Directory_and_Chronicle_1882 — Page 659

Prosecutor or witnesses

to enter into recog- nizance,

In what cases,

Custody during remand,

In what cases.

Where discretionary.

88

RULES OF SUPREME COURT

Recognizance to Prosecute or give Evidence.

299. The Court may, at the preliminary examination, bind by recognizance (Form 41) the prosecutor and every witness to appear at the Court at w ich the accused is to be tried, to prosecute, or to prosecute and give evidence, or to give evidence (as the case may be). A notice of each recognizance (Form 42) suall at the same time be given to tɛe person bound thereby,

If a witness refus is to enter into a recognizance, the Court may, by warrant (Form 43), con.mit him to prison, there to remain until after the trial of the accused, unless in the meantime he duly enters into a recogniza; ce.

But if afterwards, from want of sufficient evidence or other cause, the accused is not either committed for trial or eld to bail, the witness shall be discharged from custody by direction of the Court.

Remand.

300. If from the absence of witnesses or any other reasonable cause the Court consi lers it necessary or advisable to defer or adjourn the preliminary exalaination, the Court may, by warrant (Fora 44), from time to time remand the accused for such time as seems reasonable, not exceeding fourteen days, to some prison or other place of security:

Or, if the remand is for not more than eight days, the Court may, by word of mouth, order the officer or person in whos · custody the accused is, or any other fit officer or person, to continue or k ep the accus d in his custody, and to bring him up at the time appointed for commencement or continuance of the examination.

During the period of remand the Court may, nevertheless, order the accused to be brought before it.

Instead of deta ing the accused in custo ly during the Р riod of reman the Court may dise arge him, on his entering into a recognizance, with or without a surety or sureties, as the Court may think fit (Form 15). For is appearance.

A notice of each revognizance (Form 46) shall at the same time be given to each person bonad ther by.

Commitment.

301. When all the evi-ience adduced at the preliminary examination on the part of the prosecution has been heard, if the Court is of opinion that it is not suflicient to put the accused on his trial, the Cout shali fort with order him, if in custody, to be discharged as to the particular charge in question.

If, on the contrary, te, Court is of opinion that the evidence is sufficient to put the acensed on his tial, the Cour, s'all either by warrant (Form 47) commit him to pr sou, there to remain til d livered by due course of law, or admit him to h: 77.

Bail.

2. Where the accused is charged with--

Felony;

Assault with intent to commit felony;

Attempt to con mit elony;

Obtaining or attempting to obtain property by false

pretences;

Receiving stolen property, or property obtained by false

pretences;

Perjury, or subornation of perjury;

Concealing the birth of a child by secret burying or

otherwise;