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High Peak Mining Customs and Mineral Courts Act 1851

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This is the original version (as it was originally enacted).

XXXIService of Subpoenas on Witnesses good in any Part of England.

Every Subpoena to attend and give Evidence upon any Trial in the Small Barmote Court, if served personally upon the Person required to give Evidence in any Part of England or Wales Seven clear Days at the least before the Day fixed for the holding the Court at which such Trial is to be had, shall be as valid and effectual in Law, and shall entitle the Party suing out such Subpoena to all and the like Remedies by Action, as if the same had been issued out of the Court of Queen's Bench at Westminster in any Cause depending in that Court; and in case the Person served shall not appear as required by the said Subpoena, it shall be lawful for the said Steward, upon Oath or Affirmation taken in open Court of the personal Service of such Subpoena, and of the Tender to the Person so served at the Time of such Service of a reasonable and sufficient Sum of Money to defray the Expenses of coming and attending to give Evidence, and of returning from giving such Evidence, to give to the Party complaining of such Default a Certificate of such Default under the Hand and Seal of the said Steward, and the Party complaining of such Default having obtained such Certificate may apply to the Court of Queen's Bench at Westminster, and the said last-mentioned Court shall thereupon (if it seems to them just to do so) proceed by Attachment or otherwise, according to the Course and Practice of the same Court, against the Person so having made default, in like Manner as the same Court might have done if such Person had neglected or refused to appear in obedience to a Writ of Subpoena issued to compel the Attendance of Witnesses out of such last-mentioned Court, but such Certificate shall not he conclusive either of the due Service of the Subpoena or of the same having been disobeyed, or of any other Matter.

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