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High Court - Civil Proceedings (Ss 19-24)

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19.     Manner of securing attendance of witnesses in civil proceedings

          (1) A party to civil proceedings before the Court in which the attendance of any witness is required may procure the attendance of such witness in the manner provided for in the rules of court.

          (2) Whenever any person subpoenaed to attend any civil proceedings as a witness fails without reasonable cause to obey the subpoena and it appears from the return of the proper officer or from evidence given on oath that the subpoena was served on the person to whom it was directed and that his reasonable expenses calculated in accordance with the tariff prescribed in the rules of court have been paid or offered to him,or that he is evading service,or that any person who has attended in obedience to a subpoena fails to remain in attendance without the authority of the Court,the Court in which such proceedings are conducted may issue a warrant directing that such person be arrested and brought before the Court at a time and place specified in the warrant or as soon thereafter as possible.

          (3) A person arrested under a warrant issued under subsection (2) may be detained thereunder before the Court which issued it or in any prison or lock-up or other place of detention or in the custody of the person executing the warrant with a view to securing his presence as a witness at the proceedings:

          Provided that the Court may release him on a recognizance with or without security pending his appearance at an enquiry under subsection (4).

          (4) The Court may in a summary manner make enquiry into a present evasion of the service of a subpoena or failure to obey a subpoena or to remain in attendance and may, unless it is proved that such person has a reasonable excuse for such evasion or failure, sentence him to a fine not exceeding P100 or to imprisonment for a term not exceeding three months, or to both.

          (5) Any sentence imposed by the Court under subsection (4) shall be enforced and shall be subject to appeal as if it were a sentence imposed for a criminal offence.

          (6) If a person who has entered into any recognizance for his appearance at any proceedings or at any enquiry under subsection (4) fails so to appear, he may, apart from the forfeiture of his recognizance, be dealt with as if he had failed to obey a subpoena to appear at such proceedings or enquiry.

20.     Expenses of witnesses

          The Court may, in civil proceedings, allow to all persons required to attend or to be examined as witnesses such sums of money as expenses or compensation for their loss of time as may be prescribed.

21.     Refusal of witness to give evidence

          (1) Whenever a person who appears in obedience to a subpoena or by virtue of a warrant issued under section 19, or is present and is required by the Court to give evidence in any civil proceedings, or, having been sworn or made an affirmation, refuses to answer such questions as are put to him or refuses or fails to produce any document or thing that he is required to produce, without any just excuse for such refusal or failure, the Court may adjourn the proceedings for a period not exceeding eight days, and may, in the meantime, commit the person so refusing or failing to prison unless he sooner consents to do what is required of him.

          (2) If any person so refusing or failing again refuses or fails to do what is required of him at the resumed hearing of the proceedings, the Court may again adjourn the proceedings and commit him for a like period and so again from time to time until such person does what is required of him.

          (3) Nothing in this section shall be construed as preventing the Court from giving judgment in any case or otherwise disposing of the proceedings according to any other sufficient evidence taken.

22.     Property not liable to be seized in execution

          The following property shall not be seized in execution of any process of the Court-

    (a)     the necessary beds and bedding and wearing apparel of the person against whom execution is levied or of his family;

    (b)     the necessary furniture and household utensils, insofar as they do not exceed in value the sum of P400;

    (c)     the supply of food and drink in the house sufficient for the needs of such person and of his family during one month;

    (d)     tools and implements of trade, and tools necessarily used in the cultivation of land, insofar as such tools or implements do not exceed in value the sum of P400;

    (e)     professional books, documents or instruments necessarily used by such person in his profession, insofar as the same do not exceed in value the sum of P400.

23.     When civil imprisonment to be decreed

          No writ of civil imprisonment for non-payment or non-satisfaction of any judgment or decree shall be granted or issued by the Court in cases in which the defendant or any other party against whom such writ of civil imprisonment is sought to be issued proves to the satisfaction of the Court that he or the other party against whom such writ is sought has no property or means sufficient to satisfy in whole or in part the said judgment or decree.

24.     Offences related to execution

          Any person who-

    (a)     obstructs the Sheriff in the execution of his duty;

    (b)     being aware that goods are under arrest, interdiction or attachment by the Court, makes away with or disposes of those goods in a manner not authorized by law, or knowingly permits those goods, if in his possession or under his control, to be made away with or disposed of in such manner;

    (c)     being a judgment debtor and being required by the Sheriff to point out property to satisfy a warrant issued in execution of a judgment of the Court against such person-

         (i)       falsely declares to the Sheriff that he possesses no property or insufficient property to satisfy the warrant, or

         (ii)       knowing of such property, neglects or refuses to point out such property or to deliver it to the Sheriff when required to do so; or

    (d)     being a judgment debtor, refuses or neglects to comply with any requirement of the Sheriff with regard to the delivery of documents in his possession or under his control relating to the title of immovable property under execution,

shall be guilty of an offence and liable to a fine not exceeding P100 or to imprisonment for a term not exceeding three months, or to both.