Subpoena

L Under a penalty; a judicial writ commanding the attendance or appearance of a witness or party in court,' under a penalty; in equity, the first process, like the writ in an action, and issued on the filing of the bill. Subpoena ad testificandum: subpoena to testify; the common subpoena to a witness. Subpoena duces tecum: a subpoena by which a witness is commanded to bring with him certain documents or writing specified.

I. Under a penalty. party or witness to appear pc Bna ad testiiicandum: Duces tecum; a subpoena with him certain documents is the first called entail; a settlemeat of lands life, remainder to his first and other remainder to the daughters with cross settlor or grantee in fee; with to preserve contingent remainders or right. estrepement. nature. upon. Sub-bosons: underunder the condition. Sub colore Sub cura mariti: under the disjunctione: in the alternative. before court. Sub modo: imder Sub potestate virl, parentis, protection] of a husband, parent, the conducto: under safe and seunder seal. Sub silentio: in spe reconciliatiouis: under the suo periculo: at his ovra risk. [used in referring to another title]. of a feud out of a feud, to be held the statute Quia empiores. /. The cause removed, the effundamento, cadit opus: the founda- Sublato principali, tollitur removed, the accessory is gone also. procuring another to commit an A judicial writ commanding a in court under a penalty. Subthe common subpoena to a witness. commanding the person to bring or evidence. In equity, the sublike the wrii in law, and issues on

A writ requiring the person served to attend before court at a time and place mentioned, under penalty; from which last two words it derives its name. Three kinds of subpcena are in common use; others are known. In chancery practice, subpoena serves the purpose of the writ to bring the defendant into court as a party. This is known as the subpoena to hear and answer. The appearance of witnesses, in any court, is usually compelled by service upon him of a subpoena ad testificandum, — for testifying. Should it be desired to procure, in addition to his testimony, a production of papers which ho has in possession, a subpoena duces tecum. — that you bring with you — (here designating the papers required) is served. Subpoena is a writ by which persons are commanded to appear at a certain place, at a certain time, under a penalty of one hundred pounds. This writ is used both in the courts of chancery and in the courts, of common law, and is applied to various purposes. The subpoena most frequently in use, in chancery proceedings, was that by which parties were commanded to appear in court, and answer the plaintiff's bill, and which was thence called a subpoena to appear and answer. This subpoena was, however, abolished by the jurisdiction act, 1852. There are, however, other subpoenas still in use in effect different objects. The subpoenas of most frequent occurrence in common-law proceedings are: those used for the purpose of compelling witnesses to attend in court to give their testimony on a trial, and which are thence called subpoenas ad testificandum; and those used for the purpose, not only of compelling witnesses to attend in court, but also requiring them to bring with them books or documents which may be in their possession, and which may tend to elucidate the subject-matter of the trial, and which are thence called subpoenas duces tecum. Brown. The subpoena bears a close analogy to the citation, or vocatio in jus, of the civil and canon laws. There are several kinds; and, at common law, there are two to compel the attendance of witnesses. These are: i Sii6poena ad testificandum, — the common subpoena, — which is personally served upon a witness, in order to compel him to attend the trial or inquiry to give evidence. Subpoena duces tecum; this is personally served upon a person who has in his possession any written instrument, &c., which would be evidence. These subpoenas are also used in criminal proceedings. Four witnesses can be included in one subpoena, whether in civil or criminal cases. There are several subpoenas used in the course of a chancery suit; but only three names can be included in one writ, — husband and wife counting as one. They are the following: Subpoena ad testificandum; sub/mna duces tecum; subpoena to hear judgment; subpoena for costs; subpoena served upon an infant, on attaining majority, to give him an opportunity to show cause against a decree; subpoena to name a solicitor, where the solicitor of a party has died, and such party refuses to appoint another. The subpoena to rejoin and the subpoena to appear to and answer a bill, known in former practice, hare been abolished. Whaiion.