258
How many Witness-
THE HONGKONG GOVERNMENT GAZETTE, 10TH JUNE, 1865.
or
Instance of a Private Party, by the Prosecutor or his Attorney, or by the Party Parties charged or his or their Attorney; and the same shall be delivered to the Sherif at his Office, for Execution thereof, together with so many Copies of the Subpanɑ as there are Persons to be served therewith.
18. The Names of Four Witnesses may be inserted in one Subpoena, and they es in one Subpoena. shall be described therein with such Certainty that the summoning Officer may be able readily to find them; and the Form of the Subpoena shall, as near as may be, be according to the like Form established in the said Court in and for Civil Cases.
to pay Sheriff's Costs
ses.
Private Prosecutor 19. When the Prosecution is at the Instance of a Private Person, he or some one together with Expen- on his Behalf, shall, at the Time of delivering the said Subpoena and Copies thereof, also pay to the Sheriff his lawful Costs and Charges for executing the same, together with such further Sum or Sums of Money as the said Private Party intends the said Sheriff to give or tender to the said Witnesses respectively for their Travelling Expenses.
1
Service of Subpæna.
Pleading to Infor-
mation.
Effect of a Plea of "Not Guilty.”
20. Service of any Subpoena upon any Person therein nained to give Evidence, shall be made by delivering to him or by leaving with some one of his Household for him at his Dwelling-house, or with some one of his Clerks at his Counting-house or Place of Business, when he cannot be found, a Copy of the said Subpana; and the summoning Officer shall at the same Time shew him or the Person with whom the Copy is left, the Original, and shall inform him of the Exigency thereof; and the said Officer shall in all Cases endorse on, or annex to the Original, a Return of the Manner of his Execution thereof, and shall transmit the same to the Registrar of the Court.
21. The Prisoner to be tried upon any Information shall be placed at the Bar unfettered, unless the Court shall see Cause otherwise to order; and the Information shall be read over to him, by the Registrar or other Officer of the Court, and explained, if need be, by that Officer, or the Interpreter of the Court; and such Prisoner shall be required to plead instantly thereto; unless where the Prisoner is entitled to Service of a Copy of the Information, he shall object to the Want of such Service, and the Court shall find that he has not been duly served therewith.
22. Every Prisoner upon being arraigned upon or charged with any Information by pleading generally thereto the plea of "Not Guilty" shall without further Form be How Plea of Au- deemed to have put himself upon the Country for Trial, and in any Plea of Autrefois Convict or Autrefois Acquit it shall be sufficient for any Prisoner to state that he has been lawfully Convicted or Acquitted, (as the case may be) of the said Offence charged in the Informination.
trefois Convict or
Acquit to be pleaded.
If prisoner refuses to plead how to be dealt with.
Amendment.
How far a Party may discredit his won Witness.
Proof of contradic- tory Statements of ad- verse Witness.
23. If any Prisoner being arraigned upon, or charged with, any Information stand mute of Malice, or who neither will, nor by reason of Infirmity, can, answer directly to the Information, the Court shall, if it think fit, order the Registrar to enter a Plea of "Not Guilty" on Behalf of such Prisoner, and the Plea so entered shall have the same Force and Effect as if such Prisoner had actually pleaded the same; or else the Court shall thereupon cause a Jury to be impanelled to try whether the Prisoner be of sound or unsound Mind, and if he shall be found to be of unsound Mind the Court shall make such Order touching the safe Custody of the Prisoner as to the Court shall seem just and proper; and if he shall be found of sound Mind the Court shall proceed
with the Trial.
24. It shall be lawful for the Court at any Time to amend the Information or Proceedings in any Matter of Form or Substance, the Omission or Insertion of which, as the Case may be, has not, in the Opinion of the Court, prejudiced or is calculated to prejudice the Prisoner in his Defence.
25. A Party producing a Witness shall not be allowed to impeach his Credit by general Evidence of bad Character, but he may, in case the Witness shall in the Opinion of the Court, prove adverse, contradict him by other Evidence, or, by Leave of the Court, prove that he has made at other Times a Statement inconsistent with his present Testimony; but before such lastmentioned Proof can be given, the Circumstances of the supposed Statement, sufficient to designate the particular Occasion, must be men- tioned to the Witness, and he must be asked whether or not he has made such Statement.
26. If a Witness, upon Cross-examination as to a former Statement made by his relative to the Subject-matter of the Trial, and inconsistent with his present Testimony, does not distinctly admit that he has made such Statement, Proof may be given that he did in Fact make it; but before such Proof can be given, the Circumstances of the sup posed Statement, sufficient to designate the particular Occasion, must be mentioned to the Witness, and he must be asked whether or not he has made such Statement.