ducing a certificate signed by such Barrister or other person, that he has considered the case of the said party, and believes him to have a good cause for action or defence, as the case may be, it shall be lawful for the said Court to grant a Rule to the party applying, calling upon the opposite party to shew causes why the applicant should not be allowed to sue or defend (as the case may bej za forma pauperis, and unless sufficient cause be shewn against the said Rule, the same shall be made absolute.
XXXV. That if the party applying to sue or defend Barrister as a Pauper in any case not being within the Summary Attorney Jurisdiction of the Court, shall also pray that any Barrister to appear for or Attorney consenting thereto may be appointed to appear l'auper. for him, the Court will so order, or else will appoint a Barrister and Attorney, or other person duly authorised to act as such, to appear for the said party.
of
Appointment
and
No fees to be
per causes.
XXXVI. That no fee shall be taken by any Barrister taken in Pau- or Attorney, or Officer of the Court, from any person admitted to sue or defend as a Pauper, for anything done in the conduct of the cause; but if he succeed, and the costs should be awarded to be paid by his opponent, then the Bar- rister and the Attorney of the said party, and the Oflicers of Court, shall be entitled to, and shall receive all such fees as the Registrar of the Court shall allow to them on taxation. When privi-
XXXVII. That any person having been so admitted to lege of suing or sue or defend as a l'auper, and becoming of ability during defending as a the progress of the cause, or misbehaving himself therein Pauper to cease by any vexatious or improper conduct or proceeding, or wilfully delaying the cause, shall, on the same being shewn
Process for
formation.
to the Court, be deprived of all the privileges of such his udniission.
4. CRIMINAL PROCEEDINGS.
XXXVIII. That the process of the said Court for Summoning de- summoning the Defendant to answer any Indictment or fendant on In- Information, and for the service of a copy of the Indiet- detment or in- ment or information on any Defendant therein named, shall be by writ sued out by the Registrar of the said Court, or when the prosecution is at the instance of a private party, by 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.
Notice
of
XXXIX. That the said Registrar or his Deputy in Trial on Indict- Crown cases, or the Prosecutor or his Attorney, shall ment or Infor- endorse on, or annex to, every Indictment or Information, mation.
and every copy of any Indictment or Information, e- livered 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 Defen- lant to trial on the said Indictment or Inforination; and which shall be as near as may be in the form in the Schedule hereunto annexed, marked No. 6.
Prosecutor to XL. That the said Registrar or his Deputy, or the Pro- deliver to She-secutor or his Attorney, shall deliver, or
cause to be rift, Process, delivered to the Sheriff, together with the process of the copy of Indict Court for summoning the Defendant a copy of the In- ment or Infor dictment or Information, with notice of trial endorsed on mation, and no- tice of Trial. the same or annexed thereto; and if there are more De- fendants 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
XLI. That the Sheriff shall, as soon as may be after mode of Sum- having received a copy or copies of the Indictment or In- moning defend formation, and notice or notices of trial, and the process of ant on Indict 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
ment or Infor
mation.
him, her, or them, the nature and exigeney 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 no- tices 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 suid 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 Return of ser- the said Indictment or Information, and notice or notices, vice of copy of Indictment,&c. 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 endorsed on the writ or process
for serving the same.
XLII. That when it shall appear by the endorsement Proceedings made on the writ or process by the officer executing the on non-appear- same, that the copy or copies of the Indictment or Infor- ance of defen- mation, and notice or notices of trial, have been duly served in manuer 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 bo 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, ber, or their appearance, that the same may be estreated; and it shall also be competent for the Pro- secutor to apply to any Judge of the said Court for his warrant for the apprehension of the said Defendant or Defendants,
dant thereon.
XLIV. That if the Prosecutor or his Attorney, having Proceedings given notice of trial, shall not appear in Court to prosecute on non-appear- or prefer the said Indictment or Information before the ange of pense close of the session of that Court before which he gave cutor after no-
tice of Trial. 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 Defend- ants, or any other on his, her, or their behalf, has or have been bound by recognizance for the appearance of the said Defendant or Defendants so to take his, her, or their trial, then that the said recognizance may be discharged; and where the Inlictment 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.
Process for
minal cases.
XLV. That the Subpoena or process of the Court for procuring the attendance of any person before the said procuring at Court to give evidence in any criminal case, shall be sued tendance of wit- out of the Registrar's Office by the Registrar thereof, or, nesses on eri- 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 Subpena as there are persons to be served therewith.
How many
XLVI. That the names of four Witnesses may be inserted in one Subpana, and they shall be described witnesses in one therein with such certainty that the summoning Officer Subpæna. may be able readily to find them; and the form of the said Subpoena shall, as near as may be, be according to the like form established in the said Court in aud for civil cases.
XLVII. That when the prosecution is at the instance
Private pro=
of a private person, he or she, or some one on his or her secutor to pay behalf, shall, at the time of delivering the said Subpoena and Sheriff's costs copies thereof, also pay to the Sheriff' his lawful costs and together with eharges for executing the same, together with such further expenses, sum or sums of money as the said private party intends the
373
DEX
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