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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.

© 1854 Crown Copyright

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