perjury, and liable to same pains and penalties as for swearing falsely in open court. penalties as if such person or persons had wilfully sworn or affirmed falsely in the open court in which such affidavit or affirmation shall be intituled, or in the court in which such person or persons shall be tried, and be liable to be prosecuted for such perjury in any court of competent jurisdiction in Ireland, or in that part of the United Kingdom in which such person shall be apprehended on such a charge; and if any declaration which shall be made before any person who demeanor. shall be empowered to take declarations in Ireland under the authority aforesaid shall be false or untrue in any material particular, the person wilfully making such false declaration shall be deemed guilty of a misdemeanor, and shall be punishable accordingly. False declaration, a mis may be taken. 4. And be it enacted, that every such person authorized What fees to act under any such commission as aforesaid shall be entitled to receive and take such and the same fees, and none other, as masters extraordinary of the High Court of Chancery in England are now entitled to by virtue of the orders of that court, or of any act or acts of parliament now in force. 5. And whereas there are at present no means of compelling the attendance of persons to be examined under any commission for the examination of witnesses issued by the courts of law or equity in England or Ireland, or by the courts of law in Scotland, to be executed in a part of the realm subject to different laws from that in which such commissions are issued, and great inconvenience may arise by reason thereof; Be it therefore enacted, that if any person, after being served with a written notice to attend any commissioner or commissioners appointed to execute any such commission for the examination of witnesses as aforesaid (such notice being signed by the commissioner or commissioners, and specifying the time and place of attendance), shall refuse or fail to appear and be examined under such commission, such refusal or failure to appear shall be certified by such commissioner or commissioners, and it shall thereupon be competent, to or on behalf of any party suing out such commission, to apply to any of the superior courts of law in that part of the kingdom within which such commission is to be executed, or any one of the judges of such courts, for a rule or order to compel the person or persons so refusing or failing as aforesaid to appear before such commissioner or commissioners and to be examined under such commission; and it shall be lawful for the court or judge to whom such application shall be made by rule or order to command the attendance and examination of any person to be named, or the production of any writings or documents to be mentioned in such rule or order. 6. And be it enacted, that upon the service of such rule or order upon the person named therein, if he or she shall not appear before such commissioner or commissioners as afore For com pelling the attendance of witnesses. Punishment of persons disobeying rule or order to appear or to produce writings or documents required. For pay nesses, &c. said for examination, or to produce the writings or documents mentioned in such rule or order, the disobedience to such rule or order shall, if the same shall happen in England or in Ireland, render the person disobeying subject and liable to such pains and penalties as he or she would be subject and liable to by reason of disobedience to a writ of subpoena in England or in Ireland; and if such disobedience shall happen in Scotland it shall be competent to the Lord Ordinary on the bills, upon an application made to him by or on behalf of any party suing out such commission, and upon proof of such disobedience made before him, to direct the issue of letters of second diligence, according to the forms of the law of Scotland, to be used against the person disobeying such rule or order. 7. Provided always, and be it enacted, that every person ment of wit- whose attendance shall be so required shall be entitled to the like conduct-money and payment of expenses and for loss of time as for and upon attendance at any trial in a court of law; and that no person shall be compelled to produce under such rule or order any writing or other document that he or she would not be compellable to produce at a trial, nor to attend on more than two consecutive days, to be named in such rule or order. [17 & 18 VICT. c. 34.] An Act to enable the Courts of Law in England, WHEREAS great inconvenience arises in the administration Law in Eng land, Ireland and Scotland may issue compel process to the attendance of witnesses al though not within their 1. If, in any action or suit now or at any time hereafter Courts of depending in any of her Majesty's Superior Courts of Common Law at Westminster or Dublin, or the Court of Session or Exchequer in Scotland, it shall appear to the court in which such action is pending, or, if such court is not sitting, to any judge of any of the said courts respectively, that it is proper to compel the personal attendance at any trial of any witness who may not be within the jurisdiction of the court in which such action is pending, it shall be lawful for such