752
Process for
attendance of
procuring
witnesses on criminal
cases.
How many
witnesses in
ORDINANCE No. 3 OF 1865.
Criminal Law Procedure.
to discharge him or them therefrom; and when he or they, or any other on his or their behalf has or have been bound by recognizance for his or their appearance so to take his or their trial then that the said recognizance may be discharged; and where the information is at the instance of a private party it shall also be competent to the party or parties charged to move the Court that the said private prosecutor or his sureties shall be called on their recognizance and in default of his appearance that the same may be estreated.
17. The subpoena or process of the Court for procuring the attendance of any person on behalf of the Crown who shall not have been bound by recognizance to appear before the said Court to give evidence in any criminal case, shall be sued out of the Registrar's office by the Crown Solicitor, or, where the prosecution is at the instance of a private party, by the prosecutor or his attorney, or by the party or parties charged or his or their attorney; [and the same shall be delivered to the sheriff at his office, for execution thereof, together with so many copies of the subpoena as there are persons to be served therewith. Repealed by Ordinance No. 23 of 1882 and new words substituted.]
18. The names of four witnesses may be inserted in one subpœna, and they 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.
Private prosecutor to pay sheriff's costs together with expenses.
Service of subpœna.
19. When the prosecution is at the instance of a private person, he or someone on his behalf, shall, at the time of delivering the said subpœna and copies thereof, also pay to the sheriff his ["pay into the Registry the" as amended by Ordinance No. 23 of 1882] 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 ["the bailiff" as amended by Ordinance No. 23 of 1882] to give or tender to the said witnesses respectively for their travelling expenses.
20. Service of any subpœna upon any person therein named to give evidence, shall be made by delivering to him or by leaving with someone of his household for him at his dwelling-house, or with someone of his clerks at his counting-house or place of business, when he cannot be found, a copy of the said subpoena; and the summoning officer shall at the same time show him or the person with whom the copy is left, the original subpoena.