Order of commissioner respecting attachment of witness
31Where, after any such order is served on the witness and reasonable expenses are tendered in the manner prescribed by law or the practice of The Court of King’s Bench of New Brunswick for the service of summonses to witness in actions depending in the said Court, the witness does not attend in obedience to such order and produce and give in evidence such books, papers, documents or writings or, having attended, without sufficient cause neglects or refuses to give evidence of the matters in question, the commissioner or the attorney or agent of any of the parties to the action, proceeding or suit in which the commission is issued may apply to a judge of The Court of King’s Bench of New Brunswick who shall forthwith, upon an affidavit of such service, refusal or default, order such witness to appear before him at such time and place as he appoints, to show cause why an attachment should not be issued against him for such neglect, refusal or default.
Order of commissioner respecting attachment of witness
31Where, after any such order is served on the witness and reasonable expenses are tendered in the manner prescribed by law or the practice of The Court of Queen’s Bench of New Brunswick for the service of summonses to witness in actions depending in the said Court, the witness does not attend in obedience to such order and produce and give in evidence such books, papers, documents or writings or, having attended, without sufficient cause neglects or refuses to give evidence of the matters in question, the commissioner or the attorney or agent of any of the parties to the action, proceeding or suit in which the commission is issued may apply to a judge of The Court of Queen’s Bench of New Brunswick who shall forthwith, upon an affidavit of such service, refusal or default, order such witness to appear before him at such time and place as he appoints, to show cause why an attachment should not be issued against him for such neglect, refusal or default.