SUBPOENA¹, chancery practice. A mandatory² writ³ or process, directed to and requiring one or more persons to appear at a time to come, and answer the matters charged against him or them; the writ of subpoena was originally a process in the courts of common law, to enforce the attendance of a witness to give evidence; but this writ was used in the court of chancery for the game purpose as a citation⁴ in the courts of civil and canon law, to compel the appearance of a defendant⁵, and to oblige him to answer upon oath the allegations of the plaintiff.

2. This writ was invented by John Waltham, bishop⁶ of Salishury, and chancellor⁷ to Rich. II. under the authority of the statutes⁸ of Westminster 2, and 13 Edw. I. c. 34, which enabled him to devise new writs⁹. 1 Harr. Prac. 154; Cruise, Dig. t. 11, c. 1, sect¹⁰. 12-17. Vide Vin. Ab. h. t.; 1 Swanst. Rep. 209.

SUBPOENA DUCES TECUM, practice. A writ or process of the same kind as the subpoena ad testificandum, including a clause requiring the witness to bring with him and produce to the court, books, papers, &c., in his hands, tending to elucidate¹¹ the matter in issue. 3 Bl. Com. 382.

SUB PEDE SIGILLI. Under the foot of the seal; under seal. This expression is used when it is required that a record should be certified¹² under the seal of the court.

SUB POTESTATE. Under or subject to the power of another; as, a wife is under the power of her hushand; a child subject to that of his father; a slave to that of his master.

SUBREPTION, French law. By this word is understood the fraud committed to obtain a pardon, title, or grant, by alleging¹³ facts contrary to truth.

SUBROGATION, civil law, contracts. The act of putting by a transfer, a person in the place of another, or a thing in the place of another thing. It is the substitution (q. v.) of a new for an old creditor¹⁴, and the succession to his rights, which is called subrogation; transfusio unius creditoris in alium. It is precisely¹⁵ the reverse of delegation¹⁶. (q. v.)

2. There are three kinds of subrogation: 1. That made by the owner of a thing of his own free will; example, when be voluntarily assigns it. 2. That which arises in consequence of the law, even without the consent of the owner; example, when a man pays a debt which could not be properly called his own, but which nevertheless it was his interest to pay, or which he might have been compelled to pay for another, the law subrogates him to all the rights of the creditor. Vide 2 Binn. Rep. 382; White's L. C. in Eq.* 60-72. 3. That which arises by the act of law joined to the act of the debtor¹⁷; as, when the debtor borrows money expressly to pay off his debt, and with the intention of substituting the lender in the place of the old creditor. 7 Toull. liv. 3, t. 3, c. 5, sect. 1, §2. Vide Civ. Code of Louisiana, art. 2155 to 2158; Merl. Repert. h. t.; Dig. lib. 20; Code, lib. 8, t. 18 et 19 9 Watts¹⁸. R. 451; 6 Watts & Serg. 190; 2 Bouv. Inst. n. 1413.