Part 1 — General
14 Compelling attendance of witness
RSA 2000
(a) is in doubt as to the true corner or boundary of any parce l
that the surveyor is surveying, and
(b) has reason to believe that a person has information with
respect to it or a plan or document that may establish its true
position, and that person
(i) does not willingly appear before and submit to being
examined by the surveyor, or
(ii) does not produce to the surveyor the plan or document
on demand,
the surveyor may apply to a justice of the peace for a subpoena.
(2) An application under subsection (1) shall include an affidavit
setting out reasonable grounds on which the surveyor believes the
person has knowledge of or has a plan or document that pertains to
the true position of a corner, boundary or limit.
(3) The justice of the peace may issue a subpoena commanding the
person to appear before the surveyor at a time and place set out in
the subpoena and may require the person to bring a plan or
document referred to in the subpoena.
(4) If a person who is served with a subpoena issued under
subsection (3) and who has been tendered reasonable expenses
(a) does not appear before the surveyor at the time and place set
out in the subpoena or does not produce the plan or
document, if any, or
(b) does not give evidence on the corner, boundary or limit in
question,
a justice of the peace may issue a warrant for the arrest of that
person and that person is guilty of an offence.
RSA 2000 cS-26 s14;2022 c16 s16