Subp Na - Law Dictionary Search Results
Home Dictionary Name: subp naSubp'na
Subp'na [from sub, Lat., under, and p'na, penalty], a writ commanding attendance in court under a penalty. It bears a close analogy to the citation, or vocatio in jus of the Civil and Canon Laws. There are several kinds of subp'na.At Common Law there are two to compel the attendance of witnesses:-(1) Subp'na ad testificandum, the common subp'na, which is personally served upon a witness, in order to compel him to attend the trial or inquiry, to give evidence.(2) Subp'na duces tecum; this is personally served upona person, who has in his possession any written instrument, etc., the production of which in evidence is desired. Such a person need not be sworn, and in that case he cannot be cross-examined. Se DUCES TECUM.These subp'nas are also used in criminal proceedings; four witnesses can be included in one subp'na, whether in civil or criminal cases.For rules as to service, etc., of subp'na see (English) R.S.C. 1883, Ord. XXXVII., rr. 26-34, and for the different forms of subp'na, see ...
Duces tecum, subp'na
Duces tecum, subp'na (you shall bring with you under penalty). If a person, even if he be a party to a cause, have in his possession any written instrument, etc., which it is desired to put in evidence at the trial, instead of the common subp'na he is served with a subpoena duces tecum, commanding him to bring it with him and produce it at the trial. Upon being served with a copy of this subp'na, he must attend at the trial with the instrument required, and produce it in evidence, unless he has some lawful or reasonable excuse for withholding it, of the validity of which excuse the Court and not the witness is to judge. It is no excuse that the legal custody of the instrument belongs to another, if it be in the actual possession of the witness; but if it tend to criminate himself or his client (if the witness be a solicitor), or if it be his title-deed, the Court will not compel him to produce it.If the witness, instead of bringing the papers, etc., required, deliver them to the opposi...
Subp'na Office in Chancery
Subp'na Office in Chancery. Abolished, and its duties transferred to Clerks of Records and Writs, 15 & 16 Vict. c. 87, s. 28....
Conduct-money
Conduct-money, money paid to a witness for his travelling expenses. Testes qui postulat debet dare eis sumptus competentes. (He who requires witnesses must find their expenses to a sufficient extent.)-Reg. Jur. Civ. A witness whose expenses are not paid may refuse to give evidence, it being provided by the still unrepealed 5 Eliz. c. 9, that a witness 'having tendered to him, according to his countenance or calling, such reasonable sums of money' for his expenses, 'as having regard to the distance of the places is necessary,' is to forfeit 10l., and yield further recompense to the party grieved, etc.; and see Hallett v. Mears, (1810) 13 East 15; 12 RR 296, and note to the effect that unless the whole necessary expenses of the journey to and from the place of trial, and of the witness's necessary stay there, be tendered with the subp'na, the Court will not grant a subp'na for the non-attendance of the witness at the place of trial....
Witness
Witness, is a person who testifies in a court, Webster Random House Dictionary, p. 1680.Witness, one who gives evidence in a cause.1. One who sees, knows, or vouches for something2. One who gives testimony, under oath or affirmation, Black's Law Dictionary, 7th Edn., p. 1596.A witness must attend in court according to the requirement of his subp'na. If he has not been paid his lawful expenses, he may refuse to be sworn; but if he be once sworn, he must give his evidence. See OATH and AFFIRMATION.In civil cases, as a rule, husband and wife are competent and compellable witnesses against each other [Evidence Amendment Act, 1853 (16 & 17 Vict. c. 83), s. 1], but husbands and wives are not compellable to disclose communications between each other (s. 3 ibid.). As to criminal cases, see Criminal Evidence Act, 1898, as amended, and that title.A witness is not obliged to answer any question which tends to criminate him.On the application of either party, all the witnesses on both sides are or...
Patentee
Patentee, means the person for the time being entered on the register as the grantee or proprietor of the patent. [Patents Act, 1970 (39 of 1970), s. 2(p)]One who has a patent. The offices of patentee and deputy patentee of the Subp'na office were abolished by 15 & 16 Vict. c. 87, s. 27....
Privilege
Privilege, a privilege is the opposite of a duty, and the correlative of 'no-right', Isha Valimohamad v. Haji Gulam Mohamad and Haji Dada Trust, AIR 1974 SC 2061 (2065): (1974) 2 SCC 484: (1975) 1 SCR 720. [Bombay Rents Hotels and Lodging House Rates (Control) Act, 1947 s. 51(1)(ii)]An exceptional or advantage; an exemption from some duty, or attendance, to which certain persons are entitled, from a supposition of law, that the stations they fill or the offices they are engaged in, are such as require all their care; and that, therefore, without this indulgence, it would be impracticable to execute such offices so advantageously as the public good requires.The separate privileges of either House of Parlia-ment are extensive, but they are at the same time uncertain and indefinite. Amongst those privileges are, the power of committing persons to prison; the power of publishing matters which, if not issuing from such high authority, might become the subject of proceedings in a Court of la...
Stakeholder
Stakeholder, one with whom a stake is deposited [see, generally, (English) Betting and Lotteries Act, 1934 (24 & 25 Geo. 5, c. 58)]. As to when money deposited in the hands of a stakeholder, to abide the event of a wager, may be recovered, see Gaming Act, 1845, s. 18, and the title WAGER. A stakeholder of a sealed packet containing a document can be called upon to produce it upon a subp'na duces tecum, R. v. Daye, (1908) 2 KB 333. Upon a sale of land a sake-holder appears to hold the deposit for the party entitled thereto. He may interplead under R.S.C. Ord. LVII., and is entitled to retain the interest on the deposit for his pains: see Mr. Cyprian Williams in 71 L.J. (articles), pp. 162 and 180-Wolst. & Ch. Conveyancing Statutes, 12th Edn., p. 724. Apart from a special stipulation, it is not clear that a stakeholder converting the deposit into the property of either party before determination of the event is not acting in contradiction of his mandate. See INTRPLEADER.A disinterested t...
Agentes et consentientes pari p'na plectentur
Agentes et consentientes pari p'na plectentur, 5 Rep. 80-(Acting and consenting parties are liable to the same punishment.)...
Solvere p'nas
Solvere p'nas, to pay the penalty....
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