1822 - Edocs

41
dollars— In all cases where witnesses are required to attend
as aforesaid, a summons shall be issued by the clerk Summons by tbe
of the Court at ifae request of either party interested, or cierk >
of the commissioners ur referees, acting under the authority
of such Court, expressing ihe day and place where
the) are to appear, the naun.s of the parties to the suits,
an i in whose behaif summoned ; and any sub/iana or
process to require or compel the attendance of a witness
mav be served and executed, in the County where the
witness may be found.
58. Be itfurther enacted, That, the Superior and Infe- Court may fine witrior
Courts in this Territory, shall have power to fine any nesses for non atpcrsou
duly summoned as a witness, and who shall not at- tendance.
tend in pursuance of such summons, any sum not exceeding1
ten dollars, for the use of the Territory, and such
delinquent shall also, if the legal ices for his travel and
one days attendance have been paid or tendered to him,
when he was summoned to attend, fail so to do, forfeit and
pay to the party who may have caused him to be sum- Liable to party,
moned, and who has paid or tendered his legal fees as aforesaid,
not having been prevented therefrom by sickness,
or other unavoidable accidents, not exceeding the
sum of fifty dollars, to be recovered by an action of debt
in any Court of competent jurisdiction.
59. Be it further enacted, That, the Superior and Infe- Courts may coerce
rior Courts shall have power, in any action, depending the production „f
before them, on motion and upon good and sufficient
cause being shewn by affidavit, or affirmation, and due
notice thereof being given, to require the parlies or either
of them, to produce books or writings, in their possession
or power, which contain evidence pertinent to the
issue, and if either party shall fail to comply with such
order, and to produce such books or writings, or to satisfy
said Court, why the same is not in the parties power
so to do, it shall be lawful for the said courts, if the party
so refusing shall be Plaintiff, to give judgment for the
defendant as in cases of non suit, and if defendant, to give
judgment against him or her by dtfault— so far as relates
to such part of the plaintiffs demand or the defendants
defence, to which the books or papers of the party is ailed
ged to apply.
books, papers, &.