Directory_and_Chronicle_1886 — Page 796

Enlargement or abridgment.

Further enlarge-

ment,

In what cases,

Notice.

Interpretation of "the Court."

How charge to be made.

Summons or warrant.

Form of charge.

Service.

86

RULES OF SUPREME COURT

amendment of any petition, answer, notice, or other document whatever, at any time, on such terms (if any) as justice requires.

Power of Court as to Time.

276. Nothing in these Rules shall affect the power of the Court (for reasons to be recorded in the minutes of proceedings) to enlarge or abridge the time appointed or allowed for the doing of any act or the taking of any proceeding on such terms (if any) as justice requires.

277. Where the Court is by these Rules or otherwise authorised to appoint the time for the doing of any act or the taking of

act or the taking of any proceeding, or to enlarge the time appointed or allowed for that purpose by these Rules or otherwise,-the Court may further enlarge any time so appointed or enlarged by it on such terms (if any) as seem just, provided that the application for further enlargement is made before the expiration of the time already allowed, and that such further enlargement appears to the Court (for reasons to be recorded in the minutes of proceedings) to be required for the purposes of justice, and not to be sought merely for delay.

Guardian for Purposes of Suit.

278. Where on default made by a defendant in answering or otherwise defending the suit after due service of the petition, it appears to the Court that he is an infant or person of weak or unsound mind (not so found by inquisition), so that he is unable of himself to defend 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 purpose of the suit, by whom he may defend the same.

But no such order shall be made except on notice, after expiration 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), served 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. I.—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 against another before the Supreme or other Court, must do so in person, or by attorney or counsel, or an agent lawfully thereunto authorised.

may

281. In every case, whether the charge is or is not such as must or 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 or by way of warrant for his apprehension in the first instance, 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 sum- moned 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.