CRIMINAL COURTS AHD THEIR POWERS 9 Of these, a MagisfeatejoLthe.&cst- class- may paas^~se£i£e.nce.,of ^i lELDJL exceeding- two- years. He is also empowered to direct that a certain portion of the sentence shall be served out in solitary confinement within the limits laid down by the Indian Penal Code. The power to inflict the punish- ment of whipping is also vested in a Magistrate of the first class. The term of imprisonment which a second class Magistrate may award is six months, but sfMagistfaie-dE- the -third-class cannot pass~ "a* sentence of imprisonment exceeding one month. All classes of Magistrates are also authorized to pass a sentence of fine, but a Magistrate of the first class cannot pass a sentence of fine exceeding one thousand.^ rupees, a Magistrate of the second class, one exceeding two " hundre^/rujgees, and a Magistrate, of the third class, exceed- ing rupees fifty. Magistrates of the second and the "third class "are not empowered to pass a sentence of whipping. As regards solitary confinement a Magistrate of the third class is not, but a Magistrate of the second class is, authorized to order that a portion of the sentence of imprisonment should be of the description known as solitary confinement. Twice the amount of imprisonment which a Magistrate is authorized to award may be inflicted by him when passing a sentence for two or more offences at one trial. Of course, the Court of any Magistrate may pass any lawful sentence combining any of the sentences which it is authorized by law to pass.3 In the Punjab, Sind, the Central Provinces, Coorg, and Assam and in Oudh and some other parts of the country the Local Government may also confer on certain Magistrates of the first class the powers resembling those of an Assistant Sessions Judge. Such Magistrates can pass any sentence except that of death and of transportation or imprisonment in excess of seven years. Subpoena. — A subpoena is a document compelling the attendance of a witness in a court of law under a penalty. When it is served on a witness to give evidence and produce documents before a court, he must do so punctually. Non-compliance in a civil case may render him liable to an action for damages, and in a criminal case, to fine or imprisonment, unless some reasonable excuse is forthcoming. In civil cases it is customary to offer a fee, termed conduct money, to cover necessary travelling expenses, when a subpoena is served. If this is not done, the medical practitioner may ignore the subpoena, if he so desires. In a case where a medical practitioner considers that the fee offered at the time of the service of a subpoena is less than what he is entitled to, he must ask to have his proper fee paid before being sworn to give evidence, and the presiding Judge will decide the fee to be paid in the circumstances. It is possible that the fee allowed by the Judge may be much less than what he expected. Hence, in order to avoid disappointment, the medical man will be well advised to make sure of his adequate remuneration before giving a report on a case which will eventually lead to litigation, unless it happens to be a case where he is bound in duty to give evidence. It should, however, be remembered that no unreasonable difficulty in the matter of payment of fees should be raised in cases tried in civil courts under the Workmen's Compensation Act, 1923, as modified upto the first August 1938. In criminal cases no fee is tendered at the time of serving a subpoena ; the independent medical practitioner may demand a fee at the time of giving professional evidence before taking the oath, but he should not insist o® Ms payment if the presiding officer of the court is not willing to sancMop Hie sum demanded by him. He must give evidence, or he may find hin^seif m. the inconvenient position of being charged with contempt of oDoart* t _ , _ _ _ _ _ . '«'«y^' ' ' 3. See Appendix 3H for different sections of Cr. Proc. Code.