76 ORDINANCE No. 15 OF 1844.
Supreme Court.
Prosecutor to 95. And be it further enacted and ordained, that the said Registrar, or his deputy
deliver to
sheriff process, or the prosecutor or his attorney shall deliver, or cause to be delivered to the sheriff,
copy of
indictment or
information and [together with the process of the Court for summoning the defendant] the copy of the
notice of trial.
indictment or information , with notice of trial indorsed on the same, or annexed thereto ;
and, if there are more defendants than one, then as many copies and notices as there
are defendants ; and, if the prosecution be at the instance of any private party, the
prosecutor shall also , at the same time, pay to the said sheriff his lawful costs and
charges for serving the same.
Time and mode 96. And be it further enacted and ordained, that the sheriff shall, as soon as may
of summoning
defendant on
indictment or be, after having received a copy or copies of the indictment or information, and notice
information .
or notices of trial, and the process of the Court for serving the same, and, ten days at
least before the day therein specified for trial of the said defendant or defendants , by
himself, or his deputy, or other officer, deliver to the said defendant or defendants, the
said copy or copies, and notice or notices, and explain to him, her, or them, the nature
and exigency thereof ; and when the said defendant or defendants, or any, or either of
them, cannot be found, he shall leave a copy or copies of the said indictment or
information, and notice or notices of trial, with some one of his, her, or their household
for him, her, or them, at his, her, or their dwelling -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 .
Return of service 97. And be it further enacted and ordained, that the officer serving the copy or
of copy of
indictment, &c. copies of the said indictment or information , and notice or notices, shall forthwith
transmit to the Registrar of the Court, a copy of the return of the mode of service
of the said indictment or information indorsed on the writ or process for serving the
same.
Proceedings on 98. And be it further enacted and ordained, that when it shall appear by the
non-appearance
of defendant indorsement made on the writ or process by the officer executing the same, that the
thereon.
copy or copies of the indictment or information , and notice or notices of trial have been
duly served in manner hereinbefore 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 the Chief Justice of the said Court for his warrant for the
apprehension of the said defendant or defendants.
Proceedings on 99. And be it further enacted and ordained , that, if the prosecutor or his attorney,
non-appearance
of prosecutor having given notice of trial, shall not appear in Court to prosecute or prefer the said
after notice of
trial. indictment or information, before the close of the session of that Court, before which
he gave notice for trial, it shall be competent for the defendant or defendants to move
the Court to discharge him, her, or them, therefrom ; and when the said defendant or