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Powers to enforce attendance of witnesses.
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13. Whenever it shall be made to appear to any justice that any person within the jurisdiction of such justice is able to give material evidence for the prosecution in cases of indictable offences, or for the complainant or defendant in cases of summary jurisdiction, and will not voluntarily appear for the purpose of being examined as a witness, such justice may proceed as follows:
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1. He may issue a summons (B a.) to such person, requiring him to appear at a time and place mentioned in such summons, to testify what he may know concerning the matter of the information or complaint, and (if the justice shall see fit) to bring with him and produce for examination such accounts, papers, or other documents, as shall be in his possession or power, and as shall be deemed necessary by such justice; but in any case of an indictable crime or offence, whenever the justice shall be satisfied by proof upon oath that it is probable that such person will not attend to give evidence without being compelled so to do, then, (the information or complaint being in writing and on oath,) instead of issuing such summons as aforesaid, he may issue a warrant (B b.) in the first instance for the arrest of such person:
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2. And in any case, when any person to whom a summons shall be issued in the first instance shall neglect or refuse to appear at the time and place appointed by such summons, and no just excuse shall be offered for such neglect or refusal, then, (the information or complaint being in writing and on oath,) after proof upon oath that such summons was personally served upon such person, or that such person is keeping out of the way of such service, and that he is able to give material evidence in the case, the justice before whom such person should have appeared may issue a warrant (B b.) to arrest such person, and to bring him at the time and place appointed for the hearing of the case, to testify and to produce such accounts, papers, and documents as may be required as aforesaid:
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3. In all cases of prosecutions for offences the evidence of the informer or party aggrieved shall be admissible in proof of the offence; and in all cases of complaints on which a justice can make an order for the payment of money, or otherwise, the evidence of the complainant shall be admissible in proof of his complaint; and in cases of wages, hire, or tuition the evidence of the master or employer may, in the discretion of the justices, be admitted in proof against the complaint:
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4. All witnesses shall be examined upon oath; and any justice before whom any such witness shall appear for the purpose of being so examined shall have full authority to administer to every such witness the usual oath.
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5. Whenever any person shall appear as a witness, either in obedience to a summons or by virtue of a warrant, (or shall be present, and shall be verbally required by the justice or justices to give evidence,) and he shall refuse to be examined upon oath concerning the matter of the information or complaint, or shall refuse to take such oath, or having taken such oath shall refuse to answer such questions concerning the said matter as shall then be put to him, or shall refuse or neglect to produce any such accounts, papers, or documents as aforesaid, (without, offering any just excuse for such refusal,) the justice or justices then present may adjourn the proceedings for any period not exceeding eight clear days, and may in the meantime by warrant (E b.) commit the said witness to gaol, unless he shall sooner consent to be sworn or to testify as aforesaid, or to produce such accounts, papers, or documents, as the case may be; and if such witness, upon being brought up upon such adjourned hearing, shall again refuse to be sworn, or to testify as aforesaid, or to produce such accounts, papers, or documents, as the case may be, the said justices, If they shall see fit, may again adjourn the proceedings, and commit the witness for the like period, and so again from time to time until he shall consent to be sworn or to testify as aforesaid, or to produce such accounts, papers, or documents, as the case may be (provided that no such imprisonment shall in any case of summary jurisdiction exceed one month in the whole); but nothing herein contained shall be deemed to prevent the justice or justices from sending any such case for trial, or otherwise disposing of the same in the meantime, according to any other sufficient evidence which shall have been received by him or them:
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6. Whenever in cases of indictable offences the justice or justices shall see fit, they may bind the witnesses by recognizance (A b.*) or (C.) to appear at the trial of the offender and give evidence against him; and whenever any witness shall refuse to be so bound it shall be lawful for the justice or justices by warrant (E b.) to commit him to the gaol of the county or place in which the person accused is to be tried, there to be imprisoned until the trial of the person accused, unless in the meantime such witness shall duly enter into recognizance (C.) before some justice of the county in which such gaol shall be situated; but if afterwards, from want of sufficient evidence or other cause, the justice or justices before whom the person accused shall have been brought shall not commit him or hold him to bail, it shall be lawful for such justice or justices or any other justice of the county by warrant (E d.) to order the keeper of the gaol to discharge such witness:
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7. In all cases of summary jurisdiction it shall be lawful for the justices by whom any order for payment of money, not being in the nature of a penalty for an offence, shall be made, to order the party at whose instance any witness shall have been summoned to pay to such witness such sum, not exceeding two shillings and sixpence, as to such justices shall seem fit, for his expences or loss of time for each day of attending to give evidence, and, in default of payment thereof at such time as such justice shall appoint, then to issue a, warrant to levy the amount thereof by distress of the goods of such party:
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And no person who shall be summoned to attend before any court of petty sessions, or before any justice out of petty sessions, as a witness, shall be liable to arrest for debt whilst at such court, or at the place where such justice shall sit, or whilst proceeding to or returning from the same, provided he shall proceed and return by the most direct road without unnecessary delay; and it shall be lawful for the court out of which the writ or process shall have issued to order the discharge of any person who shall be so arrested.
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