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Power to issue summonses to witnesses.
Fine for non-attendance.
Expences of witnesses summoned from another county to be taxed and awarded against the unsuccessful party.
Proof of handwriting of party or subscribing witness when out of jurisdiction.
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101. For the purpose of procuring the attendance of witnesses in the civil bill courts, it shall and may be lawful for the respective clerks of the peace of or acting for the several counties and counties of cities and towns in Ireland, upon the request of any person, a party to any proceeding by civil bill, whether ejectment or other, to issue a summons in the nature of a subpœna ad testificandum or duces tecum, directed to any person in Ireland, requiring him personally to appear and give evidence before the assistant barrister, or before the judge on appeal, by whom the matter in dispute is to be heard and determined; and in case any person so served with any such summons without sufficient cause shall not attend pursuant thereto, and produce any deeds, documents, papers, or writings required by such summons to be produced, it shall and may be lawful for the said assistant barrister, or judge on appeal, upon proof that proper service thereof had been duly made in sufficient time before the day for appearance named therein, of the sufficiency whereof the assistant barrister or judge on appeal is to determine, and that the reasonable and suitable expences of such person had been paid or- tendered to him at the time of such service, to award such fine against any such person who shall not attend, not exceeding ten pounds, as the said assistant barrister or judge on appeal shall deem fit and proper, he the said assistant barrister or judge on appeal causing to be filed of record in his court an affidavit of the time, place, and manner of the service of such summons, and of the payment or tender of such expences, to be made by the person proving the same; which said fine shall be paid or payable to the party or parties at whose instance and request the said summons shall have been issued: Provided always, that it shall and may be lawful for the assistant barrister or judge on appeal to tax and award against the unsuccessful party in any proceeding by civil bill such sum or sums of money as and for the expences of witnesses . . . not exceeding five pounds in the case of any one witness . . . ; or if the assistant barrister or judge on appeal shall think fit, it shall be lawful for him to award a certain limited sum to be paid for or in lieu of all the costs of all witnesses, but not in any case exceeding the rate aforesaid; and the costs so awarded, when payable by a defendant, shall be recoverable in like manner as and with and in addition to the sum ordered to be paid by him in the decree or order of the assistant barrister or judge of assize on appeal, arid, when payable by a plaintiff, shall be recoverable in like manner as herein provided as to the costs of a dismiss: Provided also, that upon the hearing of any ejectment or other civil bill it shall be lawful for the assistant barrister or judge on appeal, in his discretion, to receive in evidence proof of the handwriting of any party or of any subscribing witness to any instrument whatsoever, upon satisfactory proof being given before him that such party or witness resides out of the county where such civil bill shall be so heard.
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