29(1)A judge of The Court of King’s Bench of New Brunswick, upon application on affidavit of either party to a suit pending in his court, may issue an order under his hand and the seal of the court for bringing up before the court any prisoner confined in a jail, or person under any sentence or under commitment for trial, or under process in a civil suit, to be examined as a witness in such suit pending in such court; but the person having the custody of the prisoner is not bound to obey such order unless tender is made to him of a reasonable sum for the conveyance and maintenance of a proper officer or officers and of the prisoner, going to, remaining at and returning from such court.

29(2)After the person so in custody has testified, he shall be returned forthwith by the officer who has him in charge to the jail or prison, and such person shall, for the purpose of serving or completing the term of his imprisonment, be deemed to have remained continuously in such jail or prison, notwithstanding his having been taken therefrom as aforesaid as a witness.

29(3)No sheriff, jailer or other officer is liable to any action or prosecution for acting in obedience to any such order, and if sued he may plead the general issue and give such order in evidence thereunder.

29(1)A judge of The Court of Queen’s Bench of New Brunswick, upon application on affidavit of either party to a suit pending in his court, may issue an order under his hand and the seal of the court for bringing up before the court any prisoner confined in a jail, or person under any sentence or under commitment for trial, or under process in a civil suit, to be examined as a witness in such suit pending in such court; but the person having the custody of the prisoner is not bound to obey such order unless tender is made to him of a reasonable sum for the conveyance and maintenance of a proper officer or officers and of the prisoner, going to, remaining at and returning from such court.

29(2)After the person so in custody has testified, he shall be returned forthwith by the officer who has him in charge to the jail or prison, and such person shall, for the purpose of serving or completing the term of his imprisonment, be deemed to have remained continuously in such jail or prison, notwithstanding his having been taken therefrom as aforesaid as a witness.

29(3)No sheriff, jailer or other officer is liable to any action or prosecution for acting in obedience to any such order, and if sued he may plead the general issue and give such order in evidence thereunder.