ORDINANCE No. 15 OF 1844.
Supreme Court.
defendants, or any other person on his, her, or their behalf, has, or have been bound by recognizance for the appearance of the said defendant or defendants so to take his, her, or their trial, then that the said recognizance may be discharged; and, where the indictment or information is at the instance of a private party, it shall also be competent to the defendant or defendants to move the Court that the said private prosecutor or prosecutrix and his, or her sureties shall be called on their recognizance, and, in default of his, or her appearance, that the same may be estreated.
Process for procuring attendance of witnesses on
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100. And be it further enacted and ordained, that the subpoena, or process of the Court, for procuring the attendance of any person before the said Court to give evidence in any criminal case, shall be sued out of the Registrar's office by the Registrar thereof, or, where the prosecution is at the instance of a private party, by the prosecutor or his attorney, or by the defendant or defendants, or his, her, 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.
101. And be it further enacted and ordained, that the names of four witnesses may be inserted in one subpoena, 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 said subpœna shall, as near as may be, be according to the like form established in the said Court in and for civil cases.
How many witnesses in one subpœna.
102. And be it further enacted and ordained, that when the prosecution is at the instance of a private person, he, or she, or some one on his behalf, shall, at the time of delivering the said subpoena, and copies thereof, also pay to the said 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.
Private prosecutor to pay sheriff's costs together with expenses.
103. And be it further enacted and ordained, that service of any subpoena upon any person therein named to give evidence, shall be made by delivering to him, or her, or by leaving with some one of his, or her household for him, or her, at his, or her dwelling-house, or with some one of his or her clerks at his or her counting house or place of business, when he, or she, cannot be found, a copy of the said subpœna, and the summoning officer, shall, at the same time, show him, or her, or the person with whom such copy is left, the original, and shall inform him, or her, of the exigency thereof; and the said officer shall in all cases indorse 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.
Service of subpœna.
104. And be it further enacted and ordained, that the prisoner or prisoners to be tried on any indictment or information, shall be placed at the bar unfettered, unless the Court shall see cause otherwise to order; and the indictment or information shall be read over to him, her, or them, 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 or prisoners, shall be required to plead instantly thereto; unless where the prisoner or
Pleading to indictment or information.
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