The Pamphlet Collection of Sir Robert Stout: Volume 69
Form No. 27, Rule 55.—Order Imposing Penalty on a Witness
Form No. 27, Rule 55.—Order Imposing Penalty on a Witness.
In the matter of [same as in the summons, if any].
† Whereas by a summons dated the_____, day of_____, 189, under the hand of J.S., one of the Judges of the said Court, A.B., of_____, was summoned to appear at the sitting of the Court at_____, on the_____, day of_____, 189, at the hour of_____, in the_____, noon, to give evidence in the said matter, and then and there to have and produce to the Court [State documents required to be produced], and all other books, deeds, papers, and writings relating to the said matter in his possession or under his control: and the said summons was served personally on page 28 the said A.B. [or with the leave of the said Judge (State mode of service authorised) at_____, by C.D, _____, on the_____, day of_____, 189, who [unclear: then] there paid [or tendered] to the said A.B. the sum of £ as and for his expenses, such sum being according [unclear: to] scale made by the rules of the said Court in that behalf And whereas the said A.B. neglected [or failed], without sufficient cause, to appear as required [or to produce (so document), the same being a (document) relating to [unclear: the] matter, and in his possession or under his control]:† whereas *the said A.B. has been afforded opportunity to so cause why he should not be fined, and has failed to [unclear: sat] me, the said_____,: Now I, the said_____, do [unclear: hea] adjudge the said A.B., for his said neglect [or [unclear: failure] refusal], to forfeit and pay the sum of [not exceeding to be paid and applied according to law; and if the [unclear: said] be not paid forthwith I, _____, adjudge the said A.B. [unclear: to] imprisoned in the common gaol at_____, in the Provincial District of_____, for the space of [not exceeding days], unless the said sum shall be sooner paid.
As witness my hand and the seal of the [unclear: Cou] this day of_____, 189._____Judge.
If the witness be present in Court, insert in lieu of part of the preceding form marked † to † :—
Whereas at a sitting of the Court holden at_____, the_____, day of_____, 189, A.B., _____, of_____, [unclear: be] present in Court, and being required by me, C.D., to go evidence in the said matter, did refuse to be sworn [or give evidence in the said matter]: And whereas* [or preceding form, inserting "refusal" in lieu, of "neglect") "failure"].