714515-1865-HONGKONG-ANNO-VICESIMO-OCTAVO-VICTORIE-REGINE-NO-OF1865- — Page 3

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THE HONGKONG GOVERNMENT GAZETTE, 11TH FEBRUARY, 1865.

said Indictment or Information and Notice or Notices of Trial with some one of his or their Household for him or them at his or their Dwelling-house or with some one of his or their Clerks for him or them at his or their Counting House or Place of business, and if none such can be found, shall affix the said Copy or Copies and Notice or Notices to the Outer or Principal Door of his or their Dwelling-house.

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Prisoner may be

XIV. Provided always that nothing herein contained shall prevent any Person in Custody at the opening of or during any Criminal Session from being tried thereat, if tried at once. he shall express his desire to be so tried and no special objection be made thereto on the part of the Crown.

XV. The Officer serving the Copy or Copies of the said Indictment or Information Return of Service of and Notice or Notices shall forthwith transmit to the Registrar a Copy of the Return Copy of Indictment, of the Mode of Service thereof indorsed on the Writ or Process in that behalf.

&c.

charged.

XVI. When it shall appear by the Indorsement made on the Writ or Process by Proceedings on Non- the Officer executing the same that the Copy or Copies of the Indictment or Informa- appearance of Party tion and Notice or Notices of Trial have been duly served in manner hereinbefore provided and the Party or Parties charged on being thrice called on the Day appointed for the Trial does or do not appear, it shall be competent for the Prosecutor to move the Court, if the Party or Parties charged have been admitted to bail, that he or they and his or their Sureties may be called upon their Recognizance or Recognizances and in default of his or their appearance that the same may be estreated; and it shall also be competent for the Prosecutor to apply to the Court for a Warrant for the Apprehen- sion of the said Party or Parties.

appearance of Prose- cutor after Notice of com- Trial.

XVII. If the Prosecutor or his Attorney having given Notice of Trial shall not Proceedings on Non-

in Court to prosecute or prefer the said Indictment or Information before the appear close of the Session of that Court before which he gave Notice of Trial it shall be petent for the Party or Parties charged to move the Court to discharge him or them therefrom; and when he or they, or any other on his or their behalf has or have been bound by Recognizance for his or their Appearance so to take his or their Trial then that the said Recognizance may be discharged; and where the Indictment or Informa- tion is at the instance of a Private l'arty it shall also be competent to the Party or Parties charged to move the Court that the said Private Prosecutor or his Sureties shall be called on their Recognizance and in default of his Appearance that the same may be estreated.

Attendance of Wit- nosses on Criminal æ

XVIII. The Subpoena or Process of the Court for procuring the Attendance of Process for procuring any Person before the said Court to give Evidence in any Criminal Case, shall be sued out of the Registrar's Office by the Crown Solicitor, or, where the Prosecution is at the Cases. instance of a Private Party, by the Prosecutor or his Attorney, or by the Party or Parties charged or his 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 Subpæna as there are Persons to be served therewith.

many Witness

XIX. The Names of Four Witnesses may be inserted in one Subpana, and they How shall be described therein with such Certainty that the summoning Officer may be able es in one Subpæna. 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 and for Civil Cases.

to pay Sheriff's Costs"

XX. When the Prosecution is at the instance of a Private Person, he or some Private Prosecutor one on his behalf, shall, at the Time of delivering the said Subpana and Copies thereof, together with Expen- also pay to the Sheriff his lawful Costs and Charges for executing the same, together ses. with such further Sum or Sums of Money as the said Private Party intends the said Sheriff to give or tender to the said Witnesses respectively for their Travelling Expenses.

XXI. Service of any Subpoena upon any Person therein named to give Evidence, Service of Subpoena. shall be made by delivering to him or by leaving with some one of his Household for him at his Dwelling-house, or with some one of his Clerks at his Counting-house or Place of Business, when he cannot be found, a Copy of the said Subpæna; and the summoning Officer shall at the same time shew him or the Person with whom the Copy is left, the Original, and shall inform him of the Exigency thereof; and the said icer shall in all cases endorse on, or annex to the Original, a Return of the Manner this Execution thereof, and shall transmit the same to the Registrar of the Court.

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