Directory_and_Chronicle_1869 — Page 340

Notice.

Interpretation of “ the Court."

How charge to be made.

Summons or warrant.

*

Form of charge.

Service.

Proof of service,

In what casES

Execution;

In another Consular district, when

78

RULES OF SUPREME COURT

the suit, the Court may, on the application of the plaintiff or of its own motion, appoint some fit person to be guardian of the defendant for the purposes of the suit, by whom he may defend the same.

But no such order shall be made except on notice, after expira- tion of the time for answering, and four days at least before the day named in the notice for the hearing of the application, or for the Court proceeding (as the case may be), on or left at the dwelling- house of the person with whom or under whose care the defendant was at the time of service of the petition, and also, in the case of an infant not residing with or under the care of his father or guardian, served on or left at the dwelling-house of such father or guardian, unless the Court thinks fit in any case to dispense with such last- mentioned service.'

XIII-CRIMINAL MATTERS. 1.-In General.

279. In the following Rules (under the heading “Criminal Matters") as far as they relate to the Supreme Court, the expression "the Court" means or includes (as the case may require) any officer of, or person attached to, the Supreme Court from time to time. authorized to exercise or assist in the exercise of any part of the criminal jurisdiction of that Court.

280. A person making a criminal charge (Form 31) against another before the Supreme or other Court, must do so in person, or by attorney or counsel, or an agent lawfully thereunto authorized.

281. În every case, whether the charge is or is not such as must or may be heard and determined in a summary way, the Court shall proceed, if the accused is not already in custody, either by way of summons to him (Form 32) or by way of warrant for his apprehen- sion in the first instance (Form 33), according as the nature and circumstances of the case require.

Summons.

282. For the issuing of a summons the charge need not be put in writing or be sworn to unless the Court so directs.

A summons shall be served by the delivery of it to the person summoned personally, or if he cannot be conveniently met with, then by its being left at his usual or last known place of abode or business within the particular jurisdiction.

The person effecting service must attend at the time and place ntioned in the summons, to prove service if necessary,

Warrant.

283. If the person summoned does not obey the summons, the Court may (after proof on oath of due service of the summons) issue a warrant for his apprehension (Form 34).

Notwithstanding the issuing of a summons, a warrant (Form 33) may be issued at any time before or after the time appointed in the summons for the appearance of the accused.

A warrant shall not be issued in the first instance unless the charge is in writing on the oath of the person laying the charge, or of some witness.

A warrant need not be made returnable at any particular time, but may remain in force until executed.

It may be executed by the apprehension of the accused at any place within the particular jurisdiction, and in case of fresh pursuit may be executed at any place in another Consular district, without any application to the Court of that district.

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