Directory_and_Chronicle_1889 — Page 918

Proof of service.

In what cases.

Execution;

In another Consular district, when,

In what cases.

Contents.

Force.

Day: night.

Summons.

Warrant after

summons.

Warrant in first instance.

Refusal to take oath or to snswer,

94

RULES OF SUPREME COURT

The person effecting service must attend at the time and place men- tioned 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.

Notwithstanding the issuing of a summons, a warrant 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 it may be executed at any place in another Consular district, without any applica- tion to the Court of that district.

Search Warrant.

284. Where positive proof or probable suspicion is shown to the Court by evidence on oath that anything on, by, or in respect of which a crime or offence cognizable by the Court has been committed, is in any house or place over which, by reason of the nationality of the occupier thereof, the Court has jurisdiction, the Court may issue a warrant to search the house or place, and if anything searched for is found, to seize it, and apprehend the occupier of the house or place.

The warrant shall be directed to some officer by name, who alone shall be entrusted with its execution, but he may be accompanied by any person or persons necessary to assist him in his search.

A general warrant to search shall not be granted, but the particular house or place must be indicated in it.

If the house or place is closed, and the officer is denied admission after demanding admission and disclosing his authority and the object of his visit, it may be forced open.

Where there is probable suspicion only, the warrant must be executed in the day time; where there is positive proof, it may be executed in the night time.

Witnesses.

285. Where it is shown to the Court, on oath, that any British sub- ject within the particular jurisdiction is likely to give material evidence, either for the prosecution or for the defence, and will not voluntarily at- tend to give evidence at the preliminary examination, or in summary cases at the hearing of the charge, the Court shall issue a summons for his attendance.

286. If any person summoned does not obey the summons, and does not excuse his failure to the satisfaction of the Court, then (after proof on oath of the service of the summons) the Court may issue its warrant to compel his attendance.

287. Where it is shown to the Court, on oath, that any British sub- ject within the particular jurisdiction is likely to give material evidence, either for the prosecution or for the defence, and that it is probable he will not attend to give evidence at the preliminary examination or in summary cases at the hearing of the charge, unless compelled to do so, then instead of issuing a summons the Court may issue a warrant in the first instance.

288. If on the appearance of the person summoned, either in obedienee to a summons, or on being brought up by virtue of a warrant, he refuses to take an oath,-or, having taken an oath, to answer any question put