10° VICTORIE.- 1847. 15
house, or with some one of his, her, or their Clerks, for him, her, or
them, at his, her, or their Counting-house or Place of Business ; and
if none such can be found, shall affix the said Copy or Copies, and
Notice or Notices, to the Outer or Principal Door of the said
Dwelling-House or Houses.
XLII. That the Officer serving the Copy or Copies of the said Return of Service of
Indictment or Information , and Notice or Notices, shall forthwith Copy
&c. of Indictment,
transmit to the Registrar of the Court a Copy of the Return of the
Mode of Service of the said Indictment or Information endorsed on
the Writ or Process for Serving the same.
XLIII . That when it shall appear by the Endorsement made on Proceedings on Non-
the Writ or Process by the Officer executing the same, that the appearance
dant thereon.of Defen-
Copy or Copies of the Indictment or Information, and Notice or
Notices of Trial, have been duly served in Manner herein before
provided, and the Defendant or Defendants, on being Thrice called
on the Day appointed for the said Trial, does, or do not appear, it
shall be competent for the Prosecutor to move the Court, if the
Defendant or Defendants have been admitted to Bail, that he, she,
or they, and his, her, or their Sureties, may be called upon their
Recognizance or Recognizances, and in Default of his, her, or their
Appearance, that the same may be Estreated ; and it shall also be
competent for the Prosecutor to apply to any Judge of the said
Court for his Warrant for the Apprehension of the said Defendant
or Defendants .
XLIV. That if the Prosecutor or his Attorney, having given Proceedings on Non-
Notice of Trial, shall not appear in Court to prosecute or prefer the cutor
appearance of Prose-
Notice of
said Indictment or Information before the Close of the Session of Trial.
that Court before which he gave Notice for Trial, it shall be compe-
ent for the Defendant or Defendants to move the Court to discharge
him, her, or them therefrom ; and when the said Defendant or
Defendants, or any other on his, her, or their behalf, has or have
been bound by Recognizance for the Appearance of the said De-
fendant 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 .
XLV. That the Subpoena or Process of the Court for procuring Process for procu-
ring Attendance of
the Attendance of any Person before the said Court to give Evidence Witnesses on Criminal
in any Criminal Case, shall be sued out of the Registrar's Office by Cases.
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.
XLVI . That the Names of Four Witnesses may be inserted in esHow many
in one Witness-
Subpæna.
one Subpoena, and they shall be described therein with such Certainty
that the summoning Officer may be able readily to find them ; and
the