court or judge, if in his or their discretion it shall so seem fit, to order that a writ, called a writ of subpoena ad testificandum, or of subpoena duces tecum, or warrant of citation, shall issue in special form, commanding such witness to attend such trial wherever he shall be within the United Kingdom, and the service of any such writ or process in any part of the United Kingdom shall be as valid and effectual to all intents and purposes as if same had been served within the jurisdiction of the court from which it issues. It will be seen from the terms of this section that if the court jurisdiction, Statement writ that it be punished in which the process was served. Persons not to be punished if it shall appear that sufficient money has not been tendered to pay expenses. Act not to prevent the issuing of a commission to examine witnesses. Not to affect the admissibility of evidence where now receivable. ss. 5, 6 and 7 (ante, pp. 485, 486); Reg. v. Alexander, 8 Jur. 380, E. T. 1844, Bail Court, cor. Coleridge, J.; Reg. v. Jennell, 2 D. & L. 21. 2. Every such writ shall have at foot thereof a statement or notice that the same is issued by the special order of the court or judge, as the case may be; and no such writ shall issue without such special order. 3. In case any person so served shall not appear according to the exigency of such writ or process, it shall be lawful for the court out of which the same issued, upon proof made of the service thereof, and of such default, to the satisfaction of the said court, to transmit a certificate of such default under the seal of the same court, or under the hand of one of the judges or justices of the same, to any of Her Majesty's Superior Courts of Common Law at Westminster, in case such service was had in England, or in case such service was had in Scotland to the Court of Session or Exchequer at Edinburgh, or in case such service was had in Ireland to any of Her Majesty's Superior Courts of Common Law at Dublin; and the court to which such certificate is so sent shall and may thereupon proceed against and punish the person so having made default in like manner as they might have done if such person had neglected or refused to appear in obedience to a writ of subpoena or other process issued out of such last-mentioned court. 4. None of the said courts shall in any case proceed against or punish any person for having made default by not appearing to give evidence in obedience to any writ of subpoena or other process issued under the powers given by this act, unless it shall be made to appear to such court that a reasonable and sufficient sum of money to defray the expenses of coming and attending to give evidence, and of returning from giving such evidence, had been tendered to such person at the time when such writ of subpoena or process was served upon such person. 5. Nothing herein contained shall alter or affect the power of any of such courts to issue a commission for the examination of witnesses out of their jurisdiction, in any case in which, notwithstanding this act, they shall think fit to issue such commission. 6. Nothing herein contained shall alter or affect the admissibility of any evidence at any trial where such evidence is now by law receivable, on the ground of any witness being beyond the jurisdiction of the court, but the admissibility of all such evidence shall be determined as if this act had not passed. [23 & 24 VICT. c. 34.] An Act to amend the Law relating to Petitions of [3rd July, 1860.] WHEREAS it is expedient to amend the law relating to petitions of right, to simplify the procedure therein, to make provision for the recovery of costs in such cases, and to assimilate the proceedings, as nearly as may be, to the course of practice and procedure now in force in actions and suits between subject and subject: Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, as follows: Petitions of right may be intituled in any of the superior courts at Westminster. 1. A petition of right may, if the suppliant think fit, be intituled in any one of the superior courts of common law or equity at Westminster in which the subject-matter of such petition or any material part thereof would have been cognizable if the same had been a matter in dispute between subject and subject,† and if intituled in a court of common law shall state in the margin the venue for the trial of such petition; and such petition shall be addressed to Her Majesty in the form or to the effect in the schedule to this act The form, annexed (No. 1), and shall state the christian and surname and usual place of abode of the suppliant and of his attorney, the petition if any, by whom the same shall be presented, and shall set as in schedule forth with convenient certainty the facts entitling the suppliant to relief, and shall be signed by such suppliant, his counsel or attorney. The object of this act is to simplify the procedure in peti- nature, and contents of No. 1. * The Court of Chancery has no jurisdiction to entertain a petition of right to adjudicate upon a claim to lands belonging to the Crown, situate in a colony (Re Holmes, 2 Johns. & H. 527; S. C. sub nom. Holmes v. Reg., L. J. 31, Ch. 38). A petition of right must be limited to such matters as are cognizable |