the-ordinances-of-the-legislative-counci-1890 — Page 103

ORDINANCE No. 15 OF 1844 . 67


Supreme Court.


56. And be it further enacted and ordained, that either party desiring the Witnesses.
Subpæna.
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 subpœna
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 Subpoena duces
tecum.
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 testimonyof any Examination of
witnesses de
witness is in danger of being lost , before the matter to which it relates can be made the bene esse.

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 Allowance of
expenses and
and for the said Supreme Court, in all proceedings therein, whether of a civil or compensation to
witnesses.
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.

60. And be it further enacted and ordained, that if any person served with a Punishment of
witnesses for
subpæna to attend the said Court as a witness in any suit or action therein , or upon the non-attendance,
and of persons
trial of any indictment or information , shall refuse or neglect to attend the said Court guilty ofa
contempt of
Court.
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