[i roto i te reo Māori]

§ 39.

If there be any person who knows anything about the case, and either of the parties wish that the evidence of that person should be taken on the trial, he may apply to the Magistrate, who will summons that person to attend the trial as a witness.

If the witness neglects to attend at the appointed time, he is liable to be fined not exceeding £10. The law provides this, because the absence of a witness might cause the plaintiff or the defendant to lose his case for want of some evidence not produced. Thus a decision might be given by the Court, causing injustice to one party. For this reason the witness is summoned and required to appear, and he must not disobey or absent himself, that the Magistrates may be able to decide justly.