Notice of Trial
on Indictment or Information.
Prosecutor to deliver to Sheriff,
tice of Trial.
the Prosecutor or his Attorney, and the same shall be directed to the Sheriff of the Colony, in the form, or as near as may be, in the Schedule hereunto annexed, marked No. 5.
XXXIX. It is further ordered, That the said Registrar or his Deputy in Crown cases, or the Prosecutor or his Attorney, shall endorse on, or annex to, every Indictment or Information, and every copy of any Indictinent or Information, delivered to the Sheriff for service thereof, a notice of trial; which notice shall specify the Court before which, and the particular session and time when, he will bring the Defendant to trial on the said Indictment or Information; and which shall be as near as may be in the form in the Schedule hereunto annexed, marked No. 6.
XL. It is further ordered, That the said Registrar or his Process, copy of Deputy, or the Prosecutor or his Attorney, shall deliver, or Indictment of In- cause to be delivered to the Sheriff, [together with the process formation, and no of the Court for summoning the Defendant] a copy of the 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 De- fendants; 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
Time and mode
fendant on indict-
tion.
the same.
XLI. It is further ordered, That the Sheriff shall, as soon of summoning de- as may be after having received a copy or copies of the Indict- ment or Informa- ment or information, and notice 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 De- fendant or Defendants, by himself, or his Deputy, or other Officer, deliver to the said Defendant or Defendants the said copy or copies, or 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 ser-
dictment, &c.
XLII. It is further ordered, That the Officer serving vice of copy of In- the copy or 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
said Indictment or Information, indorsed on the writ or pro- cess for serving the same.
defendant thereon.
XLIII. It is further ordered, That when it shall appear by Proceedings on the indorsement made on the writ or process, by the officer non-appearance of executing the same, that the 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 Defend- ants 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 compe- tent for the Prosecutor to apply to the Chief Justice of the said Court, for his warrant for the apprehension of the said De- fendant or Defendants.
prosecutor after no-
XLIV. It is further ordered, That if the Prosecutor or his Proceedings on Attorney, having given notice of trial, shall not appear in non-appearance of Court to prosecute or prefer the said Indictment or Informa- tice of Trial. tion, before the close of the session of that Court before which he gave notice for trial, it shall be competent for the Defend- ant or Defendants to move the Court to discharge him, her, or them therefrom; and when the said Defendant or Defend- ants, or any other on his, her, or their behalf, has or have been bound by recognizance for the appearance of the said Defend- ant or Defendants so to take his, her, or their trial, then that the said recognizance may be discharged; and where the In- dictment 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.
of Witnesses
on
XLV. It is further ordered, that the Subpana, or process of Process for pro- the Court, for procuring the attendance of any person before curing attendance the said Court to give evidence in any criminal case, shall be criminal cases. sued out of the Registrar's Office by 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 De- fendants, 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 Subpæna as there are persons to be served therewith.
XLVI. It is further ordered, That the names of four Wit- How many Wit- nesses may be inserted in one Subpoena, and they shall be nesses in one Sub-
described pæna.
D
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