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.