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Chairman may issue warrant for bringing up prisoner to give evidence.
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43. The chairman of the county, upon application on affidavit by either party in a suit depending before him, may, if he shall think fit so to do, issue an order under his hand and seal for bringing up before the civil bill court any prisoner or person confined in any gaol, prison, or place within his county to be examined as a witness in any cause or matter depending before such court; and the person so required to be brought before such court shall be brought under the same custody, and shall be dealt with in all respects, as a prisoner required by any writ of habeas corpus awarded by any of Her Majesty's Superior Courts of Law at Dublin to be brought before such court to be examined as a witness is now by law required to be brought and dealt with: Provided always, that the person having the custody of such prisoner or person shall not be bound to obey such order unless a reasonable sum be tendered to him for the conveyance of a proper officer or officers, and of the prisoner or person, in going to and returning from such court, such sum to be part of the witness's expenses incident to the hearing of the cause, unless otherwise ordered by the chairman; provided also, that no person confined in a county or city gaol shall be brought up under any such order to any other place than to the court house of such county town, or city or town, where such gaol is situated.
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