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	Statutes of Northern Ireland
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ATTENDANCE OF WITNESSES ACT 1854

ATTENDANCE OF WITNESSES ACT 1854 - LONG TITLE

An Act to enable the Courts of Law in England, Ireland and
Scotland to issue Process to compel the Attendance of Witnesses out
of their Jurisdiction, and to give Effect to the Service of such
Process in any Part of the United Kingdom.{1}
[10th July 1854]
The Act has been repealed, so far as it authorises the issue of
process by the High Court, by (as regards England and Wales) the
Supreme Court of Judicature (Consolidation) Act 1925 (c.49) s.226
sch.6 and (as regards Northern Ireland) the Judicature (Northern
Ireland) Act 1978 (c.23) s.122(2) sch.7

Subp-na issued by superior court to run throughout the United
Kingdom.

ATTENDANCE OF WITNESSES ACT 1854 - SECT 1

1. If in any action or suit now or at any time hereafter
depending in any of Her Majesty's Superior Courts of Common Law at
Westminster or Dublin, or the Court of Session in Scotland, it
shall appear to the court in which such action is pending, or, if
such court is not sitting, to any judge of any of the said courts
respectively, that it is proper to compel the personal attendance at
any trial of any witness who may not be within the jurisdiction of
the court in which such action is pending, it shall be lawful for
such court or judge, if in his or their discretion it shall so
seem fit, to order that a writ called a writ of subp-na ad
testificandum or of subp-na duces tecum or warrant of citation shall
issue in special form, commanding such witness to attend such trial,
wherever he shall be within the United Kingdom; and the service of
any such writ or process in any part of the United Kingdom shall
be as valid and effectual, to all intents and purposes, as if same
had been served within the jurisdiction of the court from which it
issues.

ATTENDANCE OF WITNESSES ACT 1854 - SECT 2
Statement at foot of writ.

2. Every such writ shall have at foot thereof a statement or
notice that the same is issued by the special order of the court
or judge, as the case may be; and no such writ shall issue
without such special order.

ATTENDANCE OF WITNESSES ACT 1854 - SECT 3
Witness making default to be punished by the courts of the country
in which the writ was served.

3. In case any person so served shall not appear according to the
exigency of such writ or process, it shall be lawful for the court
out of which the same issued, upon proof made of the service
thereof and of such default, to the satisfaction of the said court,
to transmit a certificate of such default under the seal of the
same court, or under the hand of one of the judges or justices of
the same, to any of Her Majesty's Superior Courts of Common Law at
Westminster, in case such service was had in England, or in case
such service was had in Scotland to the Court of Session at
Edinburgh, or in case such service was had in Ireland to any of
Her Majesty's Superior Courts of Common Law at Dublin; and the
court to which such certificate is so sent shall and may thereupon
proceed against and punish the person so having made default, in
like manner as they might have done if such person had neglected
or refused to appear in obedience to a writ of subp-na or other
process issued out of such last-mentioned court.

ATTENDANCE OF WITNESSES ACT 1854 - SECT 4
Tender of reasonable sum for expenses.

4. None of the said courts shall in any case proceed against or
punish any person for having made default by not appearing to give
evidence in obedience to any writ of subp-na or other process
issued under the powers given by this Act, unless it shall be made
to appear to such court that 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, had been
tendered to such person at the time when such writ of subp-na or
process was served upon such person.

ATTENDANCE OF WITNESSES ACT 1854 - SECT 5
Saving as to commissions to examine witnesses.

5. Nothing herein contained shall alter or affect the power of any
of such courts to issue a commission for the examination of
witnesses out of their jurisdiction in any case in which,
notwithstanding this Act, they shall think fit to issue such
commission.

ATTENDANCE OF WITNESSES ACT 1854 - SECT 6
Act not to affect law of evidence.

6. Nothing herein contained shall alter or affect the admissibility
of any evidence at any trial, where such evidence is now by law
receivable on the ground of any witness being beyond the
jurisdiction of the court; but the admissibility of all such
evidence shall be determined as if this Act had not passed.