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WRIT OF SUBP - NA ACT 1805

WRIT OF SUBP - NA ACT 1805 - LONG TITLE

An Act to amend Two Acts of the Thirteenth and Forty-fourth Years
of His present Majesty, for the more effectual Execution of the
Criminal Laws, and more easy apprehending and bringing to trial
Offenders escaping from one Part of the United Kingdom to the
other, and from one County to another.{1}
[10th July 1805]
Preamble rep. by SLR 1872

Ss.1, 2 rep. by SLR 1872

WRIT OF SUBP - NA ACT 1805 - SECT 3
Service of writs of subp - na in any part of the United Kingdom
requiring appearance in any other part, shall be valid.

3. And whereas it is fit to provide for the appearance of persons
to answer in cases where warrants are not usually issued, and to
give evidence in criminal prosecutions in every part of the United
Kingdom: the service of every writ of subp-na or other process upon
any person in any one of the parts of the United Kingdom,
requiring the appearance of such person to answer or give evidence
in any criminal prosecution in any other of the parts of the same,
shall be as good and effectual in law as if the same had been
served in that part of the United Kingdom where the person so
served is required to appear; and in case such person so served
shall not appear according to the exigence 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 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 the [High Court] in England, in case
such service was had in England, or, in case such service was had
in Scotland, to the Court of Justiciary in Scotland, or, in case
such service was had in Ireland, to the [High Court of Justice in
Northern Ireland], and the said last-mentioned courts respectively
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 courts
respectively.

WRIT OF SUBP - NA ACT 1805 - SECT 4
Expences of attendance to be tendered when writs of subp - na are
served.

4. Provided always, that none of such last-mentioned 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 for that purpose, 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
other process was served upon such person.

Ss.57 rep. by SLR 1872






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URL: http://www.bailii.org/nie/legis/num_act/wosna1805173.txt