1778-02-02 (static/transcriptions/1778/02/002.jpg)

1778. 1 Term. [Monday] Feb 2.

proceedings of the Court, yet, a Subpoena to give Evidence is not to be return’d, but if there is only One Witness in the Subpoena, the Subpoena is to be left with that One Witness, where there are three, a Label is served on each of two of them, and the Writ of Subpoena shewn to each of them, and the Writ itself is left with the last Witness that is served. Mr. Farrar, the Senior Advocate now in this Court, inform’d the Court (as he often does, unask’d) that the method was as above in England, and that the Label’s must be personally served, but leaving the Subpoena, at the house was sufficient. We were all of opinion the Service of a Subpoena, must be proved by affidavit. Mr. Farrar said the Court of Chancery would not Issue an Attachment for non-attendance on a Subpoena without an affidavit that he was a material Witness. We all agreed that it was reasonable in England, and still more reasonable here, because otherwise Persons might be harrass’d by being brought from very great distances to give Evidence, when they knew nothing of the matter.
Impey said. Our Charter in the Equity Jurisdic=
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