In what casES.
Contents.
Force.
Day: night,
Summons.
Warrant after summons.
Warrant in first instance.
Refusal to take oath or to answer.
In what cases.
Extent of following Rules.
86
RULES OF SUPREME COURT
Search Warrant.
284. Where positive proof or probable suspicion is shown to the Court by evidence on oath that anything on, by, or in respect of which a crime or offence eognizable by the Court has been committed, is in any ouse or live over which, by reason of the nationality of te occupier thereof, the Court has jurisdiction, the Court may issue a warrant to search te b use or place, and if anything searched or is found, to seize it, and apprehend the occupier of the house or place.
The warrant shall be directed to some officer by name, who alone shall be entrusted with its ex cution, but he may be accom- panied by any person or persons necessary to assist him in is search. Ag neral warrant to search shall not be granted, but the particular house or place must be indicated in it.
If the house or place is closed, and the officer is denied admis-ion after demanding admission and disclosing his authority and the objet of his visit, it may be forced open.
Where there is probable suspicion only, the wairant must be executed in the day time; where there is positive proof, it may be executed in the night time.
Witnesses.
285. Where it is shown to the Court, on oath, that any British subject within the particular jurisdiction is lik ly to give material evidence, wither for the pros, cution or for the defence, and will not voluntarily attend to give evidence at the preliminary examination, or in summary cases at the hearing of the charge, the Court. shall issue a summons (Form 35) for his attendance.
286. If any person summoned does not obey the summons, and does not excuse his failure to the satisfaction of the Court, then (after cof on cath of the service of the summons) the Court may issue its warrant (Form 36) to compel his attendance.
287. Where it is shown to the Court, on oath, that any British subject within the particular jurisdiction is likely to give material evidence, either for the prosecution or for the defence, and that it is probable he will not attend to give vidence at the preliminary examination, or in summary cases at the hearing of the charge, unless compelled to do so, then instead of issuing a summons the Court may issue a warrant (Form 37) in the first instance.
1
2-8. If on the appearance of the person summoned, either in obedience to a summons, or on being brenght up by virtue of a warrant, he refuses to take an oath,--or, baving taken an oath, to answer any question put to him,—and does not excuse his refusal to the satisfaction of the Court, then the Court may, by warrant, (Form 38) commit him to prison, there to remain for not more than sev u days, unless he in the meantime consents to answer duly
on oath.
Issuing, &c., of Warrant on Sunday or Holyday,
289. A warrant for apprehension or commitment or other purpose, or a search warrant, may be issued and may be executed on a Sunday, Good Friday, or Christmas Day, as well as on any other days, where the urgency of the case so requires.
II.-Proceedings by Preliminary Examination and Indictment.
290. The following Rules (under the sub-heading "Proceedings by Preliminary Examination and In lictment") apply exclusively to cases where the charge is to be heard and determined not in a summary way, but on indictment.