be lawful for the said Court to punish any such person in a summary way, by fine not exceeding one hundred dollars, or by imprisonment for any time not exceeding two calendar months: Provided, that nothing herein contained shall effect
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