D. 1899.]
CRIMINAL PROCEDURE.
[No. 9
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petent for the accused person to move the Court to discharge him therefrom, and if he, or any other person on his behalf, has been bound by recognizance for his appearance so to take his trial, then that the said recognizance may be discharged.
Where the prosecution is at the instance of a private person, it shall also be competent for the accused person to move the Court that the prosecutor and his sureties, if any, shall be called on their recognizances, and, in default of his appearance, that the same may be estreated: (3) On any such application the Court shall make such order as it may think just.
46. (1.) Where it appears by the return made by the Bailiff that the copy of the indictment and notice of trial has been duly served on the accused person, and the accused person, on being thrice called on the day appointed for trial, does not appear, a motion may be made on behalf of the prosecution, if the accused person has been admitted to bail, that he and his sureties, if any, may be called on their recognizances, and, in default of his appearance, that the same may be estreated.
(2) On any such application the Court shall make such order as it may think just.
Non-appearance of accused person.
47. Where any person against whom an indictment has been duly referred, and who is then at large, does not appear to plead to such indictment, whether he is under recognizance to appear or not, the Court may issue a warrant for his apprehension.
48. After the commencement of this Ordinance, outlawry in criminal cases shall be abolished.
49. If the accused person is at the time confined for some other cause in prison, the Court or a Judge may, by order in writing, without writ of habeas corpus, direct the Keeper of such prison to bring up the body of such person, as often as may be required, for the purpose of trial, and the Keeper shall obey such order.
Arraignment.
Abolition of outlawry.
Bringing up of accused person in custody for other cause. 30 & 31 Vict. c. 35 s. 10.
50.(1) The accused person shall be placed at the bar unfettered and not in prison clothes, unless the Court sees cause to direct otherwise.
(2) The indictment shall then be read over to him by the Registrar, and explained, if necessary, by the Registrar or the interpreter of the Court, and he shall be required to plead instantly thereto, unless he objects to the want of due service of the indictment and notice of trial, and the Court finds that he has not been duly served therewith.
Arraignment of accused person.