892
Payments to be made by private prosecutor for service, etc.
Service of subpoena.
Return of service.
Non-attendance of witness at adjourned trial.
No. 9 of 1899.
CRIMINAL PROCEDURE.
and the form of the subpoena shall, as near as may be, be according to the like form used in the Supreme Court in civil cases.
(4) The party obtaining the subpoena shall at the same time make out and give to the Registrar as many copies as there are persons to be served therewith, and the Registrar shall deliver the original, together with the copies, to the bailiff for service.
37. When the prosecution is at the instance of a private person, such person or someone on his behalf shall, at the time of obtaining the subpoena, pay into the Registry the lawful costs and charges for executing the same, together with such further sum or sums of money as such person intends the bailiff to give or tender to the witnesses respectively for their travelling expenses.
38.- (1) The bailiff shall, as soon as may be after having received any subpœna and copy, deliver to the person named in the subpoena the said copy.
(2) In any case where such person cannot be found, the bailiff shall leave the said copy with someone of his household for him at his dwelling-house or with someone of his clerks for him at his counting-house or place of business.
(3) The bailiff shall, at the time of service, show to such person or to the person with whom the said copy is left, as the case may be, the original subpoena and explain to him the nature and exigency thereof.
39. The bailiff shall, at or immediately after the time of service, indorse on or annex to the original subpoena a return in writing, signed by him, of the time and mode of service, and shall forthwith transmit the same to the Registrar.
40. Every witness who is present when the trial of a case is adjourned, or who has been duly notified of the time to which such trial or further trial is so adjourned, shall be bound to attend at such time, and, in default of so doing, may be dealt with in the same manner as if he had failed to attend before the court in obedience to a subpoena to attend and give evidence.