case VAILIANT versus DODOMEDE may though on a demurrer to a person be examine  as a witness it have be overrule a subpoena can be take out against he for  cost yet the court will give they upon a application by motion SC ante Mr  Bristol one of the sixty clerk demurrer to his be examine in a cause for that  he know nothing but what come to his knowledge as clerk in court or agent for  the defendant and the demurrer have be overrule the plaintiff now move that Mr  Bristol may pay pound cost or in default of payment to be suspend from be a  sixty clerk there be a cross notice to discharge a subpoena which have be take  out for cost against Bristol Lord chancellor this be a new case and there be  two question arise out of it first whether any cost can be obtain against a  witness upon such a demurrer be overrule by way of subpoena second whether it  be in the power and discretion of this court to give cost by any order as to  the first there can be no subpoena for such cost and this appear by Lord  clarendon rule which relate only to demurrer between party but I be of opinion  that the party be entitle to have cost upon application to the court and if I  be to jay it down as a rule that no cost shall be give in any case where a  witness atkins demurrer it will be of very bad consequence and tend great to  the delay of the proceed in this court in regard to publication and in some  case it will be worth the party while to put in such a demurrer for sake of  delay and I think the court may very well do this by way of analogy to the  court of commonlaw though original the party be leave to his satisfaction by  action yet at law the court now grant a attachment against the witness for not  appear and he shall not be discharge till he have pay the cost as to the merit  I think it a proper case to give cost in for it appear to I upon argue the  demurrer that Mr Bristol come to the knowledge of the fact before atkins er p  he be concern in the cause and therefore order he to pay pound cost and if he  neglect so do the court will then consider the other part of the notice as to  the case of Hildersley and Devischer in cite by Mr Sambourne where one of the  defendant demurrer as to his be examine as a witness for that he be a party  interest and that upon the demurrer be allow he be order his cost it be so far  in point that the court go out of the common rule of Lord clarendon order  where demurrer be confine to party in a cause